- Latest available (Revised)
- Point in Time (07/02/2023)
- Original (As enacted)
Point in time view as at 07/02/2023.
Policing and Crime Act 2017,
Part 2
is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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14E+W+SIn section 26 of the Fire Services Act 1947 (firefighters' pension scheme) (as continued in force by order under section 36 of the Fire and Rescue Services Act 2004) after subsection (5) insert—
“(5A)References in this section to employment as a member of a fire brigade or on duties connected with the provision of fire services include employment by the chief constable of the police force for a police area as a result of—
(a)a transfer to the chief constable under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004, or
(b)an appointment by the chief constable under section 4I(4) of that Act.
(5B)References in this section to a fire authority include the chief constable of the police force for a police area who employs persons as mentioned in subsection (5A).”
Commencement Information
I1Sch. 1 para. 14 in force for certain purposes at Royal Assent, see s. 183
I2Sch. 1 para. 14 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
15E+WIn section 69(1) of the Landlord and Tenant Act 1954 (interpretation) in the definition of “local authority” for “or a combined authority established under section 103 of that Act” substitute “ , a combined authority established under section 103 of that Act or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Commencement Information
I3Sch. 1 para. 15 in force for certain purposes at Royal Assent, see s. 183
I4Sch. 1 para. 15 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
16E+WIn section 11 of the Local Government Act 1966 (grants for certain expenditure due to ethnic minority population) in subsection (2) (bodies to which the section applies) after “This section shall apply to” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I5Sch. 1 para. 16 in force for certain purposes at Royal Assent, see s. 183
I6Sch. 1 para. 16 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
17E+WThe Leasehold Reform Act 1967 is amended as follows.
Commencement Information
I7Sch. 1 para. 17 in force for certain purposes at Royal Assent, see s. 183
I8Sch. 1 para. 17 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
18E+WIn section 28 (retention or resumption of land required for public purposes) in subsection (5)(a) (application to local authorities) after “any combined authority established under section 103 of that Act,” insert “ any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I9Sch. 1 para. 18 in force for certain purposes at Royal Assent, see s. 183
I10Sch. 1 para. 18 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
19E+WIn Schedule 4A (exclusion of certain shared ownership leases) in paragraph 2(2) (leases granted by certain local authorities: bodies to which the exclusion applies) after paragraph (b) insert—
“(ba)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.
Commencement Information
I11Sch. 1 para. 19 in force for certain purposes at Royal Assent, see s. 183
I12Sch. 1 para. 19 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
20E+W+SIn section 1 of the Local Government Grants (Social Need) Act 1969 (grants for special social needs) in subsection (3) (meaning of “local authority”) after “shall also include” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I13Sch. 1 para. 20 in force for certain purposes at Royal Assent, see s. 183
I14Sch. 1 para. 20 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
21E+W+SIn section 3(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance: employers to which the exemption applies) after “a combined authority established under section 103 of that Act,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I15Sch. 1 para. 21 in force for certain purposes at Royal Assent, see s. 183
I16Sch. 1 para. 21 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
22E+W+SIn section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) in subsection (4) (interpretation) after “any combined authority established under section 103 of that Act,” insert “ any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I17Sch. 1 para. 22 in force for certain purposes at Royal Assent, see s. 183
I18Sch. 1 para. 22 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
23E+WThe Local Government Act 1972 is amended as follows.
Commencement Information
I19Sch. 1 para. 23 in force for certain purposes at Royal Assent, see s. 183
I20Sch. 1 para. 23 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
24E+WIn section 120 (acquisition of land by agreement) after subsection (3A) insert—
“(3B)A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 is to be treated as a principal council for the purposes of this section (apart from subsection (1)(b)).”
Commencement Information
I21Sch. 1 para. 24 in force for certain purposes at Royal Assent, see s. 183
I22Sch. 1 para. 24 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
25E+WIn section 138C(1) (application of provisions about religious etc observance and involvement with religious etc events) after paragraph (p) insert—
“(pa)a fire and rescue authority created by an order under section 4A of that Act, but only for the purposes of section 138B;”.
