Policing and Crime Act 2017

Schedule A1 (1) (1) A proposal for an order under section 4A (a “section 4A proposal”) must contain an assessment of why— (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. (2) If the proposal suggests that an order under section 4A should be combined with an order under section 4H (delegation to chief constable for police area), the proposal must set out the reasons for that suggestion. (2) (1) A relevant fire and rescue authority must cooperate with a relevant police and crime commissioner in the preparation of a section 4A proposal. (2) A relevant fire and rescue authority must, in particular, provide a relevant police and crime commissioner with such information held by the authority as the commissioner reasonably requires for the purposes of the preparation of the proposal. (3) Sub-paragraph (2) does not require the authority to provide information if to do so would breach— (a) any obligation of confidence owed by the authority, or (b) any other restriction on the disclosure of information (however imposed). (4) Sub-paragraphs (1) and (2) do not apply if the proposal is for an order to create a fire and rescue authority for an area which, before the order is made, contains only the areas of two or more fire and rescue authorities created by order under section 4A. (3) (1) Before submitting a section 4A proposal to the Secretary of State, a relevant police and crime commissioner must— (a) consult each relevant local authority about the proposal, (b) consult people in the commissioner's police area about the proposal, (c) consult each of the following about the proposal— (i) persons appearing to the commissioner to represent employees who may be affected by the proposal; (ii) persons appearing to the commissioner to represent members of a police force who may be so affected, and (d) publish, in such manner as the commissioner thinks appropriate, the commissioner's response to the representations made or views expressed in response to those consultations. (2) Each consultation under sub-paragraph (1) is to be carried out in such manner as the relevant police and crime commissioner thinks appropriate. (4) (1) Sub-paragraphs (2) to (4) apply if, in response to a consultation by a relevant police and crime commissioner under paragraph 3(1)(a), a relevant local authority indicates that it does not support a section 4A proposal. (2) The commissioner must, in submitting the proposal to the Secretary of State, provide the Secretary of State with— (a) copies of each document provided by the commissioner for the purposes of paragraph 3, (b) copies of each representation made by a relevant local authority in response, (c) a summary of the views expressed by people in the commissioner's police area about the proposal, (d) a summary of the views expressed about the proposal by persons consulted under paragraph 3(1)(c), and (e) the commissioner's response to those representations and views. (3) The Secretary of State must— (a) obtain an independent assessment of the proposal, and (b) have regard to that assessment and to the material provided to the Secretary of State under sub-paragraph (2) in deciding whether to make an order under section 4A in response to the proposal. (4) The Secretary of State must publish the independent assessment— (a) as soon as is reasonably practicable after making a determination in response to the proposal, and (b) in such manner as the Secretary of State thinks appropriate. (5) (1) Subject to sub-paragraphs (2) and (3), the Secretary of State may, in making an order under section 4A, give effect to the proposal for the order with such modifications as the Secretary of State thinks appropriate. (2) If paragraph 1 (2) applies to the proposal, the Secretary of State may not in response to the proposal make an order under section 4A which is not combined with an order under section 4H. (3) Before making an order which gives effect to the proposal for the order with modifications, the Secretary of State must consult the following on the modifications— (a) the relevant police and crime commissioner; (b) each relevant local authority. (6) (1) In this Schedule “section 4A proposal” has the meaning given by paragraph 1 (1). (2) In this Schedule “relevant police and crime commissioner”, in relation to a section 4A proposal, means a police and crime commissioner— (a) whose police area is the same as, or contains all of, the area of the fire and rescue authority proposed to be created by the order, or (b) all or part of whose police area falls within the area of that fire and rescue authority. (3) Any changes to the police areas contained in the proposal are to be disregarded in determining who is a relevant police and crime commissioner for the purposes of sub-paragraph (2). (4) If there is more than one relevant police and crime commissioner in relation to a section 4A proposal, references in this Schedule to the relevant police and crime commissioner are to all of those police and crime commissioners acting jointly. (5) In this Schedule “relevant fire and rescue authority”, in relation to a section 4A proposal prepared by a police and crime commissioner, means a fire and rescue authority— (a) whose area is the same as, or contains all of, the police area of the police and crime commissioner, or (b) all or part of whose area falls within the police area of the police and crime commissioner. (6) In this Schedule “relevant local authority”, in relation to a section 4A proposal, means a local authority— (a) whose area is the same as, or contains all of, the area of the fire and rescue authority proposed to be created by the order, or (b) all or part of whose area falls within the area of that fire and rescue authority. (7) In sub-paragraph (6) “local authority” means— (a) a county council, (b) a district council for an area for which there is no county council, (c) the Council of the Isles of Scilly, or (d) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 which exercises the functions of a fire and rescue authority by virtue of section 105 or 105A of that Act. (7) (1) This paragraph makes provision about the application of this Schedule to an order under section 4H which is not combined, or proposed to be combined, with an order under section 4A (a “section 4H order”). (2) Subject as follows, this Schedule applies to a section 4H order as it applies to an order under section 4A. (3) The following provisions of this Schedule do not apply in relation to a section 4H order— (a) paragraph 1(2); (b) paragraph 5(2); (c) paragraph 6. (4) In the application of this Schedule to a section 4H order— (a) “relevant police and crime commissioner” means the police and crime commissioner for the police area— (i) which corresponds to the area of the fire and rescue authority to which the order relates, or (ii) within which the area of that fire and rescue authority falls; (b) “relevant fire and rescue authority” means that fire and rescue authority, and (c) “relevant local authority” means a local authority (within the meaning of paragraph 6(7))— (i) whose area is the same as, or contains all of, the area of that fire and rescue authority, or (ii) all or part of whose area falls within the area of that fire and rescue authority. Schedule A1 (1) (1) This Schedule makes provision about the application of certain enactments relating to police and crime commissioners to a relevant fire and rescue authority. (2) In this Schedule— - “relevant chief constable”, in relation to a relevant fire and rescue authority, means the chief constable of a police force (if any) to whom functions of the authority have been delegated under provision made under section 4H; - “relevant fire and rescue authority” means a fire and rescue authority created by an order under section 4A; - “relevant police and crime panel”, in relation to a relevant fire and rescue authority, means the police and crime panel for the police area— 1. which corresponds to the area of the fire and rescue authority, or 2. within which the area of the fire and rescue authority falls. (3) In this Schedule “fire and rescue plan” means a document which— (a) is prepared and published by a relevant fire and rescue authority in accordance with the Fire and Rescue National Framework, and (b) sets out the authority's priorities and objectives, for the period covered by the document, in connection with the discharge of the authority's functions. (4) In this Schedule “fire and rescue statement” means a document which— (a) is prepared and published by a relevant fire and rescue authority in accordance with the Fire and Rescue National Framework, and (b) contains a statement of the way in which the authority has had regard, in the period covered by the document, to the Framework and to any fire and rescue plan prepared by the authority for that period. (2) (1) Subsections (1), (1B), (2), (5A) and (5B) of section 96 of the Police Act 1996 (arrangements for obtaining the views of the community on policing) 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 each police area were to each area of a relevant fire and rescue authority, (b) in that subsection, for paragraphs (a) and (b) and the words following those paragraphs there were substituted “ the views of people in that area about fire and rescue services ”, (c) in subsections (1B) and (5A) the references to a police area listed in Schedule 1 to that Act were to the area of a relevant fire and rescue authority, (d) the reference in subsection (2) to the police area were to the area of the relevant fire and rescue authority, and (e) the reference in that subsection to the chief officer of police for that police area were to the relevant chief constable. (3) (1) Subsections (6) to (12) of section 5 of the Police Reform and Social Responsibility Act 2011 (scrutiny of police and crime plans) 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) references to a police and crime plan were to a fire and rescue plan, (b) references to the relevant chief constable (within the meaning of that section) were to the relevant chief constable (within the meaning of this Schedule), (c) references 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), (d) in subsection (9), paragraph (b)(ii) and the words following that paragraph were omitted, and (e) in subsection (10)(a) the words from “and to each” to “relevant police area” were omitted. (4) (1) Section 11 of the Police Reform and Social Responsibility Act 2011 (information for public etc) applies in relation to a relevant fire and rescue authority as it applies in relation to an elected local policing body, subject to sub-paragraph (2). (2) As applied by sub-paragraph (1), that section has effect as if— (a) references to the relevant chief officer of police were to the relevant chief constable, and (b) references to the chief officer's functions were to the relevant chief constable's fire and rescue functions. (5) (1) Subsections (2) to (5) of section 12 of the Police Reform and Social Responsibility Act 2011 (annual reports) 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) references to an annual report were to a fire and rescue statement, and (b) references 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). (6) (1) Section 13 of the Police Reform and Social Responsibility Act 2011 (information for police and crime panels) applies in relation to a relevant fire and rescue authority as it applies in relation to an elected local policing body, subject to sub-paragraph (2). (2) As applied by sub-paragraph (1), that section has effect as if— (a) references 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), and (b) in subsection (2), paragraphs (a) to (c) were omitted. (7) (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, (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.

