The Transfer of Functions (Fire and Rescue Services) Order 2016

Made: 10th February 2016

Laid before Parliament: 17th February 2016

Coming into force: 1st April 2016

At the Court at Buckingham Palace, the 10th day of February 2016Present,The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by section 2 of the Ministers of the Crown Act 1975[^f00001], is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement

1

• (1) This Order may be cited as the Transfer of Functions (Fire and Rescue Services) Order 2016.

• (2) This Order comes into force on 1st April 2016.

Interpretation

2

In this Order—

• “fire and rescue function” means a function which— was entrusted to the Secretary of State for Communities and Local Government immediately before 5th January 2016, and has been entrusted to the Home Secretary before the making of this Order;

• “the Home Secretary” means the Secretary of State for the Home Department;

• “instrument” includes Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.

Provision supplemental to the transfer of functions from the Secretary of State for Communities and Local Government to the Home Secretary

3

• (1) There are transferred to the Home Secretary all property, rights and liabilities to which the Secretary of State for Communities and Local Government is entitled or subject at the coming into force of this Order in connection with a fire and rescue function.

• (2) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for Communities and Local Government may, so far as it relates to a fire and rescue function or anything transferred by paragraph (1), be continued by or in relation to the Home Secretary.

• (3) Paragraphs (1) and (2) are subject to article 4 (which provides for those paragraphs not to apply in relation to certain matters).

• (4) Anything done (or having effect as if done) by or in relation to the Secretary of State for Communities and Local Government in connection with a fire and rescue function or anything transferred by paragraph (1) has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Home Secretary.

• (5) Documents or forms printed for use in connection with a fire and rescue function may be used in connection with the exercise of that function by the Home Secretary even though they contain, or are to be read as containing, references to the Secretary of State for Communities and Local Government; and for the purposes of the use of any such documents or forms in connection with the exercise of that function by the Home Secretary, those references are to be read as references to the Home Secretary.

• (6) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as necessary for the purposes of or in consequence of the entrusting of a fire and rescue function to the Home Secretary or for the purposes of or in consequence of paragraph (1), as if references to the Secretary of State for Communities and Local Government (and references which are to be read as references to the Secretary of State for Communities and Local Government) were or included references to the Home Secretary.

• (7) This article does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State for Communities and Local Government before the coming into force of this Order.

• (8) In paragraphs (2) to (7)—

• (a) references to the Secretary of State for Communities and Local Government are to be read as including references to the department or an officer of the Secretary of State for Communities and Local Government, and

• (b) references to the Home Secretary are to be read as including references to the department or an officer of the Home Secretary accordingly.

Article 3: excluded transfers

4

• (1) Article 3(1) does not transfer any property, rights or liabilities in relation to—

• (a) the Fire Service College Transfer Agreement;

• (b) a fire regional control centre; or

• (c) the premises specified in paragraph (4).

• (2) The reference in paragraph (1)(a) to the Fire Service College Transfer Agreement is to the agreement entered into on 28th February 2013 between the Secretary of State for Communities and Local Government and Fire Service College Limited, relating to the transfer of operations and functions of the Fire Service College.

• (3) The reference in paragraph (1)(b) to a fire regional control centre is to any building or other property constructed for the purposes of operating as such a centre at the following locations—

• (a) in Fareham, at Fire & Regional Control Centre, Kites Croft Business Park, Warsash Road, Fareham, Hants, PO14 4LW;

• (b) in Wolverhampton, at Broadlands, Wolverhampton, West Midlands, WV10 6TA;

• (c) in Wakefield, at Paragon Business Village, Wakefield, WF1 2DF;

• (d) in Taunton, at Blackbrook Business Park, Blackbrook Park Avenue, Taunton, Somerset, TA1 2PX;

• (e) in Cambridge, at Plot 5100, Cambridge Research Park, Beach Drive, Cambridge, CB25 9TN;

• (f) in Castle Donington, at Unit 5, Willow Farm Business Park, Castle Donnington, DE74 2UD.

• (4) The premises referred to in paragraph (1)(c) are—

• (a) 8 Davies Road, Moreton-in-Marsh, Gloucestershire GL56 0HR;

• (b) 9 Davies Road, Moreton-in-Marsh, Gloucestershire GL56 0HR;

• (c) 10 Davies Road, Moreton-in-Marsh, Gloucestershire GL56 0HR;

• (d) 1 Mosedale, Moreton-in-Marsh, Gloucestershire GL56 0HP;

• (e) 15 Mosedale, Moreton-in-Marsh, Gloucestershire GL56 0HP;

• (f) 17 Mosedale, Moreton-in-Marsh, Gloucestershire GL56 0HP;

• (g) 19 Mosedale, Moreton-in-Marsh, Gloucestershire GL56 0HP;

• (h) Land to the rear of 8 and 9 Davies Road, Moreton-in-Marsh, Gloucestershire GL56 0HR;

• (i) Land at Errington, Moreton-in-Marsh, Gloucestershire GL56 0HP.

• (5) Article 3(2) does not apply in connection with the legal proceedings brought by Mr Phillip Steward in Worcester County Court against Fire Service College Ltd (claim no. A64YM776) arising from an incident which occurred on 14th May 2012 at the Fire Service College.

Signed

Ceri King — Deputy Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order, made under section 2 of the Ministers of the Crown Act 1975, provides for the transfer of property, rights and liabilities from the Secretary of State for Communities and Local Government to the Home Secretary, in consequence of the transfer of functions in relation to fire and rescue services from the Department for Communities and Local Government to the Home Office (article 3). Certain matters are excluded from the transfer and remain with the Secretary of State for Communities and Local Government (article 4).

Nothing in this Order alters the functions of the Welsh Ministers, the Scottish Ministers or the devolved authorities in Northern Ireland.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 1975 c. 26. Section 1 was amended by section 20 of the Constitutional Reform Act 2005 (c. 4).