Fire and Rescue Services Act 2004

• (1) Subsections (1), (2) and (4) to (7) of section 17 of the Police Reform and Social Responsibility Act 2011 (duties when carrying out functions) apply in relation to a relevant fire and rescue authority as they apply in relation to an elected local policing body, subject to sub-paragraph (2).

• (2) As applied by sub-paragraph (1), those subsections have effect as if—

• (a) the reference in subsection (1) to policing in an elected local policing body’s area were to fire and rescue services in the relevant fire and rescue authority’s area,

• (b) the reference in subsection (2) to the relevant police and crime panel (within the meaning of that Act) were to the relevant police and crime panel (within the meaning of this Schedule),

• (c) the reference in that subsection to any report or recommendations made by the panel on the annual report for the previous financial year were to any report or recommendations made by the panel with respect to the discharge of the relevant fire and rescue authority’s functions, and

• (d) the reference in subsection (7) to elected local policing bodies were to relevant fire and rescue authorities.

8

• (1) Subsections (2) to (9) and (11) of section 28 of the Police Reform and Social Responsibility Act 2011 (police and crime panels outside London) apply in relation to a relevant fire and rescue authority as they apply in relation to a police and crime commissioner, subject to sub-paragraph (2).

• (2) As applied by sub-paragraph (1), those subsections have effect as if—

• (a) references to the police and crime panel or a police and crime panel were to the relevant police and crime panel,

• (b) the references in subsection (3) to the draft police and crime plan were to the draft fire and rescue plan,

• (c) the references in subsection (4) to an annual report were to a fire and rescue statement,

• (d) the references in subsections (5) and (6) to Schedules 1 and 5 were to those Schedules as applied by this Schedule,

• (da) the references in subsection (6) to the commissioner’s functions were to the functions of the relevant fire and rescue authority that are excluded functions for the purposes of section 28(A6) of this Act (see section 28(A7)),

• (e) the references in those subsections to Schedule 8 were omitted, and

• (f) the second reference in subsection (8) to the police area were to the area of the relevant fire and rescue authority.

9

• (1) Section 29 of the Police Reform and Social Responsibility Act 2011 (power to require attendance and information) applies in relation to a relevant fire and rescue authority as it applies in relation to a police and crime commissioner, subject to sub-paragraph (2).

• (2) As applied by sub-paragraph (1), that section has effect as if—

• (a) references to the police and crime panel or a police and crime panel were to the relevant police and crime panel, and

• (b) the reference in subsection (6) to the relevant chief constable (within the meaning of that section) were to the relevant chief constable (within the meaning of this Schedule).

10

Section 31 of the Police Reform and Social Responsibility Act 2011 (conduct of police and crime commissioner etc) applies in relation to a holder of the office of relevant fire and rescue authority as it applies in relation to a holder of the office of police and crime commissioner.

11

• (1) Paragraphs 9(1)(b) and (2) and 10 to 12 of Schedule 1 to the Police Reform and Social Responsibility Act 2011 (scrutiny of appointment of chief finance officer) apply in relation to a relevant fire and rescue authority as they apply in relation to a police and crime commissioner, subject to sub-paragraph (2).

• (2) As applied by sub-paragraph (1), those paragraphs have effect as if—

• (a) the references in paragraph 9 to the relevant police and crime panel (within the meaning of that Act) were to the relevant police and crime panel (within the meaning of this Schedule),

• (b) the reference in paragraph 9(1)(b) to the commissioner’s chief finance officer were to the relevant fire and rescue authority’s chief finance officer within the meaning of section 4D of this Act,

• (c) the references in paragraphs 10, 11 and 12 to the police and crime panel or a police crime panel were to the relevant police and crime panel, and

• (d) paragraph 10(9) defined “relevant post-election period” as the period that—

• (i) begins with the day of the poll at an ordinary election under section 50 of the Police Reform and Social Responsibility Act 2011 of the police and crime commissioner for the relevant police area, and

• (ii) ends with the day on which the person elected as that police and crime commissioner delivers a declaration of acceptance of office under section 70 of that Act.

• (3) In sub-paragraph (2)(d)(i) “the relevant police area” means the police area—

• (a) which corresponds to the area of the relevant fire and rescue authority, or

• (b) within which the area of the relevant fire and rescue authority falls.

12

• (1) Schedule 5 to the Police Reform and Social Responsibility Act 2011 (issuing precepts) applies in relation to a relevant fire and rescue authority as it applies in relation to a police and crime commissioner, subject to sub-paragraph (2).

