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Fire and Rescue Services Act 2004

Type Public General Act
Publication 2004-07-22
Last updated 2024-06-25
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

[^key-62002fb76b9d9d66471710af724fc08e]: Ss. 18A-18C inserted (18.2.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20) ss. 10(2), 240(4)(f) (with s. 10(5)); S.I. 2012/411, art. 2(d); S.I. 2012/887, art. 2(f)

[^key-15a6e386a7de5eb434a59621bd49f8b0]: S. 19 repealed (18.2.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 10(3), 240(4)(f), Sch. 25 Pt. 2 (with s. 10(5)); S.I. 2012/411, art. 2(d)(f); S.I. 2012/887, art. 2(f)(h)

[^key-76e04e4691dd5c97dd9590e0ae1df58e]: S. 60(6)(7) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 9(6), 240(4)(c); S.I. 2012/887, art. 2(c)

[^key-6cab4731eb16f47dbf0c1cf4bb3943f7]: Words in s. 60(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 9(3), 240(4)(c); S.I. 2012/887, art. 2(c)

[^key-94eac3faffa97ab14536c4937b90a21d]: S. 62(1B) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 10(4), 240(4)(f); S.I. 2012/887, art. 2(g)

[^key-01a5e2a3970230ea5f3c79c79e94f50f]: Word in s. 62(1)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 9(7)(a), 240(4)(c); S.I. 2012/887, art. 2(c)

[^key-5ea920a802c891a89cb93eaa94a91e16]: S. 62(3) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 9(7)(c), 240(4)(c), Sch. 25 Pt. 2; S.I. 2012/887, art. 2(c)(h)

[^key-727bc367e4df639f9eb247d985b93420]: S. 44 applied (with modifications) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 17(2)

[^key-ccc0044537dc79e7532506532e820288]: S. 45 applied (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 17(3)

[^key-f1697b166a3dbfb007c54cf3120faf4b]: S. 46 applied (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 17(3)

[^key-d096790ee90a6eedb5320d900dcc1792]: S. 34(10) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 7(2); Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 66(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-6173353e936ab03bf3689e32ffa299cf]: Definition in s. 35(6) added (E.W.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 7(3); (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 66(3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-3431069b24020a2dd1ede0752b524109]: Words in s. 35(2)(a) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 102 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

[^key-3e400c0011ef491cd5b0fb30487997d8]: S. 34(1A) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 27 (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(l)

[^key-fbbf6048ae293703694b7346c9ee5eb1]: Words in s. 5B(3)(b) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 86 (with Sch. 5)

[^key-c9623d897b32f10488fd1c4fd023aa60]: Sch. 1 para. 19 repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 7 (with Sch. 5)

[^key-05a595756488f3d04c288a71f4dc385d]: Sch. 1 para. 88 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8 Sch.)

[^key-61fdff67b09f2145c6450775e009c8d4]: Sch. 1 para. 102 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 123(b); S.I. 2015/841, art. 3(x)

[^key-605af43431d6b14dfe6c53457603cd81]: S. 2(6A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(l), Sch. 22 para. 16(2)

[^key-bb4e801ffd32a0eead8ee9cb65ee41c8]: S. 4(5A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(l), Sch. 22 para. 16(3)

[^M_I_291a2256-61db-4517-9948-28044447815a]: S. 4 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

[^M_I_0e0fb36e-c6e3-4167-d948-280fee6e641b]: S. 4 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

[^key-edd091749b38921f42953400c93ab1b6]: Sch. A3 inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 3

[^key-75408863bba18809788eaa6bc33e6bc3]: Words in s. 1(2)(c) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 111; S.I. 2018/227, reg. 4(c)

[^key-93eac277f6483129542577a856aa7ae2]: S. 5A(3)(b) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 112; S.I. 2018/227, reg. 4(c)

[^key-4530019f3b625fa0afff65659452b3ab]: S. 5B(5A)(5B) inserted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 113; S.I. 2018/227, reg. 4(c)

[^key-c53b7a80ded148402076dce6dce55e6b]: Words in s. 3(3)(a) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 7(11), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 3

[^key-0257646f532b029a53798373f5e1242a]: S. 3(6)-(9) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 7(12), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 3

[^key-95027c5c93d1f4302dbd1ab7e539ea64]: S. 1 crossheading inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 2; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-1c4efd644dec689ace969ce674bcb701]: Words in s. 1(4) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 3; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-1e3ae07aa0af7cede7894b014621b50f]: S. 2 crossheading inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 4; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-f455a5ec8458ad32a969552ec2e67dd3]: S. 4A-4M and crossheading inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 5; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-54456e061f9a45ee36adb07f17a4b6d3]: S. 5A crossheading inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 6; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-998c58cd3eb48f1e6b9bd0b5998f9fb1]: Word in s. 5A(3)(c) omitted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 7(a); S.I. 2017/399, reg. 2, Sch. para. 38