Commencement Information
I23Sch. 1 para. 25 in force for certain purposes at Royal Assent, see s. 183
I24Sch. 1 para. 25 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
26E+WIn section 222 (power of local authority to prosecute or defend legal proceedings) in subsection (2) (application to bodies other than local authorities) after “the Common Council” insert “ and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Commencement Information
I25Sch. 1 para. 26 in force for certain purposes at Royal Assent, see s. 183
I26Sch. 1 para. 26 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
27E+WIn section 223 (appearance of local authorities in legal proceedings) in subsection (2) (application to bodies other than local authorities) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I27Sch. 1 para. 27 in force for certain purposes at Royal Assent, see s. 183
I28Sch. 1 para. 27 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
28E+WIn section 229 (photographic copies of documents) in subsection (8) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I29Sch. 1 para. 28 in force for certain purposes at Royal Assent, see s. 183
I30Sch. 1 para. 28 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
29E+WIn section 231 (service of notices on local authorities, etc) in subsection (4) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I31Sch. 1 para. 29 in force for certain purposes at Royal Assent, see s. 183
I32Sch. 1 para. 29 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
30E+WIn section 232 (public notices) in subsection (1A) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I33Sch. 1 para. 30 in force for certain purposes at Royal Assent, see s. 183
I34Sch. 1 para. 30 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
31E+WIn section 233 (service of notices by local authorities) in subsection (11) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I35Sch. 1 para. 31 in force for certain purposes at Royal Assent, see s. 183
I36Sch. 1 para. 31 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
32E+WIn section 234 (authentication of documents) in subsection (4) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I37Sch. 1 para. 32 in force for certain purposes at Royal Assent, see s. 183
I38Sch. 1 para. 32 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
33E+W+SIn section 13(7) of the Employment Agencies Act 1973 (activities to which the Act does not apply) after paragraph (fh) insert—
“(fi)the exercise by a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 of any of its functions;”.
Commencement Information
I39Sch. 1 para. 33 in force for certain purposes at Royal Assent, see s. 183
I40Sch. 1 para. 33 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
34E+WIn section 25(1) of the Local Government Act 1974 (authorities subject to investigation) after paragraph (bg) insert—
“(bh)a fire and rescue authority created by an order under section 4A of that Act;”.
Commencement Information
I41Sch. 1 para. 34 in force for certain purposes at Royal Assent, see s. 183
I42Sch. 1 para. 34 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
35E+W+SIn section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information: meaning of local authority) after “a combined authority established under section 103 of that Act” insert “ , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Commencement Information
I43Sch. 1 para. 35 in force for certain purposes at Royal Assent, see s. 183
I44Sch. 1 para. 35 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
36E+WIn section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1) in paragraph (a) of the definition of “local authority” after “a combined authority established under section 103 of that Act” insert “ , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Commencement Information
I45Sch. 1 para. 36 in force for certain purposes at Royal Assent, see s. 183
I46Sch. 1 para. 36 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
37E+WIn section 5(3) of the Rent (Agriculture) Act 1976 (tenancies which are not statutory tenancies) after paragraph (bbb) insert—
“(bbc)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.
Commencement Information
I47Sch. 1 para. 37 in force for certain purposes at Royal Assent, see s. 183
I48Sch. 1 para. 37 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
38E+WIn section 14(1) of the Rent Act 1977 (tenancies which are not protected tenancies) after paragraph (cc) insert—
“(cd)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.
Commencement Information
I49Sch. 1 para. 38 in force for certain purposes at Royal Assent, see s. 183
I50Sch. 1 para. 38 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
39E+WIn section 3A(8)(a) of the Protection from Eviction Act 1977 (excluded tenancies and licences: licences to occupy local authority etc hostels) after “the Inner London Education Authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I51Sch. 1 para. 39 in force for certain purposes at Royal Assent, see s. 183
I52Sch. 1 para. 39 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
40E+WThe Local Government, Planning and Land Act 1980 is amended as follows.
Commencement Information
I53Sch. 1 para. 40 in force for certain purposes at Royal Assent, see s. 183
I54Sch. 1 para. 40 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
41E+WIn section 99 (disposal of land at direction of Secretary of State - supplementary) in subsection (4) (authorities who may make representations about directions) after paragraph (dbb) insert—
“(dbc)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.
