The Combined Fire and Rescue Authorities (Membership and Allowances) (Amendment) Regulations 2020

(8A) (1) A relevant police and crime commissioner appointed as a member of the Authority under paragraph 7A— (a) comes into office on the date of that appointment, and (b) continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”). (2) But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring. (3) This paragraph is subject to paragraphs 9 and 10(2).

7

In paragraph 11 of that Scheme—

• (a) in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and

• (b) in sub-paragraph (3), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.

8

In paragraph 15 of that Scheme for “to 104” substitute “, 102(1) to (5), 103, 104”

SCHEDULE 19 — Variation of the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme

1

In paragraph 2 of the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme, after the definition of “constituent authorities”, insert—

• “relevant police and crime commissioner” means a police and crime commissioner— whose area is the same as, or contains all of, the combined area, or all or part of whose area falls within the combined area

2

In paragraph 6 of that Scheme—

• (a) in sub-paragraph (1), for “paragraph 7” substitute “paragraphs 7 and 7A”;

• (b) for sub-paragraph (2) substitute—

(2) The members of the Authority are to be appointed in accordance with this Part.

3

In paragraph 7, after sub-paragraph (2), insert—

(3) Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.

4

After that paragraph, insert—

(7A) (1) The Authority may appoint a relevant police and crime commissioner to be a member of the Authority. (2) But the Authority may only make such an appointment in response to a request from the commissioner. (3) If the Authority receives a request from a relevant police and crime commissioner, it must— (a) consider the request, (b) give reasons for its decision to agree to or refuse the request, and (c) publish those reasons in such manner as it thinks appropriate. (7B) (1) Sub-paragraph (2) applies where a relevant police and crime commissioner— (a) is appointed as a member of the Authority, and (b) arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf. (2) Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but— (a) may not vote, and (b) is not to be treated as a member of the Authority for any purpose.

5

In paragraph 8 of that Scheme, after “the Authority” insert “appointed by a constituent authority”.

6

After that paragraph, insert—

(8A) (1) A relevant police and crime commissioner appointed as a member of the Authority under paragraph 7A— (a) comes into office on the date of that appointment, and (b) continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”). (2) But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring. (3) This paragraph is subject to paragraphs 9 and 11.

7

In paragraph 12 of that Scheme—

• (a) in sub-paragraph (1), after “the Authority”, in the first place it appears, insert “appointed by a constituent authority”;

• (b) in sub-paragraph (3), after “the Authority”, in the first place it appears, insert “appointed by a constituent authority”.

8

In paragraph 17 of that Scheme for “to 103” substitute “, 102(1) to (5), 103”.

Signed

Kit Malthouse — Minister of State — Home Office — 21st February 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make amendments for and in connection with the appointment of police and crime commissioners as members of certain fire and rescue authorities.

Appointment of police and crime commissioners as members of a fire and rescue authority Part 2 of these Regulations amend various fire and rescue authority combination schemes (“the Schemes”) to enable the combined fire and rescue authorities created by them to appoint a police and crime commissioner as one of their members. This follows the provision made in section 7 of the Policing and Crime Act 2017 (c. 3) which enables police and crime commissioners to be represented on all types of fire and rescue authorities. The following combined fire and rescue authorities will be able to appoint police and crime commissioners as members as a result of the provisions made by these Regulations: a the Avon Fire Authority (article 3 and Schedule 1), b the Cleveland Fire Authority (article 4 and Schedule 2) c the Humberside Fire Authority (article 5 and Schedule 3), d the Leicester, Leicestershire and Rutland Combined Fire Authority (article 6 and Schedule 4), e the Bedfordshire Fire and Rescue Authority (article 7 and Schedule 5), f the Derbyshire Fire Authority (article 8 and Schedule 6), g the County Durham and Darlington Fire and Rescue Authority (article 9 and Schedule 7), h the East Sussex Fire Authority (article 10 and Schedule 8), i the Buckinghamshire and Milton Keynes Fire Authority (article 11 and Schedule 9), j the Royal Berkshire Fire Authority (article 12 and Schedule 10), k the Cambridgeshire and Peterborough Fire Authority (article 13 and Schedule 11), l the Cheshire Fire Authority (article 14 and Schedule 12), m the Hereford and Worcester Fire Authority (article 15 and Schedule 13) n the Kent and Medway Towns Fire Authority (article 16 and Schedule 14), o the Shropshire and Wrekin Fire Authority (article 17 and Schedule 15), p the Lancashire Combined Fire Authority (article 18 and Schedule 16), q the Nottinghamshire and City of Nottingham Fire Authority (article 19 and Schedule 17), r the Devon and Somerset Fire and Rescue Authority (article 20 and Schedule 18), and s the Dorset and Wiltshire Fire and Rescue Authority (article 21 and Schedule 19). Part 2 also makes various changes to the Schemes in consequence of the provision enabling the appointment of police and crime commissioners as members. Minor amendments are also made to the Schemes to remove references to provisions of the Local Government Act 1972 which have been repealed.