[^key-bcde7c10bcf62db6482c8607d187e790]: S. 5A(3)(e) and word inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 7(b); S.I. 2017/399, reg. 2, Sch. para. 38

[^key-db28f1556b3340c07a0df8754bb2c5c6]: S. 5M and crossheading inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 8; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-66a519a22a17f5b44549617cebcca95a]: S. 21(2A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 9; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-86731ad2495eedd36767fe02f034c74c]: S. 25A and crossheading inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 10; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-8ff3208a4d05a390ef5ff1faf8080242]: S. 34(11)(12) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 11; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-ffaf15e4d8a2abb5733c59e312789184]: S. 37 substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 12; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-5d31bf966cb0f9c2744e89291c34c2e4]: Sch. A1, Sch. A2 inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-aa72d15e8792edff20fafad118e7d109]: S. 3(7)(9) excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 20(a)

[^key-29847e52b0ee8ea06452df6bba33b2b0]: S. 4A excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 20(b)

[^key-8fb83c3af522a500866e77be45f263b0]: Sch. A1 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 20(c)

[^key-a2e1b26982976090fc05670af06689d4]: Sch. A2 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 20(c)

[^key-6718883ca6378e1b17c63b853d3e5b61]: S. 4A applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017 (S.I. 2017/469), art. 1(3), Sch. para. 6(2)

[^M_C_479afb58-3545-47be-b06d-451c72c9db07]: S. 4B(1) applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017 (S.I. 2017/469), art. 1(3), Sch. para. 6(3)

[^key-e4b84b294c3f10a0c8d95c947d925671]: Word in s. 34(11)(a) omitted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 8(8)(a), 183(1)(5)(e); S.I. 2017/726, reg. 2(a)

[^key-4431cb0fc3c5777343f6fa65f12bcb46]: S. 34(11)(c)(d) inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 8(8)(b), 183(1)(5)(e); S.I. 2017/726, reg. 2(a)

[^key-078a74302fb7c56eea100ee330788b1a]: Words in s. 37(3) inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 8(9)(a), 183(1)(5)(e); S.I. 2017/726, reg. 2(a)

[^key-693e126b4dc95bacdbde21094a563257]: S. 37(3)(b) and word inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 8(9)(b), 183(1)(5)(e); S.I. 2017/726, reg. 2(a)

[^key-d2da5202885c8c07010f841bd0e6bc04]: S. 28(A1)-(A9) inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 11(2), 183(1), (5)(e); S.I. 2017/726, reg. 2(b)

[^key-07db5e51801cd5600b1d32b3437f6da1]: Words in s. 28(1)(a) inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 11(3), 183(1), (5)(e); S.I. 2017/726, reg. 2(b) (with reg. 4)

[^key-4e469017d79001463961fff46a7a2226]: S. 28A inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 11(4), 183(1)(5)(e); S.I. 2017/726, reg. 2(b)

[^key-a8d0424e432f382fb4a5be046d6829cc]: S. 28B inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 11(5), 183(1)(5)(e); S.I. 2017/726, reg. 2(b)

[^key-4ef65d581299607d1f059689e04b3449]: Sch. A2 para. 8(2)(da) inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 11(6), 183(1)(5)(e); S.I. 2017/726, reg. 2(b)

[^key-3e8ef733185711a5ce52e15bf35ffe4c]: Sch. 1 para. 15 repealed (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 33(4)(e), 46(1) (with s. 33(5)); S.I. 2017/936, reg. 3(c)

[^key-483af5b1209d1bf505373065d1eb174e]: Words in s. 4K(5)(b) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 67; S.I. 2017/1249, reg. 2 (with reg. 3)

[^key-a8ed1b05771e8bb0598522bf4dcf1c81]: S. 24(2A)(2B) inserted (22.2.2018) by The Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018 (S.I. 2018/226), regs. 1, 10(2)

[^key-e966ea86b5a0a68f723819c9efd9cb36]: S. 34(2)(ba) inserted (22.2.2018) by The Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018 (S.I. 2018/226), regs. 1, 10(3)

[^key-d686014ca58f0e7b621957238fbfa1f7]: S. 28 applied (with modifications) by S.I. 2017/469, Sch. 1 para. 3 (as inserted (26.6.2020) by The Greater Manchester Combined Authority (Fire and Rescue Functions) (Amendment) Order 2020 (S.I. 2020/641), arts. 1, 9)