Commencement Information
I55Sch. 1 para. 41 in force for certain purposes at Royal Assent, see s. 183
I56Sch. 1 para. 41 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
42E+WIn Schedule 16 (bodies to whom Part 10 applies) after paragraph 5BC insert—
“5BDA fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.”
Commencement Information
I57Sch. 1 para. 42 in force for certain purposes at Royal Assent, see s. 183
I58Sch. 1 para. 42 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
43E+WIn section 17(4) of the Acquisition of Land Act 1981 (local authority and statutory undertakers' land: interpretation) in paragraph (a) of the definition of “local authority” after “the Common Council of the City of London,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I59Sch. 1 para. 43 in force for certain purposes at Royal Assent, see s. 183
I60Sch. 1 para. 43 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
44E+WThe Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.
Commencement Information
I61Sch. 1 para. 44 in force for certain purposes at Royal Assent, see s. 183
I62Sch. 1 para. 44 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
45E+WIn section 33 (enforceability by local authorities of certain covenants relating to land) in subsection (9)(a) (meaning of “principal council”) after “the London Residuary Body,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I63Sch. 1 para. 45 in force for certain purposes at Royal Assent, see s. 183
I64Sch. 1 para. 45 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
46E+WIn section 41 (lost and uncollected property) in subsection (13) (interpretation) in the definition of “local authority” after paragraph (ezb) insert—
“(ezc)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.
Commencement Information
I65Sch. 1 para. 46 in force for certain purposes at Royal Assent, see s. 183
I66Sch. 1 para. 46 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
47E+WIn section 45 (arrangements under Employment and Training Act 1973) in subsection (2) (local authorities to which section applies) after paragraph (c) (but before the “and” at the end of that paragraph) insert—
“(ca)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.
Commencement Information
I67Sch. 1 para. 47 in force for certain purposes at Royal Assent, see s. 183
I68Sch. 1 para. 47 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
48E+WIn section 60(3) of the County Courts Act 1984 (right of audience of local authority: interpretation) in the definition of “local authority” after “a combined authority established under section 103 of that Act,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I69Sch. 1 para. 48 in force for certain purposes at Royal Assent, see s. 183
I70Sch. 1 para. 48 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
49E+WIn section 4(1)(e) of the Housing Act 1985 (other descriptions of authority: local authorities) after “a combined authority” in both places insert “ , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Commencement Information
I71Sch. 1 para. 49 in force for certain purposes at Royal Assent, see s. 183
I72Sch. 1 para. 49 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
50E+WIn section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the definition of “local authority” after “a combined authority established under section 103 of that Act” insert “ , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Commencement Information
I73Sch. 1 para. 50 in force for certain purposes at Royal Assent, see s. 183
I74Sch. 1 para. 50 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
51E+WThe Local Government Act 1986 is amended as follows.
Commencement Information
I75Sch. 1 para. 51 in force for certain purposes at Royal Assent, see s. 183
I76Sch. 1 para. 51 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
52E+W+SIn section 6(2)(a) (meaning of “local authority” for the purposes of Part 2) after the entry relating to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 insert—
“a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.
Commencement Information
I77Sch. 1 para. 52 in force for certain purposes at Royal Assent, see s. 183
I78Sch. 1 para. 52 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
53E+WIn section 9(1)(a) (meaning of “local authority” for the purposes of Part 3) after the entry relating to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 insert—
“a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.
Commencement Information
I79Sch. 1 para. 53 in force for certain purposes at Royal Assent, see s. 183
I80Sch. 1 para. 53 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
54E+WIn section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) in paragraph (a) (local authorities) after “the Common Council of the City of London,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I81Sch. 1 para. 54 in force for certain purposes at Royal Assent, see s. 183
I82Sch. 1 para. 54 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
55E+W+SIn Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities) in the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 and other fire and rescue authorities, after “applies” insert “ , a fire and rescue authority created by an order under section 4A of that Act ”.
Commencement Information
I83Sch. 1 para. 55 in force for certain purposes at Royal Assent, see s. 183
I84Sch. 1 para. 55 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
56E+WThe Housing Act 1988 is amended as follows.