Part 2 — Amendments to other Acts

Fire Services Act 1947 (c. 41)

14

In section 26 of the Fire Services Act 1947 (firefighters' pension scheme) (as continued in force by order under section 36 of the Fire and Rescue Services Act 2004) after subsection (5) insert—

(5A) References in this section to employment as a member of a fire brigade or on duties connected with the provision of fire services include employment by the chief constable of the police force for a police area as a result of— (a) a transfer to the chief constable under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004, or (b) an appointment by the chief constable under section 4I(4) of that Act. (5B) References in this section to a fire authority include the chief constable of the police force for a police area who employs persons as mentioned in subsection (5A).

Landlord and Tenant Act 1954 (c. 56)

15

In section 69(1) of the Landlord and Tenant Act 1954 (interpretation) in the definition of “local authority” for “or a combined authority established under section 103 of that Act” substitute “ , a combined authority established under section 103 of that Act or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.

Local Government Act 1966 (c. 42)

16

In section 11 of the Local Government Act 1966 (grants for certain expenditure due to ethnic minority population) in subsection (2) (bodies to which the section applies) after “This section shall apply to” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

Leasehold Reform Act 1967 (c. 88)

17

The Leasehold Reform Act 1967 is amended as follows.

18

In section 28 (retention or resumption of land required for public purposes) in subsection (5)(a) (application to local authorities) after “any combined authority established under section 103 of that Act,” insert “ any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

19

In Schedule 4A (exclusion of certain shared ownership leases) in paragraph 2(2) (leases granted by certain local authorities: bodies to which the exclusion applies) after paragraph (b) insert—

(ba) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

.

Local Government Grants (Social Need) Act 1969 (c. 2)

20

In section 1 of the Local Government Grants (Social Need) Act 1969 (grants for special social needs) in subsection (3) (meaning of “local authority”) after “shall also include” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

21

In section 3(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance: employers to which the exemption applies) after “a combined authority established under section 103 of that Act,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

Local Authorities (Goods and Services) Act 1970 (c. 39)

22

In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) in subsection (4) (interpretation) after “any combined authority established under section 103 of that Act,” insert “ any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

Local Government Act 1972 (c. 70)

23

The Local Government Act 1972 is amended as follows.

24

In section 120 (acquisition of land by agreement) after subsection (3A) insert—

(3B) A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 is to be treated as a principal council for the purposes of this section (apart from subsection (1)(b)).

25

In section 138C(1) (application of provisions about religious etc observance and involvement with religious etc events) after paragraph (p) insert—

(pa) a fire and rescue authority created by an order under section 4A of that Act, but only for the purposes of section 138B;

.

26

In section 222 (power of local authority to prosecute or defend legal proceedings) in subsection (2) (application to bodies other than local authorities) after “the Common Council” insert “ and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.

27

In section 223 (appearance of local authorities in legal proceedings) in subsection (2) (application to bodies other than local authorities) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

28

In section 229 (photographic copies of documents) in subsection (8) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

29

In section 231 (service of notices on local authorities, etc) in subsection (4) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

30

In section 232 (public notices) in subsection (1A) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

31

In section 233 (service of notices by local authorities) in subsection (11) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

32

In section 234 (authentication of documents) in subsection (4) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

Employment Agencies Act 1973 (c. 35)

33

In section 13(7) of the Employment Agencies Act 1973 (activities to which the Act does not apply) after paragraph (fh) insert—

(fi) the exercise by a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 of any of its functions;

.

Local Government Act 1974 (c. 7)

34

In section 25(1) of the Local Government Act 1974 (authorities subject to investigation) after paragraph (bg) insert—

(bh) a fire and rescue authority created by an order under section 4A of that Act;

.

Health and Safety at Work etc Act 1974 (c. 37)

35

In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information: meaning of local authority) after “a combined authority established under section 103 of that Act” insert “ , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

36

In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1) in paragraph (a) of the definition of “local authority” after “a combined authority established under section 103 of that Act” insert “ , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.

Rent (Agriculture) Act 1976 (c. 80)

37

In section 5(3) of the Rent (Agriculture) Act 1976 (tenancies which are not statutory tenancies) after paragraph (bbb) insert—

(bbc) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

.

Rent Act 1977 (c. 42)

38

In section 14(1) of the Rent Act 1977 (tenancies which are not protected tenancies) after paragraph (cc) insert—

(cd) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

.

Protection from Eviction Act 1977 (c. 43)

39

In section 3A(8)(a) of the Protection from Eviction Act 1977 (excluded tenancies and licences: licences to occupy local authority etc hostels) after “the Inner London Education Authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

Local Government, Planning and Land Act 1980 (c. 65)

40

The Local Government, Planning and Land Act 1980 is amended as follows.

41

In section 99 (disposal of land at direction of Secretary of State - supplementary) in subsection (4) (authorities who may make representations about directions) after paragraph (dbb) insert—

(dbc) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

.

42

In Schedule 16 (bodies to whom Part 10 applies) after paragraph 5BC insert—

(5BD) A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.

Acquisition of Land Act 1981 (c. 67)

43

In section 17(4) of the Acquisition of Land Act 1981 (local authority and statutory undertakers' land: interpretation) in paragraph (a) of the definition of “local authority” after “the Common Council of the City of London,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

44

The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.

45

In section 33 (enforceability by local authorities of certain covenants relating to land) in subsection (9)(a) (meaning of “principal council”) after “the London Residuary Body,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

46

In section 41 (lost and uncollected property) in subsection (13) (interpretation) in the definition of “local authority” after paragraph (ezb) insert—

(ezc) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

.

