The Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017

Interpretation

2.  In this Order—

“the FRS Act 2004” means the Fire and Rescue Services Act 2004(1);

“the LDEDC Act 2009” means the Local Democracy, Economic Development and Construction Act 2009;

“the Area” means the area of the GMCA;

“constituent councils” means the district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan;

“fire and rescue authority” means a fire and rescue authority under the FRS Act 2004;

“fire and rescue declaration” means a document which—

(a)

is prepared and published by the GMCA in accordance with the Fire and Rescue National Framework; and

(b)

contains a statement of the way in which the GMCA has had regard, in the period covered by the document, to the Framework and to any local risk plan prepared by the GMCA for that period;

“fire and rescue functions” means functions conferred on GMCA as a fire and rescue authority by, or by virtue of, any enactment;

“Fire and Rescue National Framework” means the document prepared by the Secretary of State under section 21 of the FRS Act 2004;

“the fire and rescue service” means the personnel, services and equipment secured by the GMCA for the purposes of carrying out the GMCA’s functions under—

(a)

section 6 of the FRS Act 2004; (fire safety);

(b)

section 7 of that Act (fire-fighting);

(c)

section 8 of that Act (road traffic accidents);

(d)

any order under section 9 of that Act (emergencies) which applies to the GMCA;

(e)

section 2 of the Civil Contingencies Act 2004(2) and any regulations under that Act applying to a fire and rescue authority;

(f)

any other provision of or made under an enactment which confers functions on a fire and rescue authority;

“the GMCA” means the Greater Manchester Combined Authority, a body corporate established by the Greater Manchester Combined Authority Order 2011(3);

“the GMFRA” means the Greater Manchester Fire and Rescue Authority(4);

“local risk plan” means a document which—

(a)

is prepared and published by the GMCA in accordance with the Fire and Rescue National Framework; and

(b)

sets out for the period covered by the document in accordance with the requirements of the Fire and Rescue National Framework—

(i)

the GMCA’s priorities and objectives; and

(ii)

an assessment of all foreseeable fire and rescue related risks that could affect its community;

in connection with the discharge of the GMCA’s functions as a fire and rescue authority;

“the Mayor” means the mayor for the Area(5).

(1)

2004 c.21.

(2)

2004 c.36.

(3)

The Greater Manchester Combined Authority was established by S.I. 2011/908 (“ the GMCA Order 2011”) which has been amended but the amendments are not relevant to this Order. Article 3(2) of the GMCA Order 2011 provides that “the combined authority is to be a body corporate and to be known as the Greater Manchester Combined Authority (“the GMCA”).

(4)

The Greater Manchester Fire and Rescue Authority was established under section 26 of the Local Government Act 1985 (c.51) and the words “fire and rescue authority” were substituted by section 32 of, and paragraph 10 of Schedule 2 to, the Civil Contingencies Act 2004 (c.36).

(5)

Article 3 of S.I. 2016/448 provides for there to be a mayor for the area of the Combined Authority.