Commencement Information
I85Sch. 1 para. 56 in force for certain purposes at Royal Assent, see s. 183
I86Sch. 1 para. 56 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
57E+WIn section 74(8) (transfer of land etc to housing action trusts: meaning of “local authority”) after paragraph (fb) insert—
“(fc)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.
Commencement Information
I87Sch. 1 para. 57 in force for certain purposes at Royal Assent, see s. 183
I88Sch. 1 para. 57 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
58E+WIn Part 1 of Schedule 1 (tenancies which cannot be assured tenancies) in paragraph 12(2) (local authority tenancies: meaning of “local authority”) after paragraph (e) insert—
“(ea)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.
Commencement Information
I89Sch. 1 para. 58 in force for certain purposes at Royal Assent, see s. 183
I90Sch. 1 para. 58 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
59E+W+SIn section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from the requirement for third party insurance) after “the Inner London Education Authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I91Sch. 1 para. 59 in force for certain purposes at Royal Assent, see s. 183
I92Sch. 1 para. 59 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
60E+W+SThe Local Government and Housing Act 1989 is amended as follows.
Commencement Information
I93Sch. 1 para. 60 in force for certain purposes at Royal Assent, see s. 183
I94Sch. 1 para. 60 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
61E+W+SIn section 1(9) (meaning of politically restricted post under a local authority) at the end insert “ , and every member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004. ”
Commencement Information
I95Sch. 1 para. 61 in force for certain purposes at Royal Assent, see s. 183
I96Sch. 1 para. 61 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
62(1)Section 4 (designation and reports of head of paid service) is amended as follows.E+W+S
(2)In subsection (4) after paragraph (a) insert—
“(aa)in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—
(i)which corresponds to the authority's area, or
(ii)within which the area of the authority falls;”.
(3)After subsection (5A) insert—
“(5B)It shall be the duty of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 to consider any report under this section by the head of the authority's paid service and to do so no later than three months after the authority is sent a copy of the report.”
(4)In subsection (6)(a) for “and an elected local policing body” substitute “ , an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Commencement Information
I97Sch. 1 para. 62 in force for certain purposes at Royal Assent, see s. 183
I98Sch. 1 para. 62 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
63(1)Section 5 (designation and reports of monitoring officer) is amended as follows.E+W+S
(2)In subsection (3) after the second paragraph (a) insert—
“(aa)in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—
(i)which corresponds to the authority's area, or
(ii)within which the area of the authority falls;”.
(3)In subsection (5)(a) after sub-paragraph (i) insert—
“(ia)in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, no later than three months after the authority is sent a copy of the report;”.
(4)In subsection (8)—
(a)in the definition of “chief finance officer” after “Schedule 1 to the Police Reform and Social Responsibility Act 2011” insert “ , section 4D(4) of the Fire and Rescue Services Act 2004 ”, and
(b)in paragraph (a) of the definition of “relevant authority” for “and an elected local policing body” substitute “ , an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Commencement Information
I99Sch. 1 para. 63 in force for certain purposes at Royal Assent, see s. 183
I100Sch. 1 para. 63 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
64E+W+SIn section 21 (interpretation of Part 1) after subsection (1) insert—
“(1A)In section 7 references to a local authority include a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.
(1B)In the application of section 1(1) to a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 by virtue of subsection (1A) the reference to being or remaining a member of a local authority is to be read as a reference to becoming or remaining such an authority.”
Commencement Information
I101Sch. 1 para. 64 in force for certain purposes at Royal Assent, see s. 183
I102Sch. 1 para. 64 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
65E+W+SIn section 152(2) (meaning of “relevant authority” for the purposes of sections 150 and 151) after paragraph (f) insert—
“(fa)a fire and rescue authority created by an order under section 4A of that Act;”.
Commencement Information
I103Sch. 1 para. 65 in force for certain purposes at Royal Assent, see s. 183
I104Sch. 1 para. 65 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
66E+W+SIn section 155(4) (emergency financial assistance to local authorities: meaning of “local authority”) after paragraph (h) insert—
“(ha)a fire and rescue authority created by an order under section 4A of that Act;”.