47

In section 45 (arrangements under Employment and Training Act 1973) in subsection (2) (local authorities to which section applies) after paragraph (c) (but before the “and” at the end of that paragraph) insert—

(ca) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

.

County Courts Act 1984 (c. 28)

48

In section 60(3) of the County Courts Act 1984 (right of audience of local authority: interpretation) in the definition of “local authority” after “a combined authority established under section 103 of that Act,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

Housing Act 1985 (c. 68)

49

In section 4(1)(e) of the Housing Act 1985 (other descriptions of authority: local authorities) after “a combined authority” in both places insert “ , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.

Landlord and Tenant Act 1985 (c.70)

50

In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the definition of “local authority” after “a combined authority established under section 103 of that Act” insert “ , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.

Local Government Act 1986 (c. 10)

51

The Local Government Act 1986 is amended as follows.

52

In section 6(2)(a) (meaning of “local authority” for the purposes of Part 2) after the entry relating to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 insert—

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,

.

53

In section 9(1)(a) (meaning of “local authority” for the purposes of Part 3) after the entry relating to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 insert—

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,

.

Landlord and Tenant Act 1987 (c.31)

54

In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) in paragraph (a) (local authorities) after “the Common Council of the City of London,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

Local Government Act 1988 (c. 9)

55

In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities) in the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 and other fire and rescue authorities, after “applies” insert “ , a fire and rescue authority created by an order under section 4A of that Act ”.

Housing Act 1988 (c. 50)

56

The Housing Act 1988 is amended as follows.

57

In section 74(8) (transfer of land etc to housing action trusts: meaning of “local authority”) after paragraph (fb) insert—

(fc) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

.

58

In Part 1 of Schedule 1 (tenancies which cannot be assured tenancies) in paragraph 12(2) (local authority tenancies: meaning of “local authority”) after paragraph (e) insert—

(ea) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

.

Road Traffic Act 1988 (c. 52)

59

In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from the requirement for third party insurance) after “the Inner London Education Authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

Local Government and Housing Act 1989 (c. 42)

60

The Local Government and Housing Act 1989 is amended as follows.

61

In section 1(9) (meaning of politically restricted post under a local authority) at the end insert “ , and every member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004. ”

62

• (1) Section 4 (designation and reports of head of paid service) is amended as follows.

• (2) In subsection (4) after paragraph (a) insert—

(aa) in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area— (i) which corresponds to the authority's area, or (ii) within which the area of the authority falls;

.

• (3) After subsection (5A) insert—

(5B) It shall be the duty of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 to consider any report under this section by the head of the authority's paid service and to do so no later than three months after the authority is sent a copy of the report.

• (4) In subsection (6)(a) for “and an elected local policing body” substitute “ , an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.

63

• (1) Section 5 (designation and reports of monitoring officer) is amended as follows.

• (2) In subsection (3) after the second paragraph (a) insert—

(aa) in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area— (i) which corresponds to the authority's area, or (ii) within which the area of the authority falls;

.

• (3) In subsection (5)(a) after sub-paragraph (i) insert—

(ia) in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, no later than three months after the authority is sent a copy of the report;

.

• (4) In subsection (8)—

• (a) in the definition of “chief finance officer” after “Schedule 1 to the Police Reform and Social Responsibility Act 2011” insert “ , section 4D(4) of the Fire and Rescue Services Act 2004 ”, and

• (b) in paragraph (a) of the definition of “relevant authority” for “and an elected local policing body” substitute “ , an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.

64

In section 21 (interpretation of Part 1) after subsection (1) insert—

(1A) In section 7 references to a local authority include a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004. (1B) In the application of section 1(1) to a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 by virtue of subsection (1A) the reference to being or remaining a member of a local authority is to be read as a reference to becoming or remaining such an authority.

65

In section 152(2) (meaning of “relevant authority” for the purposes of sections 150 and 151) after paragraph (f) insert—

(fa) a fire and rescue authority created by an order under section 4A of that Act;

.

66

In section 155(4) (emergency financial assistance to local authorities: meaning of “local authority”) after paragraph (h) insert—

(ha) a fire and rescue authority created by an order under section 4A of that Act;

.

67

Until the coming into force of the repeal of section 67 of the Local Government and Housing Act 1989 (application of provisions about companies in which local authorities have interests) by the Local Government and Public Involvement in Health Act 2007, subsection (3) of that section has effect as if after paragraph (h) there were inserted—

(ha) a fire and rescue authority created by an order under section 4A of that Act;

.

Town and Country Planning Act 1990 (c. 8)

68

The Town and Country Planning Act 1990 is amended as follows.

69

In section 252 (procedures for highways orders) in the definition of “local authority” in subsection (12) after “a combined authority established under section 103 of that Act,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.

70

In Schedule 14 (procedure for footpaths and bridleway orders) in paragraph 1(3) (meaning of “council”) for “or a combined authority established under section 103 of that Act” substitute “ , a combined authority established under section 103 of that Act or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.

Local Government Finance Act 1992 (c. 14)

71

• (1) The Local Government Finance Act 1992 is amended as follows.

• (2) In section 39(1) (major precepting authorities) after paragraph (da) insert—

(db) a fire and rescue authority created by an order under section 4A of that Act;

.

• (3) In section 65(3) (duty of relevant authority to consult ratepayers: meaning of “relevant authority”) after “apart from a police and crime commissioner” insert “ or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004. ”.

Local Government (Overseas Assistance) Act 1993 (c. 25)

72

In section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance) in subsection (10) (other bodies) after paragraph (a) insert—

(aa) a fire and rescue authority created by an order under section 4A of that Act;

.

Deregulation and Contracting Out Act 1994 (c. 40)

73

The Deregulation and Contracting Out Act 1994 is amended as follows.

74

In section 70(1ZB) (functions of local authorities: application to certain fire and rescue authorities) after “applies” insert “ or a fire and rescue authority created by an order under section 4A of that Act ”.

75

In section 79A (local authorities in England) after paragraph (n) insert—

(na) a fire and rescue authority created by an order under section 4A of that Act;

.

Police Act 1996 (c. 16)

76

In section 63 of the Police Act 1996 (Police Advisory Board for England and Wales), at the end insert—

(4) Section 4K of the Fire and Rescue Services Act 2004 also imposes a requirement on the Secretary of State to consult the Police Advisory Board for England and Wales.

Crime and Disorder Act 1998 (c. 37)

77

The Crime and Disorder Act 1998 is amended as follows.

78

In section 5(5) (authorities responsible for strategies: interpretation) in the definition of “fire and rescue authority” after paragraph (a) insert—

(aa) a fire and rescue authority created by an order under section 4A of that Act;

.

79

In section 17(2) (duty to consider crime and disorder implications: authorities to which duty applies) after the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies insert—

a fire and rescue authority created by an order under section 4A of that Act;

.

80

In section 115(2) (disclosure of information: meaning of relevant authority) after paragraph (i) insert—

(ia) a fire and rescue authority created by an order under section 4A of that Act;

.

Freedom of Information Act 2000 (c. 36)

81

In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: local government) after paragraph 14 insert—

(14A) A fire and rescue authority created by an order under section 4A of that Act.

