Amendments to the Fire and Rescue Services Act 200410

1

The Fire and Rescue Services Act 200420 is amended as follows.

2

In section 24 (best value)21 after subsection (2) insert—

2A

When carrying out an inspection under section 10 of the Local Government Act 1999 as applied by subsection (1) of a fire and rescue authority created by an order under section 4A, an inspector must not review or scrutinise decisions made, or other action taken, by the fire and rescue authority in connection with the discharge of an excluded function.

2B

In subsection (2A) “excluded function”, in relation to a fire and rescue authority, means a function which is an excluded function in relation to that authority for the purposes of subsection (A6) of section 28 (inspections by English inspectors) (see subsections (A7) and (A8) of that section).

3

After section 34(2)(b)(pensions etc)22 insert—

ba

provide for treating, for any purpose of the scheme, to the extent specified in the scheme and subject to any conditions specified in the scheme, holding office as the London Fire Commissioner as if it were employment by a fire and rescue authority in England where the terms and conditions of appointment to that office include—

i

resolving operational incidents, or

ii

leading and supporting others in the resolution of operational incidents;