[^key-c582650bec236533d7dc1366ab2ad0bf]: Words in s. 2(9)(c) inserted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(2)(b)(iii), 175(1)(i)

[^key-47cb1ac49974a621a14fdb7bda085373]: Words in s. 2(10) inserted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(2)(c), 175(1)(i)

[^key-2b0d93359f4458eb9704e1eba0fd6e39]: S. 21A inserted (E.W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 167(2), 175(3)(s)

[^key-58b91e73e027203a77e07351f8aa66fc]: Words in s. 2(8) omitted (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(2)(a)(i), 175(3)(r)

[^key-651ab73620b7bb4dbdb084b0c99c14e5]: Words in s. 2(8)(a) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(2)(a)(ii), 175(3)(r)

[^key-b581f40fac169f824de8d6d34da4cb8c]: Word in s. 2(8)(a) omitted (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(2)(a)(iii), 175(3)(r)

[^key-ce87795851b17233597026a29cfefc0d]: S. 2(8)(b) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(2)(a)(iv), 175(3)(r)

[^key-9332a5a57149b205d77cf7531bfd65df]: S. 2(8)(c) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(2)(a)(v), 175(3)(r)

[^key-0ccd61fd8c5f78eba61884200a4b49dd]: Words in s. 2(9)(b) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(2)(b)(i), 175(3)(r)

[^key-e37c17dcb1553a2a57463464a16736cd]: Word in s. 2(9)(c) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(2)(b)(ii), 175(3)(r)

[^key-f9124987788303ea53ba14143bb2f54f]: Word in s. 2(9)(d) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(2)(b)(iv), 175(3)(r)

[^key-0666d877b47ebb55ab305401f0a8e0b4]: S. 60(6)(ca) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 167(3), 175(3)(s)

[^M_F_58989a6a-e600-466d-85d2-139d332fd862]: S. 4(6)(a)(b) substituted for words in s. 4(6) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(3)(a), 175(3)(r)

[^M_F_fabd7e32-1b6c-4798-858e-25267202c3df]: Words in s. 4(7)(b) inserted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(3)(b), 175(1)(i)

[^key-c42a5fdf14321403582ff368e8dab560]: Words in s. 34(9) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

[^key-ae2e40133671c7572c2ce675b37c68e7]: Words in s. 34(7)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

[^key-0dbffbb92c890264986e4891bd0bbf48]: Words in s. 34(9) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

[^key-7fb1d5ad3e3c0e52c4072e8fa284b313]: S. 28 modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 46(2), Sch. 7 para. 6(4)

[^key-f242ecf8df68d855c0253d02f46787b1]: S. 4A modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 46(2), Sch. 7 para. 6(2)

[^key-d23e190c511e9d0bcff47df56cc5007f]: S. 4B modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 46(2), Sch. 7 para. 6(3)

[^key-4f65a9ed8eef17676c9f941cd94ba73c]: S. 1(5) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 157 (with s. 247)

[^key-d770515fc45b550c85e158fe13c041d6]: Words in s. 2(9)(c) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), s. 25(1)(a), Sch. 1 para. 3(2)(a)

[^key-ffc998da1b88fe9524eb5707938ee126]: Words in s. 2(10)(a) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), s. 25(1)(a), Sch. 1 para. 3(2)(b)

[^key-ce0c9a06c17a49c511140452d2158c02]: Words in s. 4(7)(b) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), s. 25(1)(a), Sch. 1 para. 3(3)