Payment of allowances Part 3 of these Regulations amends the Local Authorities (Members’ Allowance) (England) Regulations 2003 (S.I. 2003/1021) so that there is no requirement for a combined authority to pay any allowances to a police and crime commissioner who is appointed, in that capacity, as a member of the authority (article 22). An impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.

Footnotes

[^f00001]: 1989 c. 42. Section 18 has been amended by the Police and Magistrates’ Court Act 1994 (c. 29), Schedule 4, paragraph 37, the Education Act 1996 (c. 56), Schedule 37, paragraph 97, and by the Local Government Act 2000 (c. 22), section 99.

[^f00002]: 2000 c. 22.

[^f00003]: 2004 c. 21. Sections 2 and 4 have been amended by the Local Government and Public Involvement in Health Act 2007 (c. 28), Schedule 1, paragraph 22, the Local Democracy, Economic Development and Construction Act 2009 (c. 20), Schedule 7, Part 4, and the Deregulation Act 2015 (c. 20), Schedule 22, paragraph 16. Section 3 has been amended by the Policing and Crime Act 2017 (c. 3), section 7. Section 60 has been amended by the Localism Act 2011 (c. 20), section 9.

[^f00004]: S.I. 2015/435, as amended by S.I. 2017/1165.

[^f00005]: The Scheme is set out in the Schedule to the Cleveland Fire Services (Combination Scheme) Order 1995 (S.I. 1995/3131); to which there are amendments not relevant to these Regulations.

[^f00006]: The Scheme is set out in the Schedule to the Avon Fire Services (Combination Scheme) Order 1995 (S.I. 1995/3127); to which there are amendments not relevant to these Regulations.

[^f00007]: The Scheme is set out in the Schedule to the Humberside Fire Services (Combination Scheme) Order 1995 (S.I. 1995/3132); to which there are amendments not relevant to these Regulations.

[^f00008]: The Scheme is set out in the Schedule to the Leicestershire Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2912); to which there are amendments not relevant to these Regulations.

[^f00009]: The Scheme is set out in the Schedule to the Bedfordshire Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2918); to which there are amendments not relevant to these Regulations.

[^f00010]: The Scheme is set out in the Schedule to the Derbyshire Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2919); to which there are amendments not relevant to these Regulations.

[^f00011]: The Scheme is set out in the Schedule to the Durham Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2921); to which there are amendments not relevant to these Regulations.

[^f00012]: The Scheme is set out in the Schedule to the East Sussex Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2922); to which there are amendments not relevant to these Regulations.

[^f00013]: The Scheme is set out in the Schedule to the Buckinghamshire Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2924); to which there are amendments not relevant to these Regulations.

[^f00014]: The Scheme is set out in the Schedule to the Berkshire Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2695); to which there are amendments not relevant to these Regulations.

[^f00015]: The Scheme is set out in the Schedule to the Cambridgeshire Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2696); to which there are amendments not relevant to these Regulations.

[^f00016]: The Scheme is set out in the Schedule to the Cheshire Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2697); to which there are amendments not relevant to these Regulations.

[^f00017]: The Scheme is set out in the Schedule to the Hereford and Worcester Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2700); to which there are amendments not relevant to these Regulations.

[^f00018]: The Scheme is set out in the Schedule to the Kent Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2701); to which there are amendments not relevant to these Regulations.

[^f00019]: The Scheme is set out in the Schedule to the Shropshire Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2702); to which there are amendments not relevant to these Regulations.

[^f00020]: The Scheme is set out in the Schedule to the Lancashire Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2760); to which there are amendments not relevant to these Regulations.

[^f00021]: The Scheme is set out in the Schedule to the Nottinghamshire Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2761); to which there are amendments not relevant to these Regulations.

[^f00022]: The Scheme is set out in the Schedule to the Devon and Somerset Fire and Rescue Authority (Combination Scheme) Order 2006 (S.I. 2006/2790).

[^f00023]: S.I. 2003/1021, as amended by S.I. 2004/3168. There are other amending instruments but none is relevant.

[^f00024]: 2011 c. 13.