SCHEDULEModification of enactments in their application to the GMCA as a fire and rescue authority
PART 1Primary Legislation
Local Government Act 19721
In section 138(5) of the Local Government Act 1972 (powers of principal councils with respect to emergencies or disasters)17, the reference to “metropolitan county fire and rescue authority” is to apply as if it included “the GMCA as a fire and rescue authority”.
Greater Manchester Act 19812
In the Greater Manchester Act 198118, references to “the fire authority” are to apply as if they were references to “the GMCA as a fire and rescue authority”.
Local Government and Housing Act 19893
1
The Local Government and Housing Act 198919 is modified as follows.
2
In section 67 (application of provisions about companies in which local authorities have interests), subsection (3)(k) applies as if the reference to “joint authority established by Part IV of that Act” included a reference to “the GMCA as a fire and rescue authority”.
3
In section 155 (emergency financial assistance to local authorities) subsection (4)(g) applies as if the reference to a “joint authority established by Part IV of the Local Government Act 1985” included a reference to “the GMCA as a fire and rescue authority”.
Crime and Disorder Act 19984
1
The Crime and Disorder Act 199820 is modified as follows.
2
In the definition of “fire and rescue authority” in section 5(5) (authorities responsible for strategies), the reference in paragraph (b) to a “metropolitan county fire and rescue authority” is to apply as if it included a reference to “the GMCA as a fire and rescue authority”.
3
In the definition of “relevant authority” in section 115(2), the reference in paragraph (j) to a “metropolitan county fire and rescue authority” is to apply as if it included a reference to “the GMCA as a fire and rescue authority”.
Local Government Act 20035
Section 23(1) of the Local Government Act 2003 (meaning of “local authority” for purposes of Part 1)21 the reference in paragraph (k) to “a joint authority established by Part IV of that Act” is to apply as if it included a reference to “the GMCA as a fire and rescue authority.”
Fire and Rescue Services Act 20046
1
The FRS Act 200422 is modified as follows.
2
Section 4A (power to provide for police and crime commissioner to be fire and rescue authority) has effect as if at the end of subsection (3)(b) there were inserted—
, and
c
outside the Area.
3
Section 4B(1)(changes to existing fire and rescue authorities) has effect as if the reference to fire and rescue authorities in England outside Greater London did not include the GMCA.
PART 2Secondary legislation
7
In paragraph (a) of the definition of “local authority” in regulation 2(1) of the Pipelines Safety Regulations 1996 (interpretation)23 the reference to a “metropolitan county fire and rescue authority” is to apply as if it included a reference to “the GMCA as a fire and rescue authority”.
8
In article 1(2) of the Local Government (Best Value Authorities)(Power to Trade)(England) Order 2009 (application of order to best value authorities) 24 the reference in paragraph (c) to a “metropolitan county fire and rescue authority” is to apply as if it included a reference to “the GMCA as a fire and rescue authority”.
9
In regulation 3 of the Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012 (relevant authorities)25 the reference in paragraph (a) to a “metropolitan county fire and rescue authority established under section 26 of the Local Government Act 1985” is to apply as if it included a reference to “the GMCA as a fire and rescue authority”.
10
1
The Local Government Pension Scheme Regulations 201326 are modified as follows.
2
After regulation 64(8), insert—
8A
Paragraph (8B) applies where the exiting employer is the GMFRA and the liabilities of the fund in respect of benefits due to the GMFRA’s current and former employees (or those of any predecessor authority) have been or are to be transferred to the GMCA by virtue of this Order.
8B
Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.
11
In regulation 2(1) of the Explosives Regulations 2014 (interpretation)27 in the definition of “local authority”, the reference in paragraph (c) to “a metropolitan county fire and rescue authority” is to apply as if it included a reference to “the GMCA as a fire and rescue authority”.
12
In regulation 2(1) of the Control of Major Accident Hazards Regulations 201528 in paragraph (b) of the definition of “local authority”, sub-paragraph (ii) is to apply as if there were substituted for that sub-paragraph—
ii
the Area, the GMCA as a fire and rescue authority;