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PART 10Fire and rescue functions

Members of fire committee

44.—(1) The Mayor is to appoint one member of the fire committee on the nomination of each constituent council.

(2) The constituent council is to nominate a person to be a member of the fire committee from amongst that council’s constituent members.

(3) Where the Mayor decides not to appoint a person under paragraph (1) who has been nominated by a constituent council, that council may nominate a further person from that council’s elected members.

(4) The Mayor may appoint a maximum of five further members of the fire committee from the elected members of one or more of the constituent councils.

(5) The Mayor and the constituent councils must, when appointing or nominating members to the fire committee, ensure that the members of the fire committee taken as a whole reflect so far as reasonably practicable the balance of the political parties for the time being prevailing among the constituent councils when taken together.

(6) The Mayor must appoint one of the members of the fire committee to serve as the chair of the committee.

(7) A member of the fire committee ceases to be a member of that committee if that person ceases to be a member of the constituent council of which that person had been a member at the time of their appointment to the Committee.

(8) A member of the fire committee may resign as a member of the fire committee by written notice served on the proper officer of the constituent council which that person had been a member of at the time of their appointment to the committee and the resignation is to take effect on receipt of the notice by the proper officer.

(9) The Mayor may at any time terminate the appointment of a member of the fire committee who has not attended a meeting of the fire committee during a period of six consecutive months beginning with the date of that member’s last attendance.

(10) Where a person ceases to be a member of the fire committee by virtue of paragraph (7), (8) or (9)—

(a)where paragraph (1) applied to that person, the constituent council that nominated the member must as soon as practicable give written notice to the Mayor and nominate another person from that council’s elected members;

(b)the Mayor must appoint another person to be a member of the fire committee.

(11) Where an elected member of the constituent council is appointed by the Mayor to be a member of the fire committee, that constituent council may, in accordance with its own scheme of allowances, pay a special responsibility allowance to that member and also a travelling and subsistence allowance.

(12) In this article—

special responsibility allowance” and “travelling subsistence allowance” have the same meaning as in the Local Authorities (Members’ Allowances) (England) Regulations 2003(1).

(1)

S.I. 2003/1021, to which there are amendments not relevant to this instrument.