Police Reform Act 2002 (c. 30)

82

In section 38 of the Police Reform Act 2002 (police powers for civilian staff) after subsection (11) insert—

(11A) In the case of a police force maintained for a police area in England in accordance with section 2 of the Police Act 1996, the following are also relevant employees for the purposes of this section— (a) any member of staff transferred to the chief constable of the police force under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004 (transfer of property, rights and liabilities to chief constable to whom fire functions of a fire and rescue authority may be delegated); (b) any member of staff appointed by that chief constable under section 4I(4) of that Act (appointment of staff by chief constable to whom fire functions of a fire and rescue authority may be delegated).

Local Government Act 2003 (c. 26)

83

• (1) The Local Government Act 2003 is amended as follows.

• (2) In section 23(1) (local authorities to which the provisions about capital finance etc and accounts apply) after paragraph (m) insert—

(ma) a fire and rescue authority created by an order under section 4A of that Act;

.

• (3) In section 33(1) (expenditure grant: interpretation) after paragraph (l) insert—

(la) a fire and rescue authority created by an order under section 4A of that Act;

.

• (4) In section 95(7) (power to trade in function-related activities through a company: interpretation) in the definition of “relevant authority” after paragraph (ab) insert—

(ac) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

.

• (5) In section 97(11) (power to modify enactments in connection with charging or trading: interpretation) in the definition of “relevant authority” after paragraph (aa) insert—

(ab) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

.

Local Government and Public Involvement in Health Act 2007 (c. 28)

84

In section 104 of the Local Government and Public Involvement in Health Act 2007 (partner authorities) in subsection (5) (meaning of “fire and rescue authority”) after paragraph (a) insert—

(aa) a fire and rescue authority created by an order under section 4A of that Act;

.

Equality Act 2010 (c. 15)

85

In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) after the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies insert—

A fire and rescue authority created by an order under section 4A of that Act.

Police Reform and Social Responsibility Act 2011 (c. 13)

86

The Police Reform and Social Responsibility Act 2011 is amended as follows.

87

• (1) Section 1 (police and crime commissioners) is amended as follows.

• (2) In subsection (3) for “The” substitute “ Unless subsection (3B) applies, the ”.

• (3) After subsection (3) insert—

(3A) Subsection (3B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area. (3B) In that case the name of the police and crime commissioner is “the Police, Fire and Crime Commissioner for” with the addition of the name of the police area.

88

In section 5 (police and crime commissioner to issue police and crime plan) after subsection (5) insert—

(5A) Subsections (5B) to (5E) apply to a police and crime commissioner for a police area— (a) which corresponds to the area of a fire and rescue authority created by an order under section 4A, or (b) within which the area of such a fire and rescue authority falls. (5B) Subject to subsection (5E), in issuing or varying a police and crime plan, the police and crime commissioner must have regard to— (a) the current Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004, and (b) the last document prepared and published by the fire and rescue authority in accordance with that Framework which sets out the authority's priorities and objectives, for the period covered by the document, in connection with the discharge of the authority's functions. (5C) A police and crime plan which the police and crime commissioner is required to prepare may be prepared jointly by the commissioner and the fire and rescue authority. (5D) If the police and crime commissioner and the fire and rescue authority prepare a joint police and crime plan, the plan must also set out the fire and rescue authority's priorities and objectives, for the period of the plan, in connection with the discharge of the authority's functions. (5E) Subsection (5B)(b) does not apply to a joint police and crime plan.

89

In section 28 (police and crime panels outside London) after subsection (1) insert—

(1A) Subsection (1B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area. (1B) The police and crime panel for the police area is to be known as “the Police, Fire and Crime Panel”.

90

In section 66 (disqualification from election or holding office as police and crime commissioner: other grounds) after subsection (9) insert—

(10) Subsection (11) applies to the police and crime commissioner for a police area if, by virtue of an order under section 4A of the Fire and Rescue Services Act 2004, the person who is for the time being the commissioner for that area is also the fire rescue authority for an area which corresponds to or falls within the police area. (11) A person is disqualified from being elected as, or being, that police and crime commissioner if the person is employed by— (a) a fire and rescue authority within section 1(2) or (3) of the Fire and Rescue Services Act 2004, (b) a fire and rescue authority constituted by a scheme under section 2 of that Act or a scheme to which section 4 of that Act relates, or (c) a fire and rescue authority created by an order under section 4A of that Act.

91

In Schedule 1 (police and crime commissioners) in paragraph 2 (salary etc) after sub-paragraph (3) insert—

(4) Where the person who is the police and crime commissioner for a police area is also a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, a determination under this paragraph in relation to that person may, in particular, take account of the fact that the person also exercises functions as that fire and rescue authority.

92

• (1) Schedule 6 (police and crime panels) is amended as follows.

• (2) In paragraph 4(6) (functions of panels) at the end insert “ or by, or by virtue of, the Fire and Rescue Services Act 2004. ”

• (3) In paragraph 22 (co-opted members of police and crime panels)—

• (a) the existing paragraph becomes sub-paragraph (1), and

• (b) at the end of that sub-paragraph insert—

(2) Sub-paragraph (3) applies (as well as sub-paragraph (1)) in relation to a police and crime panel for a police area which, under or by virtue of the Fire and Rescue Services Act 2004, exercises functions in relation to a fire and rescue authority. (3) A person may not be a co-opted member of the panel if the person is— (a) a member of staff of the fire and rescue authority, or (b) if an order under section 4H of that Act is in force in relation to that authority, a member of staff of the chief constable of the police force for the police area who has been— (i) transferred to the chief constable under a scheme made under subsection 4I(1) of that Act, or (ii) appointed by the chief constable under section 4I(4) of that Act.

• (4) In paragraph 27 (exercise of special functions) after sub-paragraph (2) insert—

(3) The references in sub-paragraph (2) to section 28(3) and (4) and Schedule 5 include those provisions as applied in relation to a fire and rescue authority by virtue of Schedule A2 to the Fire and Rescue Services Act 2004.

• (5) After paragraph 32 insert—

(32A) (1) Sub-paragraph (2) applies in relation to a police and crime panel for a police area if— (a) a fire and rescue authority is created by an order under section 4A of the Fire and Rescue Services Act 2004, and (b) the area of the fire and rescue authority is the same as, or falls within, the police area. (2) Each person listed in sub-paragraph (3)— (a) must consider whether the person could exercise a function conferred on the person by or by virtue of this Schedule to enable the fire and rescue expertise objective to be met or to contribute to that objective being met, and (b) if the person considers that the person could exercise such a function to that end, must do so. (3) Those persons are— (a) the panel, (b) a relevant local authority, and (c) the Secretary of State. (4) The “fire and rescue expertise objective” referred to in this paragraph is the objective that members of the panel (when taken together) have the skills, knowledge and experience necessary for the panel effectively to discharge its functions in relation to the fire and rescue authority.

93

In Schedule 8 (appointment, suspension and removal of senior police officers) in paragraph 2 (no appointment until end of confirmation process)—

• (a) in sub-paragraph (1A) for “A person” substitute insert “ Subject to sub-paragraph (1AA), a person ”, and

• (b) after sub-paragraph (1A) insert—

(1AA) Where, under an order under section 4H of the Fire and Rescue Services Act 2004, functions of a fire and rescue authority are delegated to the chief constable of the police force for a police area, a person is eligible for appointment as that chief constable if the person— (a) has experience at a senior level in the provision of services provided under the Fire and Rescue Services Act 2004, and (b) has undertaken training in relation to policing matters of a kind that is specified by the College of Policing for the purposes of this paragraph.

Localism Act 2011 (c. 20)

94

• (1) The Localism Act 2011 is amended as follows.

