The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018

Statutory Instruments

2018 No. 269

Fire And Rescue Services, England

London Government

The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018

Made

27th February 2018

Laid before Parliament

28th February 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 26(1), (2)(ab) and (5) of the Fire Services Act 1947(1), section 34(1), (2)(ab), (2)(m) and (4) of the Fire and Rescue Services Act 2004(2), sections 1(1), 3(1) and (2)(b) and 25(3) and (8) of the Public Services Pensions Act 2013(3) and section 180(1) and (3)(b) of the Policing and Crime Act 2017(4).

In accordance with section 34(5) of the Fire and Rescue Services Act 2004, the Secretary of State has consulted such persons as the Secretary of State considers appropriate.

In accordance with section 21 of the Public Service Pensions Act 2013, the Secretary of State has consulted the representatives of such persons as appear to the Secretary of State to be likely to be affected by these Regulations.

In accordance with section 3(5) of the Public Service Pensions Act 2013, these Regulations are made with the consent of the Treasury.

Citation, commencement and application

1.—(1) These Regulations may be cited as the London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018.

(2) Subject to paragraph (3), these regulations come into force on 1st April 2018.

(3) Regulation 2 and paragraphs 3, 4, 10, 11 and 16 of the Schedule come into force on 22nd March 2018.

(4) These Regulations apply in relation to England only.

Amendments relating to the London Fire Commissioner

2.  The Schedule has effect.

Amendment of Local Government Officers (Political Restrictions) Regulations 1990

3.—(1) The Local Government Officers (Political Restrictions) Regulations 1990(5) are amended as follows.

(2) In regulation 3(3) (terms of appointment and conditions of employment)(6) after “Paragraphs” insert “, 1(c)”.

We consent

Rebecca Harris

Andrew Stephenson

Two of the Lords Commissioners of Her Majesty’s Treasury

27th February 2018

Nick Hurd

Minister of State for Policing and the Fire Service

Home Office

27th February 2018

Regulation 2

SCHEDULE Amendments relating to the London Fire Commissioner

Amendment of the Local Authority (Stocks and Bonds) Regulations 1974

1.—(1) The Local Authority (Stocks and Bonds) Regulations 1974(7) are amended as follows.

(2) In regulation 1(3) (title, commencement and interpretation)(8) in the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Amendment of the Local Government Reorganisation (Preservation of Right to Buy) Order 1986

2.—(1) The Local Government Reorganisation (Preservation of Right to Buy) Order 1986(9) is amended as follows.

(2) In the definition of “successor authority” in article 2 (interpretation)(10) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Amendment of the Local Government Officers (Political Restrictions) Regulations 1990

3.—(1) The Local Government Officers (Political Restrictions) Regulations 1990(11) are amended as follows.

(2) In regulation 2 (interpretation)(12) after the definition of “the Act”, insert—

““Deputy Mayor for Fire” means a person appointed under section 67(1)(b) of the Greater London Authority Act 1999(13) as the Deputy Mayor for Fire, or appointed under that section and designated as the Deputy Mayor for Fire;”.

(3) In regulation 3 (terms of appointment and conditions of employment)(14)—

(a) in paragraph (1) for “Subject to paragraphs (3) and (4)” substitute “Subject to paragraphs (3), (4) and (5)”, and

(b) after paragraph (4) insert—

“(5) Paragraphs 1(c) and 4, 5, 6, 7 and 8 of the Schedule do not apply where the appointee is the Deputy Mayor for Fire.”.

Amendment of the Firemen’s Pension Scheme Order 1992

4.—(1) Schedule 2 to the Firemen’s Pension Scheme Order 1992(15) is amended as follows.

(2) After rule A3 (exclusive application to regular firefighters) insert—

“Extension of scheme

A3A.— (1) This rule applies where a person holds office as the London Fire Commissioner and the terms and conditions of appointment to that office include—

(a) resolving operational incidents, or

(b) leading and supporting others in the resolution of operational incidents.

(2) Where this rule applies—

(a) holding office as the London Fire Commissioner shall be treated for the purposes of this Scheme as employment by the London Fire Commissioner; and

(b) this Scheme applies in relation to a person holding office as the London Fire Commissioner in the same way as it applies to a regular firefighter.”.