Power to make provision supplemental to section 5A

Short title

Power to create combined fire and rescue authorities

5A
  • (1) A relevant fire and rescue authority may do—
  • (a) anything it considers appropriate for the purposes of the carrying-out of any of its functions (its “functional purposes”),
  • (b) anything it considers appropriate for purposes incidental to its functional purposes,
  • (c) anything it considers appropriate for purposes indirectly incidental to its functional purposes through any number of removes,
  • (d) anything it considers to be connected with—
  • (i) any of its functions, or
  • (ii) anything it may do under paragraph (a), (b) or (c), and
  • (e) for a commercial purpose anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.
  • (2) A relevant fire and rescue authority's power under subsection (1) is in addition to, and is not limited by, the other powers of the authority.
  • (3) In this section “ relevant fire and rescue authority ” means a fire and rescue authority that is—
  • (a) a metropolitan county fire and rescue authority,
  • (b) the London Fire Commissioner,
  • (c) constituted by a scheme under section 2, ...
  • (d) constituted by a scheme to which section 4 applies , or
  • (e) created by an order under section 4A.
5B
  • (1) Section 5A(1) does not enable a relevant fire and rescue authority to do—
  • (a) anything which the authority is unable to do by virtue of a pre-commencement limitation, or
  • (b) anything which the authority is unable to do by virtue of a post-commencement limitation which is expressed to apply—
  • (i) to its power under section 5A(1),
  • (ii) to all of the authority's powers, or
  • (iii) to all of the authority's powers but with exceptions that do not include its power under section 5A(1).
  • (2) If exercise of a pre-commencement power of a relevant fire and rescue authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on the authority by section 5A(1) so far as it is overlapped by the pre-commencement power.
  • (3) Where under section 5A(1) a relevant fire and rescue authority does things for a commercial purpose, it must do them through—
  • (a) a company within the meaning given by section 1(1) of the Companies Act 2006, or
  • (b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969.
  • (4) Section 5A(1) does not authorise a relevant fire and rescue authority to do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person.
  • (5) Section 5A(1) does not authorise a relevant fire and rescue authority to borrow money.
  • (5A) Section 5A(1) does not authorise the London Fire Commissioner to enter into a contract to which this subsection applies without the consent of the Mayor of London.
  • (5B) Subsection (5A) applies to a contract if—
  • (a) the Mayor of London has notified the London Fire Commissioner that the Commissioner requires the Mayor’s consent before entering into a contract of a kind specified in the notification, and
  • (b) the contract is of that kind.
  • (6) Section 5A(1)(a) to (d) do not authorise a relevant fire and rescue authority to charge a person for any action taken by the authority (but see section 18A).
  • (7) Section 18B(1) to (8) apply in relation to charging for things done for a commercial purpose in exercise of power conferred by section 5A(1)(e) as they apply in relation to charging under section 18A(1).
  • (8) In this section—
  • “Act” (except in a reference to the Localism Act 2011) includes an Act, or Measure, of the National Assembly for Wales;
  • “ passed ” in relation to an Act, or Measure, of the National Assembly for Wales means enacted;
  • “ post-commencement limitation ” means a prohibition, restriction or other limitation imposed by a statutory provision that— is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, oris contained in an instrument made under an Act and comes into force on or after the commencement of section 9(1) of that Act;
  • “ pre-commencement limitation ” means a prohibition, restriction or other limitation imposed by a statutory provision that— is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, oris contained in an instrument made under an Act and comes into force before the commencement of section 9(1) of that Act;
  • “ pre-commencement power ” means power conferred by a statutory provision that— is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, oris contained in an instrument made under an Act and comes into force before the commencement of section 9(1) of that Act;
  • “relevant fire and rescue authority” has meaning given by section 5A(3);
  • “ statutory provision ” means a provision of an Act or of an instrument made under an Act.
5C
  • (1) If the appropriate national authority thinks that a statutory provision (whenever passed or made) prevents or restricts relevant fire and rescue authorities from exercising power conferred by section 5A(1), the appropriate national authority may by order amend, repeal, revoke or disapply that provision.
  • (2) If the appropriate national authority thinks that the power conferred by section 5A(1) is overlapped (to any extent) by another power then, for the purpose of removing or reducing that overlap, the appropriate national authority may by order amend, repeal, revoke or disapply any statutory provision (whenever passed or made).
  • (3) The appropriate national authority may by order make provision preventing relevant fire and rescue authorities from doing under section 5A(1) anything which is specified, or is of a description specified, in the order.
  • (4) The appropriate national authority may by order provide for the exercise by relevant fire and rescue authorities of power conferred by section 5A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.
  • (5) The power under subsection (1), (2), (3) or (4) may be exercised in relation to—
  • (a) all relevant fire and rescue authorities,
  • (b) particular relevant fire and rescue authorities, or
  • (c) particular descriptions of relevant fire and rescue authorities.
  • (6) Before making an order under subsection (1), (2), (3) or (4) the appropriate national authority proposing to make the order must consult—
  • (a) such relevant fire and rescue authorities,
  • (b) such representatives of relevant fire and rescue authorities, and
  • (c) such other persons (if any),

as that appropriate national authority considers appropriate.

  • (7) Subsection (6) does not apply to an order under subsection (3) or (4) which is made only for the purpose of amending an earlier such order—
  • (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
  • (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.
  • (8) The appropriate national authority's power under subsection (1) or (2) is exercisable by the Welsh Ministers so far as it is power to make provision that—
  • (a) would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly, and
  • (b) does not relate to a fire and rescue authority for an area in England.
  • (9) The appropriate national authority's power under subsection (1) or (2) is exercisable by the Secretary of State so far as it is not exercisable by the Welsh Ministers.
  • (10) The appropriate national authority's power under subsection (3) or (4) is exercisable—
  • (a) in relation to England by the Secretary of State, and
  • (b) in relation to Wales by the Welsh Ministers.
  • (11) In exercising power under subsection (1) or (2), the Secretary of State may make provision which has effect in relation to Wales only after having consulted the Welsh Ministers.
  • (12) The Welsh Ministers may submit to the Secretary of State proposals that power of the Secretary of State under subsection (1) or (2) in relation to Wales should be exercised in accordance with the proposals.
  • (13) In subsections (1) and (2) “ statutory provision ” means a provision of—
  • (a) an Act, or
  • (b) an instrument made under an Act,

and in this subsection “ Act ” includes an Act, or Measure, of the National Assembly for Wales.