• (2) In section 41(3) (power of fire and rescue authority to appoint officers and employees to be subject to pay policy statement) after “43(1)(i)” insert “ or (j) ”.

• (3) In section 43(1) (meaning of “relevant authority” for purposes of provisions on pay accountability)—

• (a) omit the “or” at the end of paragraph (h), and

• (b) at the end of paragraph (i) insert

, or (j) in relation only to sections 38, 40 and 41 and this section, a fire and rescue authority created by an order under section 4A of that Act.

Public Service Pensions Act 2013 (c. 25)

95

In Schedule 1 to the Public Service Pensions Act 2013 (persons in public service: definitions) in paragraph 6 (fire and rescue workers) for the “or” at end of paragraph (a) substitute—

(aa) the chief constable of the police force for a police area having been— (i) transferred to the chief constable under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004, or (ii) appointed by the chief constable under section 4I(4) of that Act, or

.

Energy Act 2013 (c. 32)

96

In Part 3 of Schedule 9 to the Energy Act 2013 (protected information: permitted disclosures and restrictions on use) in paragraph 14(3) (local authorities and water authorities: interpretation) in the definition of “local authority” after paragraph (d) insert—

(da) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

.

Local Audit and Accountability Act 2014 (c. 2)

97

• (1) The Local Audit and Accountability Act 2014 is amended as follows.

• (2) In Schedule 2 (relevant authorities) after paragraph 22 insert—

(22A) A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.

• (3) In Schedule 7 (reports and recommendations by local auditor) in paragraph 5(7) (duty of certain authorities to consider report or recommendation) for “or the Mayor's Office for Policing and Crime” substitute “ , the Mayor's Office for Policing and Crime or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.

SCHEDULE 2

Part 1 — Amendments to the Greater London Authority Act 1999

1

The Greater London Authority Act 1999 is amended as follows.

2

In section 21 (disqualification from being the Mayor or an Assembly member) after subsection (1) insert—

(1A) Subsection (1)(a) does not prevent a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire, from being elected as or being an Assembly member.

3

In section 31(1) (limits of the Authority's general power) for paragraph (c) substitute—

(c) the London Fire Commissioner.

4

• (1) Section 45 (the Mayor's periodic report to the Assembly) is amended as follows.

• (2) In subsection (6) omit “except as provided by subsection (7) below.”

• (3) Omit subsections (7) and (8).

5

• (1) Section 60A (confirmation hearings etc for specified appointments by the Mayor) is amended as follows.

• (2) In subsection (3) (offices to which section 60A applies)—

• (a) before the entry for the chairman or deputy chairman of Transport for London insert—

London Fire Commissioner (see section 327A); person appointed by the Mayor under section 67(1)(b) as the Deputy Mayor for Fire;

, and

• (b) omit the entry for the chairman of the London Fire and Emergency Planning Authority.

• (3) After subsection (4) insert—

(4A) This section also applies in any case where the Mayor proposes to designate as the Deputy Mayor for Fire a person appointed under section 67(1)(b). (4B) References in section 327H and Schedule 4A to appointment of a person as the Deputy Mayor for Fire (however expressed) include such a designation.

6

• (1) Section 61 (power to require attendance at Assembly meetings) is amended as follows.

• (2) In subsection (11) omit “, except as provided by subsection (12) below,”.

• (3) Omit subsections (12) and (13).

7

In section 67(1)(b) (power of Mayor to appoint ten members of staff in addition to the Mayor's political advisers) for “ten” substitute “ eleven ”.

8

In section 68 (disqualification and political restriction) after subsection (3) insert—

(3A) Subsections (1) and (2) above do not prevent a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire, from becoming or remaining a member of the Assembly or any other local authority within the meaning of sections 1, 2 and 3A of the Local Government and Housing Act 1989.

9

In section 70 (terms and conditions of employment) after subsection (7) insert—

(7A) Subsection (3) does not prevent— (a) a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or (b) a person appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire, from being required to perform any work or services as an Assembly member.