Amendment of the Pipelines Safety Regulations 1996

5.—(1) The Pipelines Safety Regulations 1996(16) are amended as follows.

(2) In regulation 2(1) (interpretation)(17) in the definition of “local authority” in paragraph (a) for “London Fire and Civil Defence Authority” substitute “London Fire Commissioner”.

Amendment of the Radiation (Emergency Preparedness and Public Information) Regulations 2001

6.—(1) The Radiation (Emergency Preparedness and Public Information) Regulations 2001(18) are amended as follows.

(2) In regulation 2(1) (interpretation) in the definition of “local authority” in paragraphs (a)(i) and (b)(i) for “London Fire and Emergency Planning Authority” substitute “London Fire Commissioner”.

Amendment of the Local Authorities (Members’ Allowances) (England) Regulations 2003

7.—(1) The Local Authorities (Members’ Allowances) (England) Regulations 2003(19) are amended as follows.

(2) In regulation 3(1) (application of these Regulations) omit sub-paragraph (g).

(3) In regulation 34(4) (disapplication) omit sub-paragraph (g).

Amendment of the Greater London Authority Elections (Election Addresses) Order 2003

8.—(1) The Greater London Authority Elections (Election Addresses) Order 2003(20) is amended as follows.

(2) In article 9(3)(d)(i) (distribution of election booklets)(21) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Amendment of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005

9.—(1) The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005(22) are amended as follows.

(2) In regulation 55(23)—

(a) for the heading substitute “Role of the London Fire Commissioner”;

(b) in paragraph (1) for “London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

(3) In regulation 56 (Role of other Category 1 responders in London)—

(a) for “the London Fire and Emergency Planning Authority” in both places where it occurs substitute “the London Fire Commissioner”;

(b) for “by that Authority of its functions” substitute “by the Commissioner of the Commissioner’s functions”.

Amendment of the Firefighters’ Compensation Scheme (England) Order 2006

10.—(1) Schedule 1 to the Firefighters’ Compensation Scheme (England) Order 2006(24) is amended as follows.

(2) In Part 1 (general provisions), rule 2 (interpretation)—

(a) in paragraph (1)—

(i) for the definition of “normal pension age” substitute—

““normal pension age” in relation to—

(a) employees of a fire and rescue authority appointed on terms under which they are or may be required to engage in firefighting; and

(b) a person who holds office as the London Fire Commissioner 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,

means—

(a) 55 in relation to the 1992 Scheme; and

(b) 60 in relation to the 2006 Scheme and the 2015 Scheme;”;

(ii) for the definition of “regular firefighter” substitute—

““regular firefighter” means—

(a) a person who is employed—

(i) by a fire and rescue authority as a firefighter (whether whole-time or part-time), other than as a retained or volunteer firefighter; and

(ii) on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting) and whose employment is not temporary;

(b) a person who holds office as the London Fire Commissioner 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;”; and

(b) after paragraph (2) insert—

“(3) Where a person who holds office as the London Fire Commissioner is a regular firefighter—

(a) holding office as the London Fire Commissioner shall be treated for the purposes of this Scheme as employment by the London Fire Commissioner; and

(b) this Scheme applies in relation to that person in the same way as it applies to a regular firefighter who is employed by a fire and rescue authority.”.

(3) In Part 3 (awards on death: spouses and civil partners)(25), in rule 2(5) (augmented award for spouse or civil partner), for “London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Amendment of the Firefighters’ Pension Scheme (England) Order 2006

11.—(1) Part 2 of Schedule 1 to the Firefighters Pension Scheme (England) Order 2006(26) is amended as follows.

(2) After rule 1(1) (scheme membership) insert—

“(1A) Subject to paragraph (2), a person who holds office as the London Fire Commissioner is to be treated as a firefighter member of this Scheme where the terms and conditions of appointment to that office include—

(a) resolving operational incidents, or

(b) leading and supporting others in the resolution of operational incidents.

(1B) Where a person is treated as a firefighter member of this Scheme under paragraph (1A)—

(a) holding office as the London Fire Commissioner shall be treated for the purposes of this Scheme as employment by the London Fire Commissioner; and

(b) this Scheme shall apply in relation to that person in the same way as it applies to a firefighter member with the modification set out in paragraph (1C).