Commencement Information
I105Sch. 1 para. 66 in force for certain purposes at Royal Assent, see s. 183
I106Sch. 1 para. 66 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
67E+WUntil the coming into force of the repeal of section 67 of the Local Government and Housing Act 1989 (application of provisions about companies in which local authorities have interests) by the Local Government and Public Involvement in Health Act 2007, subsection (3) of that section has effect as if after paragraph (h) there were inserted—
“(ha)a fire and rescue authority created by an order under section 4A of that Act;”.
Commencement Information
I107Sch. 1 para. 67 in force for certain purposes at Royal Assent, see s. 183
I108Sch. 1 para. 67 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
68E+WThe Town and Country Planning Act 1990 is amended as follows.
Commencement Information
I109Sch. 1 para. 68 in force for certain purposes at Royal Assent, see s. 183
I110Sch. 1 para. 68 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
69E+WIn section 252 (procedures for highways orders) in the definition of “local authority” in subsection (12) after “a combined authority established under section 103 of that Act,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Commencement Information
I111Sch. 1 para. 69 in force for certain purposes at Royal Assent, see s. 183
I112Sch. 1 para. 69 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
70E+WIn Schedule 14 (procedure for footpaths and bridleway orders) in paragraph 1(3) (meaning of “council”) for “or a combined authority established under section 103 of that Act” substitute “ , a combined authority established under section 103 of that Act or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Commencement Information
I113Sch. 1 para. 70 in force for certain purposes at Royal Assent, see s. 183
I114Sch. 1 para. 70 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
71(1)The Local Government Finance Act 1992 is amended as follows.E+W
(2)In section 39(1) (major precepting authorities) after paragraph (da) insert—
“(db)a fire and rescue authority created by an order under section 4A of that Act;”.
(3)In section 65(3) (duty of relevant authority to consult ratepayers: meaning of “relevant authority”) after “apart from a police and crime commissioner” insert “ or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004. ”.
Commencement Information
I115Sch. 1 para. 71 in force for certain purposes at Royal Assent, see s. 183
I116Sch. 1 para. 71 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
72E+W+SIn section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance) in subsection (10) (other bodies) after paragraph (a) insert—
“(aa)a fire and rescue authority created by an order under section 4A of that Act;”.
Commencement Information
I117Sch. 1 para. 72 in force for certain purposes at Royal Assent, see s. 183
I118Sch. 1 para. 72 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
73E+W+SThe Deregulation and Contracting Out Act 1994 is amended as follows.
Commencement Information
I119Sch. 1 para. 73 in force for certain purposes at Royal Assent, see s. 183
I120Sch. 1 para. 73 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
74E+W+SIn section 70(1ZB) (functions of local authorities: application to certain fire and rescue authorities) after “applies” insert “ or a fire and rescue authority created by an order under section 4A of that Act ”.
Commencement Information
I121Sch. 1 para. 74 in force for certain purposes at Royal Assent, see s. 183
I122Sch. 1 para. 74 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
75E+W+SIn section 79A (local authorities in England) after paragraph (n) insert—
“(na)a fire and rescue authority created by an order under section 4A of that Act;”.
Commencement Information
I123Sch. 1 para. 75 in force for certain purposes at Royal Assent, see s. 183
I124Sch. 1 para. 75 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
76E+WIn section 63 of the Police Act 1996 (Police Advisory Board for England and Wales), at the end insert—
“(4)Section 4K of the Fire and Rescue Services Act 2004 also imposes a requirement on the Secretary of State to consult the Police Advisory Board for England and Wales.”
Commencement Information
I125Sch. 1 para. 76 in force for certain purposes at Royal Assent, see s. 183
I126Sch. 1 para. 76 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
77E+WThe Crime and Disorder Act 1998 is amended as follows.
Commencement Information
I127Sch. 1 para. 77 in force for certain purposes at Royal Assent, see s. 183
I128Sch. 1 para. 77 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
78E+WIn section 5(5) (authorities responsible for strategies: interpretation) in the definition of “fire and rescue authority” after paragraph (a) insert—
“(aa)a fire and rescue authority created by an order under section 4A of that Act;”.
Commencement Information
I129Sch. 1 para. 78 in force for certain purposes at Royal Assent, see s. 183
I130Sch. 1 para. 78 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
79E+WIn section 17(2) (duty to consider crime and disorder implications: authorities to which duty applies) after the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies insert—
“a fire and rescue authority created by an order under section 4A of that Act;”.