  • (14) In this section “ relevant fire and rescue authority ” has the meaning given by section 5A(3).

Limits on power under section 5C(1)

5D
  • (1) Provision may not be made under section 5C(1) unless the appropriate national authority making the provision considers that the conditions in subsection (2), where relevant, are satisfied in relation to that provision.
  • (2) Those conditions are that—
  • (a) the effect of the provision is proportionate to the policy objective intended to be secured by the provision;
  • (b) the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;
  • (c) the provision does not remove any necessary protection;
  • (d) the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;
  • (e) the provision is not of constitutional significance.
  • (3) An order under section 5C(1) may not make provision for the delegation or transfer of any function of legislating.
  • (4) For the purposes of subsection (3) a “function of legislating” is a function of legislating by order, rules, regulations or other subordinate instrument.
  • (5) An order under section 5C(1) may not make provision to abolish or vary any tax.
5E
  • (1) If, as a result of any consultation required by section 5C(6) and (11) with respect to a proposed order of the Secretary of State under section 5C(1), it appears to the Secretary of State that it is appropriate to change the whole or any part of the Secretary of State's proposals, the Secretary of State must undertake such further consultation with respect to the changes as the Secretary of State considers appropriate.
  • (2) If, after the conclusion of the consultation required by section 5C(6) and (11) and subsection (1), the Secretary of State considers it appropriate to proceed with the making of an order under section 5C(1), the Secretary of State must lay before Parliament—
  • (a) a draft of the order, and
  • (b) an explanatory document explaining the proposals and giving details of—
  • (i) the Secretary of State's reasons for considering that the conditions in section 5D(2), where relevant, are satisfied in relation to the proposals,
  • (ii) any consultation undertaken under section 5C(6) and (11) and subsection (1),
  • (iii) any representations received as a result of the consultation, and
  • (iv) the changes (if any) made as a result of those representations.
  • (3) Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 (choosing between negative, affirmative and super-affirmative parliamentary procedure) are to apply in relation to an explanatory document and draft order laid under subsection (2) but as if—
  • (a) section 18(11) of that Act were omitted,
  • (b) references to section 14 of that Act were references to subsection (2), and
  • (c) references to the Minister were references to the Secretary of State.
  • (4) Provision proposed to be made by the Secretary of State under section 5C(2) may be included in a draft order laid under subsection (2) and, if it is, the explanatory document laid with the draft order must also explain the proposals under section 5C(2) and give details of any consultation undertaken under section 5C(6) and (11) with respect to those proposals.
5F
  • (1) If, as a result of any consultation required by section 5C(6) with respect to a proposed order of the Welsh Ministers under section 5C(1), it appears to the Welsh Ministers that it is appropriate to change the whole or any part of their proposals, they must undertake such further consultation with respect to the changes as they consider appropriate.
  • (2) If, after the conclusion of the consultation required by section 5C(6) and subsection (1), the Welsh Ministers consider it appropriate to proceed with the making of an order under section 5C(1), they must lay before the National Assembly for Wales—
  • (a) a draft of the order, and
  • (b) an explanatory document explaining the proposals and giving details of—
  • (i) the Welsh Ministers' reasons for considering that the conditions in section 5D(2), where relevant, are satisfied in relation to the proposals,
  • (ii) any consultation undertaken under section 5C(6) and subsection (1),
  • (iii) any representations received as a result of the consultation, and
  • (iv) the changes (if any) made as a result of those representations.
  • (3) Provision proposed to be made by the Welsh Ministers under section 5C(2) may be included in a draft order laid under subsection (2) and, if it is, the explanatory document laid with the draft order must also explain the proposals under section 5C(2) and give details of any consultation undertaken under section 5C(6) with respect to those proposals.
5G
  • (1) The explanatory document laid with a draft order under section 5F(2) must contain a recommendation by the Welsh Ministers as to which of the following should apply in relation to the making of an order pursuant to the draft order—
  • (a) the negative resolution procedure (see section 5H),
  • (b) the affirmative resolution procedure (see section 5J), or
  • (c) the super-affirmative resolution procedure (see section 5K).
  • (2) The explanatory document must give reasons for the Welsh Ministers' recommendation.
  • (3) Where the Welsh Ministers' recommendation is that the negative resolution procedure should apply, that procedure applies unless, within the 30-day period—
  • (a) the National Assembly for Wales requires the application of the super-affirmative resolution procedure, in which case that procedure applies, or
  • (b) in a case not within paragraph (a), the Assembly requires the application of the affirmative resolution procedure, in which case that procedure applies.
  • (4) Where the Welsh Ministers' recommendation is that the affirmative resolution procedure should apply, that procedure applies unless, within the 30-day period, the National Assembly for Wales requires the application of the super-affirmative resolution procedure, in which case the super-affirmative resolution procedure applies.
  • (5) Where the Welsh Ministers' recommendation is that the super-affirmative resolution procedure should apply, that procedure applies.
  • (6) For the purposes of this section, the National Assembly for Wales is to be taken to have required the application of a procedure within the 30-day period if—
  • (a) the Assembly resolves within that period that that procedure is to apply, or
  • (b) in a case not within paragraph (a), a committee of the Assembly charged with reporting on the draft order has recommended within that period that that procedure should apply and the Assembly has not by resolution rejected that recommendation within that period.
  • (7) In this section “ the 30-day period ” means the 30 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2).