(1C) In relation to a person who falls within paragraph (1A), Part 3 of this Scheme (personal awards) is to be read as if rule 6 (pension on authority-initiated early retirement) were omitted.”.

(3) In rule 1(2)—

(a) after “firefighter member” the first time it appears insert “, or treated as a firefighter member under paragraph (1A),”;

(b) after “become” insert “such”.

Amendment of the Local Government (Best Value Authorities) (Power to Trade) (England) 2009

12.—(1) The Local Government (Best Value Authorities) (Power to Trade) (England) Order 2009(27) is amended as follows.

(2) In article 1(2) (application of order to best value authorities) for sub-paragraph (d) substitute—

“(d) the London Fire Commissioner”.

Amendment of the Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012

13.—(1) The Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012(28) are amended as follows.

(2) In regulation 3 (relevant authorities) for sub-paragraph (b) substitute—

“(b) the London Fire Commissioner”.

Modification and amendment of the Local Government Pension Scheme Regulations 2013

14.—(1) The Local Government Pension Scheme Regulations 2013(29) are modified in accordance with sub-paragraph (2) and amended in accordance with sub-paragraph (3).

(2) Regulation 64 (special circumstances where revised actuarial valuations and certificates must be obtained)(30) is to be read as if after paragraph (8) there were inserted—

“(8A) Paragraph (8B) applies where the exiting employer is the London Fire and Emergency Planning Authority and the liabilities of the fund in respect of benefits due to the London Fire and Emergency Planning Authority’s current and former employees (or those of any predecessor authority) have been or are to be transferred to the London Fire Commissioner under a transfer scheme made under section 10 of the Policing and Crime Act 2017.

(8B) Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.”.

(3) In the table in paragraph 4 of Part 2 of the Schedule 3 (pension funds)(31) after “An employee of the Greater London Authority” insert “An employee of the London Fire Commissioner”.

Amendment of the Openness of Local Government Bodies Regulations 2014

15.—(1) The Openness of Local Government Bodies Regulations 2014(32) are amended as follows.

(2) In regulation 6 (interpretation of Part 3), in paragraph (f) of the definition of “relevant local government body” for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Amendment of the Firefighters’ Pension Scheme (England) Regulations 2014

16.—(1) The Firefighters’ Pension Scheme (England) Regulations 2014(33) are amended as follows.

(2) For regulation 2(1) (establishment of firefighters’ pension scheme 2015), substitute—

“(1) These Regulations establish a scheme for the payment of pensions and other benefits to or in respect of—

(a) fire and rescue workers who are firefighters in England; and

(b) persons to whom this scheme may potentially relate by virtue of paragraph (1A) and in respect of whom the Secretary of State makes a determination under section 25(5) of the 2013 Act.

(1A) This scheme may potentially relate to a person who holds office as the London Fire Commissioner where the terms and conditions of their appointment to that office include—

(a) resolving operational incidents; or

(b) leading and supporting others in the resolution of operational incidents.

(1B) The Secretary of State may by direction modify the provisions of this Scheme in their application to those persons to which paragraph (1)(b) applies for the purposes of—

(a) securing appropriate protection against additional costs to the Scheme that might result from the application of this Scheme to those persons,

(b) obtaining information about those persons, their employers and other relevant persons, or

(c) taking appropriate account of—

(i) the arrangements under which those persons are employed, and

(ii) the organisational structures of their employers.”.

(3) For regulation 6(1), substitute—

“(1) For the purposes of these Regulations, a person is in scheme employment if

(a) that person—

(i) is employed as a firefighter by an authority; or

(ii) is a person to whom this scheme relates by virtue of a determination under section 25(5) of the 2013 Act; and

(b) that person satisfies the requirements in paragraph (2) or paragraph (3).”.

Amendment of the Local Audit (Auditor Panel) Regulations 2014

17.—(1) The Local Audit (Auditor Panel) Regulations 2014(34) are amended as follows.

(2) In regulation 8(4) (application of local authority enactments to auditor panels: disqualification) omit sub-paragraph (f).

(3) In the definition of “political balance authority” in regulation 10(4) (application of local authority enactments to auditor panels: political balance) omit sub-paragraph (e).

