The Fire and Rescue Authority (Membership) Order 2017

Made: 28th November 2017

Laid before Parliament: 1st December 2017

Coming into force in accordance with article 1

The variation to the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme has been proposed by the Dorset and Wiltshire Fire and Rescue Authority[^f00004].

Citation and commencement

1

• (1) This Order may be cited as the Fire and Rescue Authority (Membership) Order 2017.

• (2) This article and article 3 come into force on 22nd December 2017.

• (3) Article 2 comes into force on 25th June 2018.

• (4) Article 4 comes into force on 6th June 2018.

Amendment to the Local Government Act 1985

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• (1) The Local Government Act 1985 is amended as follows.

• (2) In Schedule 10 (number of members of joint authorities), in Part 6 (West Midlands), in the third column of the Table (number of members of metropolitan county fire and rescue authority)[^f00005]—

• (a) in the entry for Birmingham for “10” substitute “4”;

• (b) in the entry for Coventry for “3” substitute “2”;

• (c) in the entry for Dudley for “3” substitute “2”;

• (d) in the entry for Sandwell for “3” substitute “2”;

• (e) in the entry for Solihull for “2” substitute “1”;

• (f) in the entry for Walsall for “3” substitute “2”;

• (g) in the entry for Wolverhampton for “3” substitute “2”.

Variation of the Hampshire Fire Services Combination Scheme

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Variation of the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme

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The Dorset and Wiltshire Fire and Rescue Authority Combination Scheme set out in the Schedule to the Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015[^f00007] is varied in accordance with Schedule 2 to this Order.

SCHEDULE 1

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Variation of Part 1 of the Scheme

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Variation of Part 3 of the Scheme

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4

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5

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6

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7

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8

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SCHEDULE 2

1

In this Schedule “the Scheme” means the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme set out in the Schedule to the Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015.

Variation of Part 3 of the Scheme

2

In paragraph 6(1) for “30 members” substitute—

18 members save that, where the minimum number of members of the Authority resulting from the operation of paragraph 7 would be greater than 18, the Authority shall consist of that number of members

3

For paragraph 7 substitute—

(7) (1) Each constituent authority shall appoint 2 representatives to be members of the Authority. (2) Each constituent authority shall, so far as is practicable, appoint such additional number of representatives to be members of the Authority as may be required to ensure that the total number of representatives is proportionate to the number of local government electors in its area in relation to the number of such electors in each of the other constituent authorities’ areas.

Signed

Nick Hurd — Minister of State — Home Office — 28th November 2017

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes amendments in relation to the membership of the West Midlands Fire and Rescue Authority, the Hampshire Fire and Rescue Authority and the Dorset and Wiltshire Fire and Rescue Authority.

Article 2 amends Schedule 10 to the Local Government Act 1985 to reduce the number of members to be appointed to the West Midlands Fire and Rescue Authority by each of its constituent councils.

Article 3 and Schedule 1 amend the Hampshire Fire Services Combination Scheme set out in the Schedule to the Hampshire Fire Services (Combination Scheme) Order 1996 in particular to make provision enabling the Hampshire Fire and Rescue Authority to appoint a police and crime commissioner whose police area wholly or partly coincides with the area of the Authority, as a member of the Authority. This reflects the provision made in section 7 of the Policing and Crime Act [2017 (c. 3)](https://www.legislation.gov.uk/ukpga/2017/3) enabling police and crime commissioners to be represented on all types of fire and rescue authority.

Article 4 and Schedule 2 amend the Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015 to reduce the maximum number of members of that Authority from 30 to 18.

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

Footnotes

[^f00001]: 1985 c. 51; there have been amendments to section 29 but none is relevant.

[^f00002]: 2004 c. 21.

[^f00003]: In accordance with section 4(5A) of the Fire and Rescue Services Act 2004 inserted by paragraphs 16(1) and (3) of Schedule 22 to the Deregulation Act 2015 (c. 20), the duty on the Secretary of State in section 4(5) of the 2004 Act in relation to consultation does not apply.

[^f00004]: In accordance with section 2(6A) of the Fire and Rescue Services Act 2004 inserted by paragraphs 16(1) and (2) of Schedule 22 to the Deregulation Act 2015 (c. 20),the duty on the Secretary ofState in section 2(6) of the 2004 Act in relation to consultation does not apply.

[^f00005]: Paragraph 10 of Part 1 of Schedule 2 to the Civil Contingencies Act 2004 (c. 36) provides that a reference to “metropolitan fire and civil defence authority” is treated as a reference to a “metropolitan county fire and rescue authority”.

[^f00007]: S.I. 2015/435.

Editorial notes

[^key-0d8d33bf29c42a98be54b2777cac4eea]: Art. 1 in force at 22.12.2017, see art. 1(2)

[^key-98789b9c786942745291cb928050e575]: Sch. 2 para. 2 in force at 6.6.2018, see art. 1(4)

[^key-819e5b7bba9f2eb88b9fa85848355c7d]: Sch. 2 para. 3 in force at 6.6.2018, see art. 1(4)

[^key-8596796c994d24eac7e200e71b6b6e80]: Art. 4 in force at 6.6.2018, see art. 1(4)

[^key-a8f223094706827b99116f60db540602]: Sch. 2 para. 1 in force at 6.6.2018, see art. 1(4)

[^key-f4a22d3de23308266190cb4613c3f2a7]: Art. 2 in force at 25.6.2018, see art. 1(3)

[^key-722724f91c0e60321aebee25c60970a7]: Art. 3 omitted (1.4.2021) by virtue of The Hampshire and Isle of Wight Fire and Rescue Authority (Combination Scheme) Order 2020 (S.I. 2020/186), art. 4(1), para. 1(3) (with art. 4(3))

[^key-473b7a5e4513a6245dff939b03255b65]: Sch. 1 omitted (1.4.2021) by virtue of The Hampshire and Isle of Wight Fire and Rescue Authority (Combination Scheme) Order 2020 (S.I. 2020/186), art. 4(1), para. 1(3) (with art. 4(3))