Commencement Information
I131Sch. 1 para. 79 in force for certain purposes at Royal Assent, see s. 183
I132Sch. 1 para. 79 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
80E+W+SIn section 115(2) (disclosure of information: meaning of relevant authority) after paragraph (i) insert—
“(ia)a fire and rescue authority created by an order under section 4A of that Act;”.
Commencement Information
I133Sch. 1 para. 80 in force for certain purposes at Royal Assent, see s. 183
I134Sch. 1 para. 80 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
81U.K.In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: local government) after paragraph 14 insert—
“14AA fire and rescue authority created by an order under section 4A of that Act.”
Commencement Information
I135Sch. 1 para. 81 in force for certain purposes at Royal Assent, see s. 183
I136Sch. 1 para. 81 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
82E+WIn section 38 of the Police Reform Act 2002 (police powers for civilian staff) after subsection (11) insert—
“(11A)In the case of a police force maintained for a police area in England in accordance with section 2 of the Police Act 1996, the following are also relevant employees for the purposes of this section—
(a)any member of staff transferred to the chief constable of the police force under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004 (transfer of property, rights and liabilities to chief constable to whom fire functions of a fire and rescue authority may be delegated);
(b)any member of staff appointed by that chief constable under section 4I(4) of that Act (appointment of staff by chief constable to whom fire functions of a fire and rescue authority may be delegated).”
Commencement Information
I137Sch. 1 para. 82 in force for certain purposes at Royal Assent, see s. 183
I138Sch. 1 para. 82 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
83(1)The Local Government Act 2003 is amended as follows.E+W
(2)In section 23(1) (local authorities to which the provisions about capital finance etc and accounts apply) after paragraph (m) insert—
“(ma)a fire and rescue authority created by an order under section 4A of that Act;”.
(3)In section 33(1) (expenditure grant: interpretation) after paragraph (l) insert—
“(la)a fire and rescue authority created by an order under section 4A of that Act;”.
(4)In section 95(7) (power to trade in function-related activities through a company: interpretation) in the definition of “relevant authority” after paragraph (ab) insert—
“(ac)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.
(5)In section 97(11) (power to modify enactments in connection with charging or trading: interpretation) in the definition of “relevant authority” after paragraph (aa) insert—
“(ab)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.
Commencement Information
I139Sch. 1 para. 83 in force for certain purposes at Royal Assent, see s. 183
I140Sch. 1 para. 83 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
84E+WIn section 104 of the Local Government and Public Involvement in Health Act 2007 (partner authorities) in subsection (5) (meaning of “fire and rescue authority”) after paragraph (a) insert—
“(aa)a fire and rescue authority created by an order under section 4A of that Act;”.
Commencement Information
I141Sch. 1 para. 84 in force for certain purposes at Royal Assent, see s. 183
I142Sch. 1 para. 84 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
85E+W+SIn Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) after the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies insert—
“A fire and rescue authority created by an order under section 4A of that Act.”
Commencement Information
I143Sch. 1 para. 85 in force for certain purposes at Royal Assent, see s. 183
I144Sch. 1 para. 85 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
86E+WThe Police Reform and Social Responsibility Act 2011 is amended as follows.
Commencement Information
I145Sch. 1 para. 86 in force for certain purposes at Royal Assent, see s. 183
I146Sch. 1 para. 86 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
87(1)Section 1 (police and crime commissioners) is amended as follows.E+W
(2)In subsection (3) for “The” substitute “ Unless subsection (3B) applies, the ”.
(3)After subsection (3) insert—
“(3A)Subsection (3B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.
(3B)In that case the name of the police and crime commissioner is “the Police, Fire and Crime Commissioner for” with the addition of the name of the police area.”
Commencement Information
I147Sch. 1 para. 87 in force for certain purposes at Royal Assent, see s. 183
I148Sch. 1 para. 87 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
88E+WIn section 5 (police and crime commissioner to issue police and crime plan) after subsection (5) insert—
“(5A)Subsections (5B) to (5E) apply to a police and crime commissioner for a police area—
(a)which corresponds to the area of a fire and rescue authority created by an order under section 4A, or
(b)within which the area of such a fire and rescue authority falls.