Amendment of the Control of Major Accident Hazards Regulations 2015

18.—(1) The Control of Major Accident Hazards Regulations 2015(35) are amended as follows.

(2) In regulation 2(1) (interpretation), in paragraph (b)(i) of the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Amendment of the Trade Union (Facility Time Publication Requirements) Regulations 2017

19.—(1) The Trade Union (Facility Time Publication Requirements) Regulations 2017(36) are amended as follows.

(2) For paragraph 12 of Part 1 (local authorities) of Schedule 1 (public authorities) substitute—

“12.   The London Fire Commissioner.”.

Amendment of the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017

20.—(1) The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017(37) are amended as follows.

(2) In Schedule 2 (public authorities required to publish information) for “The London Fire and Emergency Planning Authority” substitute “The London Fire Commissioner”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make various amendments consequential on the Policing and Crime Act 2017 (c. 3) (“PCA 2017”) and on the commencement of the provisions in chapter 3 of that Act establishing the London Fire Commissioner.

Paragraph 4 of the Schedule amends the Firefighters’ Pension Scheme 1992 (set out in Schedule 2 to the Firefighters’ Pension Scheme Order 1992 (S.I 1992/129)) as it has effect in England. Paragraph 11 amends the New Firefighters’ Pension Scheme (England) (set out in Schedule 1 to the Firefighters’ Pension Scheme (England) Order 2006 (S.I 2006/3432)). Paragraph 16 amends the Firefighters’ Pension Scheme (England) Regulations 2014 (S.I. 2014/2848). Paragraph 10 amends the Firefighters’ Compensation Scheme (England) Order 2006 (S.I 2006/1811) Schedule 1 of which sets out the Firefighters’ Compensation Scheme (England) 2006.

The purpose of the amendments is to enable a person who is appointed to the office of the London Fire Commissioner as an operational role to have access to the arrangements for firefighter pensions and compensation on the same basis as any other operational firefighter.

Regulation 3 amends the political restrictions which are applied to the person appointed by the Mayor as the Deputy Mayor for Policing and Crime. This amendment is consequential on the amendment made to the Local Government and Housing Act 1989 (c. 42) by section 123 of the PCA 2017. Paragraph 3 of the Schedule amends the political restrictions which are applied to the person appointed by the Mayor, or designated by the Mayor, as the Deputy Mayor for Fire. This amendment is consequential on the amendment made to section 68 of the Greater London Authority Act 1999 (c. 29) by paragraph 8 of Schedule 2 to the PCA 2017.

Paragraphs 1, 2, 5, 6, 8, 9, 12, 13, 15, 18, 19 and 20 of the Schedule amend other regulations or orders so that these apply to the London Fire Commissioner.

Paragraph 14 makes a consequential modification and amendment to the Local Government Pension Scheme Regulations 2013 (S.I. 2013/2356).

Regulations 7 and 17 make consequential amendments removing the reference to the “London Fire and Emergency Planning Authority” from regulations which apply to certain local authorities which have members.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1947 c. 41; repealed by sections 52 and 54 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c. 21). Subsections (1), (2) and (5) of section 26 continue to have effect for the purposes of the Firefighters’ Pension Scheme, in relation to England and Scotland by virtue of S.I. 2004/2306 and in relation to Wales by virtue of S.I. 2004/2918. The name of the scheme was changed to the Firefighters’ Pension Scheme by S.I. 2004/2306. Section 26(1) of the Fire Services Act 1947 was amended by section 256 of, and Schedule 25 to, the Civil Partnership Act 2004 (c. 33) and S.I. 2004/2306. Section 26(2)(ab) was inserted by S.I. 2018/226. The Secretary of State’s functions under section 26 of the Fire Services Act 1947, in so far as they were exercisable in relation to Scotland, were devolved to the Scottish Ministers by section 63 of the Scotland Act 1998 (c. 46) and article 2 of, and Schedule 1 to S.I. 1999/1750 . The Secretary of State’s functions under section 26 are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(2)

2004 c. 21; the powers conferred by section 34 of the Fire and Rescue Services Act 2004 are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously vested in the National Assembly for Wales by virtue of section 62 of that Act. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32), they were transferred to the Welsh Ministers. Powers under section 34 of the Fire and Rescue Services Act 2004 are now vested in the Scottish Ministers so far as they are exercisable in relation to Scotland (S.I. 2005/849). Section 34(2)(ab) was inserted by S.I. 2018/226.