10

After Part 6 insert—

(327A) (1) There is to be a London Fire Commissioner. (2) The London Fire Commissioner is a corporation sole. (3) The Mayor is to appoint the London Fire Commissioner. (4) The London Fire Commissioner has— (a) the functions of the fire and rescue authority for Greater London under the Fire and Rescue Services Act 2004, and (b) the other functions conferred on the Commissioner by or by virtue of any other enactment. (5) The London Fire Commissioner must secure that the London Fire and Rescue Service is efficient and effective. (6) In subsection (5) “the London Fire and Rescue Service” means the personnel, services and equipment secured by the London Fire Commissioner for the purposes of the carrying out of the Commissioner's functions under— (a) section 6 of the Fire and Rescue Services Act 2004 (fire safety), (b) section 7 of that Act (fire-fighting), (c) section 8 of that Act (road traffic accidents), (d) any order under section 9 of that Act (emergencies) which applies to the Commissioner, or (e) any other provision of or made under an enactment which confers functions on a fire and rescue authority. (7) The Mayor must hold the London Fire Commissioner to account for the exercise of the Commissioner's functions. (8) Schedule 27A makes further provision about the London Fire Commissioner. (327B) (1) A person may not be appointed as the London Fire Commissioner unless the person has reached the age of 18. (2) A person is disqualified from being appointed as, or being, the London Fire Commissioner if the person is a member of the Assembly or a London borough council. (3) A person is disqualified from being appointed as, or being, the London Fire Commissioner if— (a) the person is the subject of— (i) a debt relief restrictions order under paragraph 1 of Schedule 4ZB to the Insolvency Act 1986, (ii) an interim debt relief restrictions order under paragraph 5 of that Schedule, (iii) a bankruptcy restrictions order under paragraph 1 of Schedule 4A to that Act, or (iv) a bankruptcy restrictions interim order under paragraph 5 of that Schedule, (b) a debt relief restrictions undertaking has effect in respect of the person under paragraph 7 of Schedule 4ZB to that Act, (c) the person has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any imprisonable offence (whether or not sentenced to a term of imprisonment in respect of the offence), or (d) the person is incapable of being elected as a member of the House of Commons, or is required to vacate a seat in the House of Commons, under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices). (4) For the purposes of subsection (3)(c) “an imprisonable offence” means an offence— (a) for which a person who has reached the age of 18 may be sentenced to a term of imprisonment, or (b) for which, in the case of such a person, the sentence is fixed by law as life imprisonment. (5) For the purposes of subsection (3)(c) a person is to be treated as having been convicted— (a) on the expiry of the ordinary period allowed for an appeal or application in respect of the conviction, or (b) if an appeal or application is made in respect of the conviction, when the appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution. (327C) (1) The Mayor may with the approval of the Secretary of State suspend the London Fire Commissioner from duty. (2) If the Mayor suspends the London Fire Commissioner from duty, the Mayor must notify the Secretary of State of the suspension. (3) The Mayor may, subject to subsections (5) and (6), and with the approval of the Secretary of State, call upon the London Fire Commissioner to resign or retire. (4) The London Fire Commissioner must resign or retire if called upon to do so in accordance with subsection (3). (5) Before calling upon the London Fire Commissioner to resign or retire, the Mayor must— (a) give the Commissioner a written explanation of the reasons why the Mayor is proposing to call for the Commissioner's resignation or retirement, (b) give the Commissioner the opportunity to make written representations about the proposal to call for the Commissioner's resignation or retirement, and (c) consider any written representations made by the Commissioner. (6) The Mayor must comply with subsection (5) before seeking the approval of the Secretary of State to call upon the London Fire Commissioner to resign or retire. (327D) (1) The Mayor may issue to the London Fire Commissioner— (a) guidance as to the manner in which the Commissioner is to exercise the Commissioner's functions, (b) general directions as to the manner in which the Commissioner is to exercise the Commissioner's functions, or (c) specific directions as to the exercise of the Commissioner's functions. (2) Directions issued by the Mayor under subsection (1)(c) above may include a direction not to exercise a power specified in the direction. (3) The guidance or directions which may be issued by the Mayor under subsection (1) above include guidance or directions as to the manner in which the London Fire Commissioner— (a) is to perform any of the Commissioner's duties, or (b) is to conduct any legal proceedings. (4) In exercising any power conferred by this section, the Mayor must have regard to— (a) the Fire and Rescue National Framework, and (b) fire safety enforcement guidance. (5) In this section— - “the Fire and Rescue National Framework” means the Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004; - “fire safety enforcement guidance” means guidance under article 26 (enforcement) of the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) given by the Secretary of State to the London Fire Commissioner in the Commissioner's capacity as an enforcing authority for the purposes of that Order. (327E) (1) This section applies if the Secretary of State thinks that any guidance or directions (“the inconsistent guidance or directions”) issued under section 327D by the Mayor are inconsistent with— (a) the Fire and Rescue National Framework, or (b) fire safety enforcement guidance. (2) In order to remove the inconsistency, the Secretary of State may direct the Mayor— (a) to make such revisions of the inconsistent guidance or directions as may be specified by the Secretary of State in the direction, or (b) if the inconsistency arises from a specific direction under section 327D(1)(c) above, to revoke the direction. (3) Any direction given by the Secretary of State under subsection (2) above must specify or otherwise identify the inconsistency in question. (4) The Mayor must comply with any direction under subsection (2) above. (5) In this section “the Fire and Rescue National Framework” and “fire safety enforcement guidance” have the same meanings as in section 327D. (327F) (1) The Mayor may arrange for the Deputy Mayor for Fire to exercise any function of the Mayor relating to fire and rescue. (2) In this Part “the Deputy Mayor for Fire” means— (a) a person who has been appointed by the Mayor under section 67(1)(b) as the Deputy Mayor for Fire, or (b) a person who has been appointed by the Mayor under section 67(1)(b) and designated by the Mayor as the Deputy Mayor for Fire. (3) In subsection (1) the reference to the functions of the Mayor relating to fire and rescue are to the Mayor's functions under— (a) section 327A(7) (duty to hold London Fire Commissioner to account), and (b) section 327D(1) (power to give guidance and directions to the London Fire Commissioner). (4) Section 327E applies in relation to the exercise of functions under section 327D(1) by the Deputy Mayor for Fire as it applies in relation to their exercise by the Mayor. (327G) (1) This section applies to a document which is prepared and published by the London Fire Commissioner in accordance with the Fire and Rescue National Framework and which— (a) sets out the Commissioner's priorities and objectives, for the period covered by the document, in connection with the discharge of the Commissioner's functions, or (b) contains a statement of the way in which the Commissioner has had regard, in the period covered by the document, to the Framework and to any document within paragraph (a) prepared by the Commissioner for that period. (2) The Commissioner must, before publishing the document or any revision to it, send a copy of the document or revision in draft to the Mayor and the Assembly. (3) The Commissioner may not publish the document or any revision to it unless— (a) the Assembly has had an opportunity to review the draft document or revision, and make a report on it to the Mayor, under section 327I(1), and (b) the Mayor has approved the draft document or revision. (4) In this section “the Fire and Rescue National Framework” has the same meaning as in section 327D. (327H) (1) The Assembly must arrange for the functions referred to in subsection (2) to be discharged on its behalf by a particular committee of the Assembly (“the fire and emergency committee”). (2) Those functions (“the fire and emergency committee functions”) are— (a) the functions conferred on the Assembly by section 327I, and (b) the functions conferred on the Assembly by section 60A and Schedule 4A in relation to the appointment of the London Fire Commissioner and the Deputy Mayor for Fire. (3) The Assembly may not arrange for the fire and emergency committee functions to be discharged on its behalf otherwise than in accordance with subsection (1). (4) The Assembly may not arrange for any of its other functions to be discharged by the fire and emergency committee. (5) The special scrutiny functions may only be exercised at a meeting of the whole committee; but that is without prejudice to rules of procedure about the quorum of a meeting of the whole committee. (6) Any provision made by or by virtue of an enactment which applies to committees of the Assembly, apart from the excluded provisions, applies to the fire and emergency committee as if the fire and emergency committee functions were to be discharged by the committee by virtue of arrangements under section 54(1)(a). (7) In subsection (6) “the excluded provisions” means— (a) section 54(5), so far as it provides for the Assembly to retain power to exercise functions delegated to a committee, and (b) section 55 (Assembly committees and sub-committees). (8) Any provision made by or by virtue of an enactment which confers, or relates to, the fire and emergency committee functions is to be read with the appropriate modifications; in particular— (a) references to the Assembly are to be read as references to the fire and emergency committee, and (b) references to proceedings of the Assembly are to be read as references to proceedings of the fire and emergency committee. (9) For the purposes of subsection (8), references to the fire and emergency committee include references to a sub-committee or member (if any) by whom functions are to be discharged in accordance with section 54(3). (10) The following provisions apply to the fire and emergency committee— (a) the number of members of the committee, and their term of office, are to be fixed by the Assembly; (b) persons who are not members of the Assembly may be members of the committee. (11) The following provisions apply to any sub-committee by which fire and emergency committee functions are to be discharged— (a) the number of members of the sub-committee, and their term of office, are to be fixed by the fire and emergency committee; (b) persons who are not members of the Assembly may be members of the sub-committee. (12) The fire and emergency committee functions must be exercised with a view to supporting the effective exercise of the functions of the London Fire Commissioner. (13) In this section “special scrutiny functions” means the functions conferred— (a) by section 327I(1), or (b) by section 60A and Schedule 4A in relation to the appointment of the London Fire Commissioner and the Deputy Mayor for Fire. (327I) (1) The Assembly must— (a) review any draft document or revision given to the Assembly by the London Fire Commissioner under section 327G(2), and (b) make a report or recommendations on the draft document or revision to the Mayor. (2) The Assembly must keep under review the exercise of the functions of the London Fire Commissioner, insofar as the Assembly is not otherwise required to do so by the other provisions of this section or by Schedule 4A. (3) For the purposes of subsection (2), the powers of the Assembly include, in particular, power to investigate, and prepare reports about— (a) any actions and decisions of the London Fire Commissioner, (b) any actions and decisions of an officer of the London Fire Commissioner, (c) matters relating to the functions of the London Fire Commissioner, (d) matters in relation to which the functions of the London Fire Commissioner are exercisable, or (e) any other matters which the Assembly considers to be of importance to fire and rescue services in Greater London. (4) The Assembly may investigate, and prepare reports about, the actions and decisions of the Deputy Mayor for Fire. (5) The Assembly may submit proposals to the London Fire Commissioner. (6) The Assembly may require a person referred to in subsection (7)— (a) to attend proceedings of the Assembly for the purpose of giving evidence, or (b) to produce to the Assembly documents in the person's possession or under the person's control. (7) Those persons are— (a) the Deputy Mayor for Fire, (b) the London Fire Commissioner, (c) any officer of the London Fire Commissioner, (d) any person who has within the 8 years prior to the date of the requirement to be imposed under subsection (6) been the Deputy Mayor for Fire or the London Fire Commissioner. (8) Nothing in subsection (6) requires an officer of the London Fire Commissioner to give any evidence, or produce any document, which discloses advice given to the London Fire Commissioner by that officer. (9) The following provisions apply (with appropriate modifications) to a requirement under subsection (6) as they apply to a requirement under section 61(1)— (a) section 61(14) (meaning of document etc); (b) section 62(3) to (6) (procedure for requiring attendance); (c) section 63 (restriction of information); (d) section 64 (failure to attend proceedings); (e) section 65 (openness).