(5B)Subject to subsection (5E), in issuing or varying a police and crime plan, the police and crime commissioner must have regard to—
(a)the current Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004, and
(b)the last document prepared and published by the fire and rescue authority in accordance with that Framework which sets out the authority's priorities and objectives, for the period covered by the document, in connection with the discharge of the authority's functions.
(5C)A police and crime plan which the police and crime commissioner is required to prepare may be prepared jointly by the commissioner and the fire and rescue authority.
(5D)If the police and crime commissioner and the fire and rescue authority prepare a joint police and crime plan, the plan must also set out the fire and rescue authority's priorities and objectives, for the period of the plan, in connection with the discharge of the authority's functions.
(5E)Subsection (5B)(b) does not apply to a joint police and crime plan.”
Commencement Information
I149Sch. 1 para. 88 in force for certain purposes at Royal Assent, see s. 183
I150Sch. 1 para. 88 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
89E+WIn section 28 (police and crime panels outside London) after subsection (1) insert—
“(1A)Subsection (1B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.
(1B)The police and crime panel for the police area is to be known as “the Police, Fire and Crime Panel”.”
Commencement Information
I151Sch. 1 para. 89 in force for certain purposes at Royal Assent, see s. 183
I152Sch. 1 para. 89 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
90E+WIn section 66 (disqualification from election or holding office as police and crime commissioner: other grounds) after subsection (9) insert—
“(10)Subsection (11) applies to the police and crime commissioner for a police area if, by virtue of an order under section 4A of the Fire and Rescue Services Act 2004, the person who is for the time being the commissioner for that area is also the fire rescue authority for an area which corresponds to or falls within the police area.
(11)A person is disqualified from being elected as, or being, that police and crime commissioner if the person is employed by—
(a)a fire and rescue authority within section 1(2) or (3) of the Fire and Rescue Services Act 2004,
(b)a fire and rescue authority constituted by a scheme under section 2 of that Act or a scheme to which section 4 of that Act relates, or
(c)a fire and rescue authority created by an order under section 4A of that Act.”
Commencement Information
I153Sch. 1 para. 90 in force for certain purposes at Royal Assent, see s. 183
I154Sch. 1 para. 90 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
91E+WIn Schedule 1 (police and crime commissioners) in paragraph 2 (salary etc) after sub-paragraph (3) insert—
“(4)Where the person who is the police and crime commissioner for a police area is also a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, a determination under this paragraph in relation to that person may, in particular, take account of the fact that the person also exercises functions as that fire and rescue authority.”
Commencement Information
I155Sch. 1 para. 91 in force for certain purposes at Royal Assent, see s. 183
I156Sch. 1 para. 91 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
92(1)Schedule 6 (police and crime panels) is amended as follows.E+W
(2)In paragraph 4(6) (functions of panels) at the end insert “ or by, or by virtue of, the Fire and Rescue Services Act 2004. ”
(3)In paragraph 22 (co-opted members of police and crime panels)—
(a)the existing paragraph becomes sub-paragraph (1), and
(b)at the end of that sub-paragraph insert—
“(2)Sub-paragraph (3) applies (as well as sub-paragraph (1)) in relation to a police and crime panel for a police area which, under or by virtue of the Fire and Rescue Services Act 2004, exercises functions in relation to a fire and rescue authority.
(3)A person may not be a co-opted member of the panel if the person is—
(a)a member of staff of the fire and rescue authority, or
(b)if an order under section 4H of that Act is in force in relation to that authority, a member of staff of the chief constable of the police force for the police area who has been—
(i)transferred to the chief constable under a scheme made under subsection 4I(1) of that Act, or
(ii)appointed by the chief constable under section 4I(4) of that Act.”
(4)In paragraph 27 (exercise of special functions) after sub-paragraph (2) insert—
“(3)The references in sub-paragraph (2) to section 28(3) and (4) and Schedule 5 include those provisions as applied in relation to a fire and rescue authority by virtue of Schedule A2 to the Fire and Rescue Services Act 2004.”
(5)After paragraph 32 insert—
32A(1)Sub-paragraph (2) applies in relation to a police and crime panel for a police area if—
(a)a fire and rescue authority is created by an order under section 4A of the Fire and Rescue Services Act 2004, and
(b)the area of the fire and rescue authority is the same as, or falls within, the police area.