(3)

2013 c. 25.

(4)

2017 c. 3.

(5)

S.I. 1990/851; the definition of “Deputy Mayor for Policing and Crime” in regulation 2 was inserted by regulation 2(1), (2) of S.I. 2012/1772.

(6)

Paragraph (1) of regulation 3 was amended, and paragraph (3) was inserted by, regulation 2(1) and (3)(b) of S.I. 2012/1772.

(7)

S.I. 1974/519.

(8)

The definition of “local authority” was substituted by regulations 2 and 3 of S.I. 1986/345; the words “the London Fire and Emergency Planning Authority” were inserted by article 2 of, and paragraph 1 of the Schedule to, S.I. 2000/1553. There are other amendments which are not relevant to these Regulations.

(9)

S.I. 1986/2092.

(10)

The words “the London Fire and Emergency Planning Authority” were inserted by article 2 of, and paragraph 2 of the Schedule to, S.I. 2000/1553.

(11)

S.I. 1990/851.

(12)

Regulation 2 was amended by regulation 2(1) and (2) of S.I. 2012/1772.

(13)

1999 c. 29. Section 67(1)(b) was amended by section 9(3)(a) and (b) of, and paragraphs 1 and 7 of Schedule 2 to, the Policing and Crime Act 2017.

(14)

Regulation 3 was amended by regulation 2(1), (3)(a) and (3)(b) of S.I. 2012/1772, and by article 29 of, and paragraph 1(1), (2)(a) and (2)(b) of Schedule 2 to, S.I. 2017/863.

(15)

S.I. 1992/129; to which there are amendments not relevant to these Regulations.

(16)

S.I. 1996/825.

(17)

In paragraph (a) of the definition of “local authority” the words “London Fire and Civil Defence Authority” were to be construed by virtue of section 328(7) of the Greater London Authority Act 1999 as referring to “London Fire and Emergency Planning Authority”. There is an amendment to regulation 2(1) which is not relevant.

(18)

S.I. 2001/2975; to which there are amendments not relevant to these Regulations.

(19)

S.I. 2003/1021; to which there are amendments not relevant to these Regulations.

(20)

S.I. 2003/1907.

(21)

The words “the London Development Agency” were omitted from sub-paragraph (d)(i) by article 8(2) of, and Schedule 2 to, S.I. 2012/666. There are other amendments to this Order which are not relevant to these Regulations.

(22)

S.I. 2005/2042.

(23)

Sub-paragraph 1(a) was omitted by regulations 4 and 6(1) and (2) of S.I. 2011/615. There are other amendments which are not relevant to these Regulations.

(24)

S.I. 2006/1811; to which there are amendments not relevant to these Regulations.

(25)

The words “regular or retained” were substituted by paragraph 3(1) and (2) of the Schedule to S.I. 2014/447. There are other amendments to the Order which are not relevant to these Regulations.

(26)

S.I. 2006/3432; to which there are amendments which are not relevant to these Regulations.

(27)

S.I. 2009/2393.

(28)

S.I. 2012/1647; to which there are amendments not relevant to these Regulations.

(29)

S.I. 2013/2356.

(30)

Sub-paragraph (1) was substituted by regulations 2 and 22(a) of S.I. 2015/755, and sub-paragraphs (2A), (2B) and (2C) were inserted by regulations 2 and 22(b) of S.I. 2015/755. There are other amendments which are not relevant to these Regulations.

(31)

There have been amendments to the table which are not relevant to these Regulations.

(32)

S.I. 2014/2095.

(33)

S.I. 2014/2848; to which there are amendments which are not relevant to these Regulations.

(34)

S.I. 2014/3224.

(35)

S.I. 2015/483; to which there are amendments not relevant to these Regulations.

(36)

S.I. 2017/328; there is an amendment to the Regulations which is not relevant to these Regulations.

(37)

S.I. 2017/353; there is an amendment to Schedule 2 which is not relevant to these Regulations.