Negative resolution procedure for draft laid under section 5F(2)

5H
  • (1) For the purposes of this Part, “ the negative resolution procedure ” in relation to the making of an order pursuant to a draft order laid under section 5F(2) is as follows.
  • (2) The Welsh Ministers may make an order in the terms of the draft order subject to the following provisions of this section.
  • (3) The Welsh Ministers may not make an order in the terms of the draft order if the National Assembly for Wales so resolves within the 40-day period.
  • (4) A committee of the National Assembly for Wales charged with reporting on the draft order may, at any time after the expiry of the 30-day period and before the expiry of the 40-day period, recommend under this subsection that the Welsh Ministers not make an order in the terms of the draft order.
  • (5) Where a committee of the National Assembly for Wales makes a recommendation under subsection (4) in relation to a draft order, the Welsh Ministers may not make an order in the terms of the draft order unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.
  • (6) For the purposes of this section an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.
  • (7) In this section—
  • “ the 30-day period ” has the meaning given by section 5G(7), and
  • “ the 40-day period ” means the 40 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2).
  • (8) For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (4) by a committee of the National Assembly for Wales but the recommendation is rejected by the Assembly under subsection (5), no account is to be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.

Affirmative resolution procedure for draft laid under section 5F(2)

5J
  • (1) For the purposes of this Part, “ the affirmative resolution procedure ” in relation to the making of an order pursuant to a draft order laid under section 5F(2) is as follows.
  • (2) If after the expiry of the 40-day period the draft order is approved by a resolution of the National Assembly for Wales, the Welsh Ministers may make an order in the terms of the draft.
  • (3) However, a committee of the National Assembly for Wales charged with reporting on the draft order may, at any time after the expiry of the 30-day period and before the expiry of the 40-day period, recommend under this subsection that no further proceedings be taken in relation to the draft order.
  • (4) Where a committee of the National Assembly for Wales makes a recommendation under subsection (3) in relation to a draft order, no proceedings may be taken in relation to the draft order in the Assembly under subsection (2) unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.
  • (5) For the purposes of subsection (2) an order is made in the terms of a draft order if the order contains no material changes to the provisions of the draft order.
  • (6) In this section—
  • “ the 30-day period ” has the meaning given by section 5G(7), and
  • “ the 40-day period ” has the meaning given by section 5H(7).
  • (7) For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (3) by a committee of the National Assembly for Wales but the recommendation is rejected by the Assembly under subsection (4), no account is to be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.

Super-affirmative resolution procedure for draft laid under section 5F(2)

5K
  • (1) For the purposes of this Part, “ the super-affirmative resolution procedure ” in relation to the making of an order pursuant to a draft order laid under section 5F(2) is as follows.
  • (2) The Welsh Ministers must have regard to—
  • (a) any representations,
  • (b) any resolution of the National Assembly for Wales, and
  • (c) any recommendation of a committee of the Assembly charged with reporting on the draft order,

made during the 60-day period in relation to the draft order.