11

• (1) Omit Part 7 (the London Fire and Emergency Planning Authority).

• (2) The repeal of section 328 in that Part by sub-paragraph (1) does not affect the continued operation of subsections (5) to (7) of that section, and subsection (9) of that section so far as applying to those subsections.

• (3) In the application of those subsections by virtue of sub-paragraph (2), references in those subsections to the Fire etc Authority are to be read as references to the London Fire Commissioner.

12

In section 419(1) (bodies to be treated as local authorities for the purposes of enactments relating to taxation) for paragraph (c) substitute—

(c) the London Fire Commissioner,

.

13

• (1) Section 424(1) (interpretation) is amended as follows.

• (2) Omit the definition of “the Fire etc Authority”.

• (3) In the definition of “functional body” for paragraph (d) substitute—

(d) the London Fire Commissioner;

.

14

• (1) Schedule 4A (confirmation hearings etc for specified appointments) is amended as follows.

• (2) In paragraph 1 after sub-paragraph (7) insert—

(8) Paragraph 9 does not apply in relation to— (a) the appointment of a person as the London Fire Commissioner, or (b) the appointment of a person as the Deputy Mayor for Fire under section 67(1)(b), (but see section 327H). (9) Paragraph 11 applies to— (a) the appointment of a person as the London Fire Commissioner, and (b) the appointment of a person as the Deputy Mayor for Fire under section 67(1)(b) if the candidate is not a member of the Assembly. (10) Paragraphs 2, 4 and 5 are subject to paragraph 11.

• (3) After paragraph 10 insert—

(11) (1) The Assembly may veto— (a) the appointment of the candidate as the London Fire Commissioner, or (b) the appointment of the candidate as the Deputy Mayor for Fire if the candidate is not a member of the Assembly. (2) The exercise of that power of veto in relation to an appointment is not valid unless the Assembly— (a) has held a confirmation meeting in relation to the appointment before the exercise of the power; and (b) notifies the Mayor of the veto within the period of 3 weeks described in paragraph 4(3). (3) If the Assembly vetoes the appointment of the candidate, the Mayor must not appoint the candidate. (4) References in this Schedule to the Assembly vetoing the appointment of a candidate are references to the Assembly making a decision, by the required majority, that the candidate should not be appointed— (a) as the London Fire Commissioner, or (b) as the Deputy Mayor for Fire. (5) For that purpose, the Assembly makes that decision by the required majority if at least two-thirds of the votes given in making that decision are votes in favour of making that decision.

15

After Schedule 27 insert—

Schedule 27A (1) (1) The terms and conditions on which the London Fire Commissioner is appointed are to be determined by the Mayor. (2) A person holds and vacates office as the London Fire Commissioner in accordance with the terms and conditions of the person's appointment. (3) Sub-paragraph (2) is subject to section 327C (suspension and removal of London Fire Commissioner). (2) (1) The person who is the London Fire Commissioner is to be paid such remuneration, allowances and gratuities as may be provided for under the terms and conditions of the Commissioner's appointment. (2) In sub-paragraph (1) “allowances”, in relation to the London Fire Commissioner, means allowances in respect of expenses incurred by the person in the performance of the Commissioner's functions. (3) There is to be paid— (a) a pension to, or in respect of, a person who has been the London Fire Commissioner, or (b) amounts for or towards the provision of a pension to, or in respect of, such a person, in accordance with the terms and conditions of the Commissioner's appointment. (4) Payments under this paragraph are to be made by the London Fire Commissioner. (5) In determining the London Fire Commissioner's terms and conditions relating to these matters, the Mayor must have regard to the financial resources of the Commissioner. (3) (1) The London Fire Commissioner may exercise the power in section 112 of the Local Government Act 1972 (appointment of staff) to appoint a Deputy London Fire Commissioner. (2) The Deputy London Fire Commissioner may exercise any or all of the powers and duties of the London Fire Commissioner— (a) during any absence, incapacity or suspension from duty of the Commissioner, (b) during any vacancy in the office of Commissioner, or (c) at any other time, with the consent of the Commissioner. (3) The Deputy London Fire Commissioner may not act under sub-paragraph (2)(a) or (b) for a continuous period of three months or more without the consent of the Mayor. (4) (1) The following amounts must be paid by the London Fire Commissioner— (a) any damages or costs awarded against the Commissioner in any proceedings brought against the Commissioner in respect of the acts or omissions of an officer employed by the Commissioner; (b) any costs incurred by the Commissioner in any such proceedings so far as not recovered by the Commissioner in the proceedings; (c) any sum required in connection with the settlement of any claim made against the Commissioner in respect of the acts or omissions of an officer employed by the Commissioner, if the settlement is approved by the Mayor. (2) The London Fire Commissioner may, in such cases and to such extent as appears to the Commissioner to be appropriate, pay— (a) any damages or costs awarded against an officer employed by the Commissioner in proceedings for any unlawful conduct of that officer, (b) any costs incurred and not recovered by such an officer in such proceedings, and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

16

Omit Schedule 28 (the London Fire and Emergency Planning Authority).

17

Omit Schedule 29 (amendments relating to the London Fire and Emergency Planning Authority).

Part 2 — Amendments to other Acts

Essex County Council Act 1952 (c. l)

18

In section 80 of the Essex County Council Act 1952 (precautions against fire) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

Landlord and Tenant Act 1954 (c. 56)

19

In section 69(1) of the Landlord and Tenant Act 1954 (interpretation) in the definition of “local authority” for “, the London Fire and Emergency Planning Authority” substitute “ , the London Fire Commissioner ”.

Local Government (Records) Act 1962 (c. 56)

20

The Local Government (Records) Act 1962 is amended as follows.

21

In section 2 (acquisition and deposit of records) in subsection (6) (bodies to which section 2 applies) for “to the London Fire and Emergency Planning Authority,” substitute “ to the London Fire Commissioner, ”.

22

In section 8(1) (interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.

London Government Act 1963 (c. 33)

23

The London Government Act 1963 is amended as follows.

24

In section 5(3) (delegation of functions in Greater London) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

25

In section 75 (compensation for injury to or death of officers) in subsection (4) (application to London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

Local Government Act 1966 (c. 42)

26

In section 11 of the Local Government Act 1966 (grants for specified expenditure due to ethnic minority population) in subsection (2) (bodies to which the section applies) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

Leasehold Reform Act 1967 (c. 88)

27

The Leasehold Reform Act 1967 is amended as follows.

