The Police, Fire and Crime Commissioner for Cumbria (Fire and Rescue Authority) Order 2022

Functions to be exercised only by the Authority

5.—(1) The Authority may not make arrangements under article 4(1) for the delegation of the following functions—

(a) calculating a council tax requirement (see section 42A of the Local Government Finance Act 1992(1));

(b) approving the fire and rescue plan and the fire and rescue statement;

(c) approving the integrated risk management plan;

(d) appointing, suspending or dismissing the chief fire officer;

(e) holding the chief fire officer to account in accordance with article 9;

(f) approving a pay policy statement prepared for the purpose of section 38 of the Localism Act 2011 (pay policy statements);

(g) approving arrangements to enter into a reinforcement scheme under section 13 of the 2004 Act (reinforcement schemes);

(h) approving arrangements with other employers of fire-fighters under section 15 of the 2004 Act (arrangements with other employers of fire-fighters);

(i) approving arrangements under section 16 of the 2004 Act (arrangements for discharge of functions by others);

(j) approving plans, modifications to plans and additions to plans for the purpose of ensuring that—

(i) as far as reasonably practicable, the Authority is able to perform its fire and rescue functions if an emergency occurs, and

(ii) the Authority is able to perform its functions so far as is necessary or desirable for the purpose of preventing an emergency or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it;

(k) approving any arrangements for the co-operation of the Authority in relation to its fire and rescue functions with other Category 1 responders and Category 2 responders in respect of—

(i) the performance of the Authority’s duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise);

(ii) any duties under subordinate legislation made in exercise of powers under that Act.

(2) In sub-paragraph (j) “emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 (meaning of “emergency”)(2).

(3) In sub-paragraph (k) “Category 1 responder” and “Category 2 responder” have the meanings given in section 3 of the Civil Contingencies Act 2004 (section 2: supplemental)(3).

(1)

1992 c. 14. Section 42A was inserted by the Localism Act 2011 (c. 20), section 75 and amended by S.I. 2014/389.

(2)

There are amendments to section 1 not relevant to this instrument.

(3)

Section 3 was amended by S.I. 2018/644.