  • (3) If, after the expiry of the 60-day period, the Welsh Ministers want to make an order in the terms of the draft order, they must lay before the National Assembly for Wales a statement—
  • (a) stating whether any representations were made under subsection (2)(a), and
  • (b) if any representations were so made, giving details of them.
  • (4) The Welsh Ministers may after the laying of such a statement make an order in the terms of the draft order if it is approved by a resolution of the National Assembly for Wales.
  • (5) However, a committee of the National Assembly for Wales charged with reporting on the draft order may, at any time after the laying of a statement under subsection (3) and before the draft order is approved by the Assembly under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft order.
  • (6) Where a committee of the National Assembly for Wales makes a recommendation under subsection (5) in relation to a draft order, no proceedings may be taken in relation to the draft order in the Assembly under subsection (4) unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.
  • (7) If, after the expiry of the 60-day period, the Welsh Ministers wish to make an order consisting of a version of the draft order with material changes, they must lay before the National Assembly for Wales—
  • (a) a revised draft order, and
  • (b) a statement giving details of—
  • (i) any representations made under subsection (2)(a), and
  • (ii) the revisions proposed.
  • (8) The Welsh Ministers may after laying a revised draft order and statement under subsection (7) make an order in the terms of the revised draft order if it is approved by a resolution of the National Assembly for Wales.
  • (9) However, a committee of the National Assembly for Wales charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (7) and before it is approved by the Assembly under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.
  • (10) Where a committee of the National Assembly for Wales makes a recommendation under subsection (9) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in the Assembly under subsection (8) unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.
  • (11) For the purposes of subsections (4) and (8) an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.
  • (12) In this section “ the 60-day period ” means the 60 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2).

Limits on power under section 5C(1)

5L

In calculating any period of days for the purposes of sections 5G to 5K, no account is to be taken of any time during which the National Assembly for Wales is dissolved or during which the Assembly is in recess for more than four days.

Fire safety

18A
  • (1) A fire and rescue authority may charge a person for any action taken by the authority—
  • (a) in the United Kingdom or at sea or under the sea, and
  • (b) otherwise than for a commercial purpose,

but this is subject to the provisions of this section and section 18B.

  • (2) Subsection (1) authorises a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by the authority.
  • (3) Before a fire and rescue authority begins to charge under subsection (1) or section 5A(1)(e) for taking action of a particular description, the authority must consult any persons the authority considers appropriate.
  • (4) If a fire and rescue authority decides to charge under subsection (1) for taking action of a particular description—
  • (a) the amount of the charge is to be set by the authority;
  • (b) the authority may charge different amounts in different circumstances (and may charge nothing).
  • (5) In setting the amount of a charge under subsection (1), a fire and rescue authority must secure that, taking one financial year with another, the authority's income from charges does not exceed the cost to the authority of taking the action for which the charges are imposed.
  • (6) The duty under subsection (5) applies separately in relation to each kind of action.
  • (7) The references in subsection (1) and section 18B(1) to “sea” are not restricted to the territorial sea of the United Kingdom.
  • (8) In subsection (5) “ financial year ” means 12 months ending with 31 March.
18B
  • (1) Section 18A(1) authorises charging for extinguishing fires, or protecting life and property in the event of fires, only in respect of fires which are at sea or under the sea.
  • (2) Section 18A(1) does not authorise charging for emergency medical assistance.
  • (3) Section 18A(1) authorises charging for action taken in response to a report of a fire or explosion only if section 18C applies to the report.
  • (4) Section 18A(1) does not authorise charging for rescuing individuals, or protecting individuals from serious harm, in the event of an emergency.
  • (5) Section 18A(1) does not authorise charging for action taken in response to—
  • (a) emergencies resulting from events of widespread significance,
  • (b) emergencies which have occurred as a direct result of severe weather, or
  • (c) emergencies resulting from road traffic accidents.
  • (6) Subject to subsection (7), section 18A(1) does not authorise charging for action taken under section 6.
  • (7) Subsection (6) does not prevent charging for the giving of advice, other than advice of the kind mentioned in section 6(2)(b), in relation to premises where a trade, business or other undertaking is carried on (whether for profit or not).
  • (8) Section 18A(1) does not authorise charging for action taken by a fire and rescue authority in its capacity as an enforcing authority for the purposes of the Regulatory Reform (Fire Safety) Order 2005 ( S.I. 2005/1541).
  • (9) Nothing in subsections (1) to (8)—
  • (a) applies to charges for providing under section 12 the services of any persons or any equipment,
  • (b) affects the operation of section 13(3) or 16(3), or
  • (c) affects any provision for payments to a fire and rescue authority contained in arrangements for co-operation made between that authority and—
  • (i) a public authority that is not a fire and rescue authority, or
  • (ii) any person, other than a public authority, who exercises public functions.
  • (10) The Secretary of State in relation to fire and rescue authorities in England, and the Welsh Ministers in relation to fire and rescue authorities in Wales, may by order disapply subsection 18A(1) in relation to actions of a particular kind.
  • (11) The power under subsection (10) includes power to disapply for a particular period.
18C
  • (1) This section applies for the purposes of section 18B(3).
  • (2) This section applies to a report of fire, or explosion, at sea or under the sea.
  • (3) This section applies to a report of fire if—
  • (a) the report is of fire at premises that are not domestic premises,
  • (b) the report is false,
  • (c) the report is made as a direct or indirect result of warning equipment having malfunctioned or been misinstalled, and
  • (d) there is a persistent problem with false reports of fire at the premises that are made as a direct or indirect result of warning equipment under common control having malfunctioned or been misinstalled.
  • (4) The references in subsection (2) to “sea” are not restricted to the territorial sea of the United Kingdom.
  • (5) In subsection (3)—
  • “ domestic premises ” means premises occupied as a private dwelling (including any garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling);
  • “ warning equipment ” means equipment installed for the purpose of— detecting fire, orraising the alarm, or enabling the alarm to be raised, in the event of fire.