(2)Each person listed in sub-paragraph (3)—
(a)must consider whether the person could exercise a function conferred on the person by or by virtue of this Schedule to enable the fire and rescue expertise objective to be met or to contribute to that objective being met, and
(b)if the person considers that the person could exercise such a function to that end, must do so.
(3)Those persons are—
(a)the panel,
(b)a relevant local authority, and
(c)the Secretary of State.
(4)The “fire and rescue expertise objective” referred to in this paragraph is the objective that members of the panel (when taken together) have the skills, knowledge and experience necessary for the panel effectively to discharge its functions in relation to the fire and rescue authority.”
Modifications etc. (not altering text)
C1Sch. 1 para. 92 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 23
Commencement Information
I157Sch. 1 para. 92 in force for certain purposes at Royal Assent, see s. 183
I158Sch. 1 para. 92 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
93E+WIn Schedule 8 (appointment, suspension and removal of senior police officers) in paragraph 2 (no appointment until end of confirmation process)—
(a)in sub-paragraph (1A) for “A person” substitute insert “ Subject to sub-paragraph (1AA), a person ”, and
(b)after sub-paragraph (1A) insert—
“(1AA)Where, under an order under section 4H of the Fire and Rescue Services Act 2004, functions of a fire and rescue authority are delegated to the chief constable of the police force for a police area, a person is eligible for appointment as that chief constable if the person—
(a)has experience at a senior level in the provision of services provided under the Fire and Rescue Services Act 2004, and
(b)has undertaken training in relation to policing matters of a kind that is specified by the College of Policing for the purposes of this paragraph.”
Commencement Information
I159Sch. 1 para. 93 in force for certain purposes at Royal Assent, see s. 183
I160Sch. 1 para. 93 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
94(1)The Localism Act 2011 is amended as follows.E+W
(2)In section 41(3) (power of fire and rescue authority to appoint officers and employees to be subject to pay policy statement) after “43(1)(i)” insert “ or (j) ”.
(3)In section 43(1) (meaning of “relevant authority” for purposes of provisions on pay accountability)—
(a)omit the “or” at the end of paragraph (h), and
(b)at the end of paragraph (i) insert “, or
(j)in relation only to sections 38, 40 and 41 and this section, a fire and rescue authority created by an order under section 4A of that Act.”
Commencement Information
I161Sch. 1 para. 94 in force for certain purposes at Royal Assent, see s. 183
I162Sch. 1 para. 94 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
95U.K.In Schedule 1 to the Public Service Pensions Act 2013 (persons in public service: definitions) in paragraph 6 (fire and rescue workers) for the “or” at end of paragraph (a) substitute—
“(aa)the chief constable of the police force for a police area having been—
(i)transferred to the chief constable under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004, or
(ii)appointed by the chief constable under section 4I(4) of that Act, or”.
Commencement Information
I163Sch. 1 para. 95 in force for certain purposes at Royal Assent, see s. 183
I164Sch. 1 para. 95 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
96U.K.In Part 3 of Schedule 9 to the Energy Act 2013 (protected information: permitted disclosures and restrictions on use) in paragraph 14(3) (local authorities and water authorities: interpretation) in the definition of “local authority” after paragraph (d) insert—
“(da)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;”.
Commencement Information
I165Sch. 1 para. 96 in force for certain purposes at Royal Assent, see s. 183
I166Sch. 1 para. 96 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
97(1)The Local Audit and Accountability Act 2014 is amended as follows.E+W
(2)In Schedule 2 (relevant authorities) after paragraph 22 insert—
“22AA fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.”
(3)In Schedule 7 (reports and recommendations by local auditor) in paragraph 5(7) (duty of certain authorities to consider report or recommendation) for “or the Mayor's Office for Policing and Crime” substitute “ , the Mayor's Office for Policing and Crime or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Commencement Information
I167Sch. 1 para. 97 in force for certain purposes at Royal Assent, see s. 183
I168Sch. 1 para. 97 in force at 3.4.2017 in so far as not already in force by S.I. 2017/399, reg. 2, Sch. para. 38
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