• (2) As applied by sub-paragraph (1), that Schedule has effect as if references to the relevant police and crime panel (within the meaning of that Act) or to the police and crime panel were to the relevant police and crime panel (within the meaning of this Schedule).

13

• (1) Schedule 7 to the Police Reform and Social Responsibility Act 2011 (regulations about complaints and conduct matters) applies in relation to a holder of the office of relevant fire and rescue authority as it applies in relation to a holder of the office of police and crime commissioner, subject to sub-paragraph (2).

• (2) As applied by sub-paragraph (1), that Schedule has effect as if references to police and crime panels were to relevant police and crime panels.

Schedule A3

1

• (1) This paragraph applies for the purposes of this Schedule.

• (2) References to an English inspector are to an inspector appointed under section 28(A1).

• (3) References to the inspection function are to the function conferred on the English inspectors by section 28(A3).

• (4) References to a person providing services to a fire and rescue authority are to a person providing services, in pursuance of contractual arrangements (but without being employed by a fire and rescue authority), to assist the fire and rescue authority in relation to the exercise of its functions.

• (5) “Public authority” includes any person certain of whose functions are functions of a public nature.

2

An English inspector may arrange for the inspection function to be exercised (to such extent as the inspector may determine) by another public authority on behalf of the inspector.

3

An English inspector, when exercising the inspection function, must co-operate with Her Majesty’s Inspectors of Constabulary.

4

An English inspector may act jointly with Her Majesty’s Inspectors of Constabulary where it is appropriate to do so for the efficient and effective exercise of the inspection function.

5

• (1) The chief fire and rescue inspector for England may, if he or she thinks it appropriate to do so, provide assistance to any other public authority for the purpose of the exercise by that authority of its functions.

• (2) The chief fire and rescue inspector for England may do anything he or she thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).

• (3) Anything done under this paragraph may be done on such terms (including terms as to payment) as the chief fire and rescue inspector for England thinks fit.

6

• (1) An English inspector may serve on a relevant person a notice requiring the person—

• (a) to provide the inspector with any information or documents that the inspector reasonably requires for the purpose of the exercise of the inspection function;

• (b) to produce or deliver up to the inspector any evidence or other things that the inspector reasonably requires for that purpose.

This is subject to sub-paragraphs (6) to (8).

• (2) In sub-paragraph (1), “relevant person” means—

• (a) a fire and rescue authority in England;

• (b) an employee of a fire and rescue authority in England;

• (c) a person providing services to a fire and rescue authority in England;

• (d) an employee of a person providing services to a fire and rescue authority in England;

• (e) any other person who is, by virtue of any enactment, carrying out any of the activities of a fire and rescue authority in England.

• (3) A notice under this paragraph must—

• (a) specify or describe the information, documents, evidence or other things that are required by the inspector;

• (b) specify the period within which the information, documents, evidence or other things must be provided, produced or delivered up.

• (4) A notice under this paragraph may specify the form and manner in which any information, documents, evidence or other things are to be provided, produced or delivered up.

• (5) An English inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.

• (6) A notice under this paragraph must not be used to obtain information, or any document or other thing, from a person if—

• (a) the information, or the document or other thing, was obtained by that person (directly or indirectly) from a body or other entity mentioned in sub-paragraph (7), or

• (b) the information, or the document or other thing, relates to a body or other entity mentioned in that sub-paragraph.

• (7) The bodies and other entities referred to in sub-paragraph (6) are—

• (a) the Security Service,

• (b) the Secret Intelligence Service,

• (c) the Government Communications Headquarters, or

• (d) any part of Her Majesty’s forces, or of the Ministry of Defence, which engages in intelligence activities.

• (8) A notice under this paragraph must not require a person—

• (a) to provide information that might incriminate the person;

• (b) to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act).

• (9) In this paragraph—

• “document” means anything in which information of any description is recorded;

• “English inspector” includes—a person appointed under section 28(A5) as an assistant inspector or other officer;a person authorised by an English inspector to act on behalf of the inspector for the purposes of this paragraph.

7

• (1) An English inspector may serve on a person a notice requiring the person to allow the inspector access, which the inspector reasonably requires for the purpose of the exercise of the inspection function, to—

• (a) premises that are occupied (wholly or partly) for the purposes of —

• (i) a fire and rescue authority in England,

• (ii) a person providing services to a fire and rescue authority in England, or

• (iii) any other person who is, by virtue of any enactment, carrying out any of the activities of a fire and rescue authority in England, and

• (b) documents and other things on those premises.