Fire and Rescue National Framework

Report

Negotiating bodies

Duty to secure water supply etc

Powers of fire-fighters etc in an emergency etc

Pre-commencement consultation

Procedure for Secretary of State's orders under section 5C(1) and (2)

Boundaries of power under section 5A

Power to make provision supplemental to section 5A

Negative resolution procedure for draft laid under section 5F(2)

Affirmative resolution procedure for draft laid under section 5F(2)

Super-affirmative resolution procedure for draft laid under section 5F(2)

Calculation of time periods

Fire safety

Super-affirmative resolution procedure for draft laid under section 5F(2)

Cases where a charge may be made for responding to report of fire etc

Interpretation of Part 1

Fire safety

Cases where a charge may be made for responding to report of fire etc

Negotiating bodies

Duty to secure water supply etc

Powers of fire-fighters etc in an emergency etc

Pre-commencement consultation

Charging

Charging

Preservation of existing pension scheme

Exercise of powers at or under sea

Obtaining information and investigating fires

Inquiries: supplementary

Meaning of “emergency”

Police and crime plan

Power to make provision supplemental to section 5A

Negative resolution procedure for draft laid under section 5F(2)

Affirmative resolution procedure for draft laid under section 5F(2)

Super-affirmative resolution procedure for draft laid under section 5F(2)

Limits on charging under section 18A(1)

Cases where a charge may be made for responding to report of fire etc

Fire and Rescue National Framework

Report

Preservation of existing pension scheme

Provision of intelligence service information to English inspectors

Duty to secure water supply etc

Powers of fire-fighters etc in an emergency etc

Pre-commencement consultation

Meaning of “local authority”

Extent

Combined fire and rescue authorities

Fire and rescue authority involving police and crime commissioner

4A
  • (1) The Secretary of State may by order provide—
  • (a) for the creation of a corporation sole as the fire and rescue authority for the area specified in the order, and
  • (b) for the person who is for the time being the police and crime commissioner for the relevant police area to be for the time being that fire and rescue authority.
  • (2) In subsection (1) “the relevant police area” means the police area which—
  • (a) is the same as the area of the fire and rescue authority created by the order, or
  • (b) if the order creates two or more fire and rescue authorities, is the same as the areas of those authorities taken together.
  • (3) The whole of an area of a fire and rescue authority created by an order under this section must be—
  • (a) within England, and
  • (b) outside the metropolitan police district and the City of London police area.
  • (4) An order under this section may be made only if the relevant police and crime commissioner has submitted a proposal for the order to the Secretary of State.
  • (5) An order under this section may be made only if it appears to the Secretary of State that—
  • (a) it is in the interests of economy, efficiency and effectiveness for the order to be made, or
  • (b) it is in the interests of public safety for the order to be made.
  • (6) The Secretary of State may not make an order under this section in a case within subsection (5)(a) if the Secretary of State thinks that the order would have an adverse effect on public safety.
  • (7) In this section “relevant police and crime commissioner” has the same meaning as in Schedule A1; and that Schedule makes further provision about the procedure for an order under this section.
4B
  • (1) An order under section 4A may make alterations to the areas of fire and rescue authorities in England outside Greater London.
  • (2) The alterations that may be made by virtue of subsection (1) include alterations that result in a reduction or an increase in the number of such areas.
  • (3) An order under section 4A(1) may make provision for the abolition of—
  • (a) a metropolitan county fire and rescue authority,
  • (b) a combined fire and rescue authority constituted by a scheme under section 2,
  • (c) a combined fire and rescue authority constituted by a scheme to which section 4 applies, or
  • (d) a fire and rescue authority created by an order under section 4A(1).
4C
  • (1) This section applies if the Secretary of State makes an order under section 4A.

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