The Police, Fire and Crime Commissioner for Northamptonshire (Fire and Rescue Authority) Order 2018

PART 1General

Citation and commencement

1.  This Order may be cited as the Police, Fire and Crime Commissioner for Northamptonshire (Fire and Rescue Authority) Order 2018 and comes into force on 1st January 2019.

Interpretation

2.  In this Order—

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

“Authority” means the fire and rescue authority created in accordance with article 3;

“chief fire officer” means the person with responsibility for managing the fire and rescue service;

“DPCC” means the deputy police and crime commissioner for Northamptonshire;

“fire and rescue functions” means the 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 a fire and rescue authority;

(e)

section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise)(1) and any subordinate legislation made under that Act applying to a fire and rescue authority, and

(f)

any other provision of, or of subordinate legislation made under, an Act which confers functions on a fire and rescue authority;

“fire and rescue service” means the personnel, services and equipment secured by the Authority for the purpose of carrying out the Authority’s fire and rescue functions;

“integrated risk management plan” means a plan which—

(a)

is prepared and published by the Authority in accordance with the requirements of the Fire and Rescue National Framework(2), and

(b)

sets out for the period covered by the document—

(i)

an assessment of all the foreseeable fire and rescue related risks that could affect the area of the Authority, and

(ii)

proposals, including about the allocation of resources, for the mitigation of those risks;

“member of staff of the authority” means—

(a)

a member of staff transferred to the Authority under a transfer scheme made under section 4C of the FRS Act 2004(3), and

(b)

a member of staff appointed by the Authority under section 4D of the FRS Act 2004;

“member of staff of the PCC” means any of the following persons appointed by the PCC under paragraph 6 of Schedule 1 to the Police Reform and Social Responsibility Act 2011 (police and crime commissioners)(4)—

(a)

the commissioner’s chief executive;

(b)

the commissioner’s chief finance officer, or

(c)

another member of staff, and

“PCC” means the police and crime commissioner for Northamptonshire.

(1)

2004 c. 36; there are amendments to section 2 and Schedule 1 which are not relevant to this Order.

(2)

The Fire and Rescue National Framework is prepared by the Secretary of State under section 21 of the Fire and Rescue Services Act 2004. The Framework is available at https://www.gov.uk/government/publications/fire-and-rescue-national-framework-for-england. A hard copy can be obtained by writing to the Fire Strategy and Reform Unit, Home Office, 2 Marsham Street, London, SW11 4DF.

(3)

Section 4C was inserted by section 6 of, and paragraphs 1 and 5 of Schedule 1 to, the Policing and Crime Act 2017 (c. 3).