28

In section 28 (retention or resumption of land required for public purposes) in subsection (5)(a) (application to local authorities) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.

29

In Schedule 4A (exclusion of specified shared ownership leases) in paragraph 2(2) (leases granted by specified local authorities: bodies to which the exclusion applies) for paragraph (bb) substitute—

(bb) the London Fire Commissioner;

.

Local Government Grants (Social Need) Act 1969 (c. 2)

30

In section 1 of the Local Government Grants (Social Need) Act 1969 (grants for special social needs) in subsection (3) (meaning of “local authority”) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

31

In section 3(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance: employers to which the exemption applies) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.

Greater London Council (General Powers) Act 1969 (c. lii)

32

In section 30(ii) of the Greater London Council (General Powers) Act 1969 (savings for London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

Local Authorities (Goods and Services) Act 1970 (c. 39)

33

In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) in subsection (4) (interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

Pensions (Increase) Act 1971 (c. 56)

34

In Schedule 3 to the Pensions (Increase) Act 1971 (further administrative, incidental and consequential provisions) in paragraph 6(1)(a) (meaning of “local authority”) for sub-paragraph (ib) substitute—

(ib) the London Fire Commissioner;

.

Local Government Act 1972 (c. 70)

35

The Local Government Act 1972 is amended as follows.

36

In section 70 (restriction on promotion of Bills for changing local government areas etc) for subsection (2) substitute—

(2) Subsection (1) above shall have effect as if the reference to a joint authority included a reference to the London Fire Commissioner.

37

• (1) Section 100J (application of provisions about access to meetings and documents) is amended as follows.

• (2) In subsection (1) (bodies to which provisions about access to meetings and documents apply) omit paragraph (bb).

• (3) In subsection (2) omit “, (bb)”.

• (4) In subsection (3) omit “(bb),”.

• (5) Omit subsection (4A).

38

• (1) Section 101 (arrangements for discharge of functions by local authorities) is amended as follows.

• (2) In subsection (13) omit “the London Fire and Emergency Planning Authority,”.

• (3) After subsection (13) insert—

(13A) In this section “local authority” includes the London Fire Commissioner; but nothing in this section authorises functions of the Commissioner to be discharged by a committee or sub-committee of the Commissioner.

39

In section 104 (disqualification for membership of committees and joint committees) omit subsection (5) (application to the London Fire and Emergency Planning Authority).

40

In section 138 (powers of principal councils with respect to emergencies or disasters) in subsection (5) (power of London Fire and Emergency Planning Authority to incur expenditure in connection with planning by principal councils) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

41

In section 138C(1) (other authorities to which provisions about prayer and other religious observance apply) for paragraph (d) substitute—

(d) the London Fire Commissioner but only for the purposes of section 138B;

.

42

In section 142 (provision of information etc relating to matters affecting local government) for subsection (4) substitute—

(4) This section shall have effect as if any reference to a local authority included a reference to the London Fire Commissioner.

43

• (1) Section 146A (application of miscellaneous provisions about local authorities to other authorities) is amended as follows.

• (2) In subsection (1)—

• (a) for “or (1ZE)” substitute “ , (1ZE) or (1ZF) ”, and

• (b) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

• (3) In subsection (1ZC) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

• (4) After subsection (1ZE) insert—

(1ZF) The London Fire Commissioner is not to be treated as a local authority for the purposes of section 135.

44

In section 175 (allowances for attending conferences and meetings) in subsection (3B) (application to the London Fire and Emergency Planning Authority etc) for “the London Fire and Emergency Planning Authority, an economic prosperity board, a combined authority or” substitute “ an economic prosperity board, a combined authority or ”.

45

In section 176 (payment of expenses of official and courtesy visits) in subsection (3) (application to the London Fire and Emergency Planning Authority etc)—

• (a) after “board,” insert “ and ”, and

• (b) omit “and the London Fire and Emergency Planning Authority”.

46

In section 222 (power of local authority to prosecute or defend legal proceedings) in subsection (2) (application to the London Fire and Emergency Planning Authority etc) for “and the London Fire and Emergency Planning Authority” substitute “ and the London Fire Commissioner ”.

47

For section 244A substitute—

(244A) This Part shall have effect as if any reference to a joint authority included a reference to the London Fire Commissioner.

Employment Agencies Act 1973 (c. 35)

48

In section 13(7) of the Employment Agencies Act 1973 (activities to which the Act does not apply) for paragraph (fh) substitute—

(fh) the exercise by the London Fire Commissioner of any of the Commissioner's functions;

.

Local Government Act 1974 (c. 7)

49

In section 25(1) of the Local Government Act 1974 (authorities subject to investigation) for paragraph (cza) substitute—

(cza) the London Fire Commissioner;

.

Health and Safety at Work etc Act 1974 (c. 37)

50

In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information: meaning of local authority) for “and the London Fire and Emergency Planning Authority” substitute “ and the London Fire Commissioner ”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

51

In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1) in the definition of “local authority”—

• (a) in paragraph (a) for “and the London Fire and Emergency Planning Authority” substitute “ and the London Fire Commissioner ”, and

• (b) in paragraph (c) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

Rent (Agriculture) Act 1976 (c. 80)

52

In section 5(3) of the Rent (Agriculture) Act 1976 (tenancies which are not statutory tenancies) for paragraph (bbb) substitute—

(bbb) the London Fire Commissioner;

.

Rent Act 1977 (c. 42)

53

In section 14(1) of the Rent Act 1977 (tenancies which are not protected tenancies) for paragraph (cc) substitute—

(cc) the London Fire Commissioner;

.

London Hydraulic Power Act 1977 (c. xi)

54

In section 3(3)(b) of the London Hydraulic Power Act 1977 (notice of intention to use new pipeline) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

Protection from Eviction Act 1977 (c. 43)

55

In section 3A(8)(a) of the Protection from Eviction Act 1977 (excluded tenancies and licences: licences to occupy local authority etc hostels) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.

Local Government, Planning and Land Act 1980 (c. 65)

56

The Local Government, Planning and Land Act 1980 is amended as follows.

57

In section 2 (duty of authorities to publish information) in subsection (1) (authorities to which the duty applies) for paragraph (kb) substitute—

(kb) the London Fire Commissioner;

.

58

In section 98 (disposal of land at direction of Secretary of State) in subsection (8A) (authorities to which provisions as to associated bodies apply) for paragraph (f) substitute—

(f) the London Fire Commissioner.

59

In section 99 (disposal of land at direction of Secretary of State - supplementary) in subsection (4) (authorities who may make representations about directions) for paragraph (dbb) substitute—

(dbb) the London Fire Commissioner;

60

In section 100 (interpretation and extent of Part 10) in subsection (1)(a) (meaning of “subsidiary”) for “, the London Fire and Emergency Planning Authority” substitute “ , the London Fire Commissioner ”.

61

In Schedule 16 (bodies to whom Part 10 applies) for paragraph 5BB substitute—

(5BB) The London Fire Commissioner.

Acquisition of Land Act 1981 (c. 67)

62

The Acquisition of Land Act 1981 is amended as follows.

63

In section 7(1) (interpretation) in the definition of “local authority” for paragraph (a1) substitute—

(a1) the London Fire Commissioner;

.

64

In section 17(4) (local authority and statutory undertakers' land: interpretation) in paragraph (a) of the definition of “local authority” for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

65

The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.

66