• (2) A notice under this paragraph must—

• (a) specify or describe the premises to which the inspector requires access;

• (b) specify the time when access is required (which may be immediately after the service of the notice).

• (3) Where there are reasonable grounds for not allowing the inspector to have access to the premises at the time specified under sub-paragraph (2)(b), the requirement under this paragraph has effect as a requirement to secure that access is allowed to the inspector at the earliest practicable time specified by the inspector after there cease to be such grounds.

• (4) An English inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.

• (5) In this paragraph “document” and “English inspector” have the same meanings as in paragraph 6 (and, for that purpose, the reference in paragraph (b) of the definition of “English inspector” in paragraph 6(9) to paragraph 6 is to be read as a reference to this paragraph).

8

• (1) If a person who has received a notice under paragraph 6 or 7—

• (a) fails or refuses without reasonable excuse to do what is required by the notice, or

• (b) (in the case of a notice under paragraph 6) knowingly or recklessly provides information in response to the notice that is false in a material respect,

the chief fire and rescue inspector for England may certify in writing to the High Court that the person has failed to comply with the notice.

• (2) The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court.

9

• (1) Where an English inspector, in exercise of the inspection function, receives information within sub-paragraph (2), the inspector must not disclose the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.

• (2) The information is—

• (a) intelligence service information;

• (b) information obtained from a government department which, at the time it is provided to the inspector, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—

• (i) cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or

• (ii) jeopardise the safety of any person.

• (3) Where an English inspector discloses to another person information within sub-paragraph (2) that the inspector received in exercise of the inspection function, or the fact that the inspector has received such information in exercise of the inspection function, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.

• (4) A prohibition on disclosure in sub-paragraph (1) or (3) does not apply to disclosure by one English inspector to another.

• (5) In this paragraph—

• “English inspector” includes—a person appointed under section 28(A5) as an assistant inspector or other officer;a person authorised by an English inspector to act on behalf of the inspector for the purposes of paragraph 6 or 7;

• “government department” means a department of Her Majesty’s Government but does not include—the Security Service,the Secret Intelligence Service, orthe Government Communications Headquarters (“GCHQ”);

• “intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—the Security Service,the Secret Intelligence Service, GCHQ, orany part of Her Majesty’s forces, or of the Ministry of Defence, which engages in intelligence activities;

• “Minister of the Crown” includes the Treasury;

• “relevant authority” means—in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service;in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty’s forces or the Ministry of Defence, the Secretary of State;in the case of information within sub-paragraph (2)(b)—the Secretary of State, orthe Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State).

Short title

10

• (1) A person who provides information that is intelligence service information to an English inspector exercising the inspection function must—

• (a) make the inspector aware that the information is intelligence service information, and

• (b) provide the inspector with such additional information as will enable the inspector to identify the relevant authority in relation to the information.

• (2) In this paragraph, “English inspector”, “intelligence service information” and “relevant authority” have the same meaning as in paragraph 9.

Changes to existing fire and rescue authorities

Boundaries of power under section 5A

Power to make provision supplemental to section 5A

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

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

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

Interpretation of Part 1

Limits on charging under section 18A(1)

Meaning of “emergency”

Provision of intelligence service information to English inspectors

21A

• (1) The Welsh Ministers may by regulations—

• (a) require a fire and rescue authority for an area in Wales to make a plan in relation to the exercise of the authority's functions;

• (b) impose requirements relating to such a plan.

• (2) The requirements which may be imposed under subsection (1)(b) include requirements about—

• (a) a plan's content;

• (b) its preparation and revision;

• (c) when it is to be made;

• (d) the period to which it is to relate;

• (e) its publication.

• (3) Requirements about a plan's content include requirements to—

• (a) set out an authority's priorities and objectives;

• (b) describe and explain the extent to which the plan reflects the Framework prepared by the Welsh Ministers under section 21;

• (c) set out actions the authority intends to take in relation to its priorities and objectives;

• (d) set out how the authority intends to assess its performance.

• (4) The Welsh Ministers may by regulations make provision (including imposing requirements on an authority) for the purposes of assessing or reporting on the performance of an authority.

• (5) Before making regulations under subsection (1) or (4) the Welsh Ministers—

• (a) must consult fire and rescue authorities for areas in Wales or persons who the Welsh Ministers consider represent those authorities;

• (b) must consult persons who the Welsh Ministers consider represent employees of fire and rescue authorities for areas in Wales;

• (c) may consult any other persons the Welsh Ministers consider appropriate.

Information in connection with pensions etc