The Combined Fire Authorities (Protection from Personal Liability) (England) Regulations 1997

Made: 25th November 1997

Laid before Parliament: 3rd December 1997

Coming into force: 27th December 1997

The Secretary of State, in exercise of the powers conferred on him by sections 19 and 26 of the Local Government Act 1992¹, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Combined Fire Authorities (Protection from Personal Liability) (England) Regulations 1997, and shall come into force on 27th December 1997.

Interpretation

2

In these Regulations “the 1947 Act” means the Fire Services Act 1947², and “combination scheme” means a combination scheme under that Act.

Protection from personal liability

3

• (1) Where, by virtue of section 18(3) of the Local Government Act 1992, an order under section 17 of that Act provides, or has provided—

• (a) that, subject to any combination scheme, a district is to become the area of a fire authority for the purposes of the 1947 Act; or

• (b) that, for the purposes of the making of any combination scheme, the area of a district is to be treated as an area which would become the area of a fire authority by virtue of the order;

paragraph (2) below shall apply in relation to a combined fire authority constituted by a combination scheme which includes such an area.

• (2) A combined fire authority constituted by such a combination scheme shall, for the purposes of section 265 of the Public Health Act 1875³ and section 39 of the Local Government (Miscellaneous Provisions) Act 1976⁴ (protection of members and officers etc. from personal liability), be treated as if it were a local authority.

Signed

George Howarth — Parliamentary Under-Secretary of State — 25th November 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for the protection from personal liability of members and officers of combined fire authorities created as a consequence of structural changes in local government areas effected by orders under section 17 of the Local Government Act 1992.

Footnotes