The Fire and Rescue Services (National Framework and Variation of Combination Schemes) (Wales) Order 2026

Type Welsh-Statutory-Instrument
Publication 2026-03-04
State In force
Jurisdiction Wales
Department King's Printer of Acts of Parliament
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Made: 4 March 2026

Coming into force in accordance with article 1(2)

The Welsh Ministers make the following Order in exercise of the powers conferred on them by sections 3(2) and (3)(a) and (c), 4(4), 21(6) and 60(2)(a) of the Fire and Rescue Services Act 2004 (“the 2004 Act”)[^f00001].

In accordance with section 4(5) of the 2004 Act, the Welsh Ministers have consulted with those authorities they consider likely to be affected and any other persons they consider appropriate in respect of the provision made in articles 3 to 5.

In accordance with section 21(5) of the 2004 Act, the Welsh Ministers have consulted fire and rescue authorities or persons considered to represent them, persons considered to represent employees of fire and rescue authorities and such other persons they consider appropriate in respect of the revisions to the Fire and Rescue National Framework for Wales brought into effect by article 2.

Title and coming into force

1

Revisions to the Fire and Rescue National Framework

2

The Fire and Rescue National Framework prepared by the Welsh Ministers and entitled “The Fire and Rescue National Framework for Wales 2026” published by the Welsh Ministers on 3 March 2026, has effect from 30 March 2026 as a revision, which appears to the Welsh Ministers to be significant, of the Fire and Rescue National Framework for Wales 2016[^f00002].

Variation of the North Wales Fire Services (Combination Scheme) Order 1995

3

  • executive members” means the members of the executive of a local authority in Wales appointed in accordance with section 11 of the Local Government Act 2000[^f00004];

(1) The Authority must consist of nine members appointed in accordance with this Part.

(2) Six members of the Authority must be appointed by the constituent authorities from their executive members in accordance with this Part.

(3) Three members of the Authority must be appointed by the Welsh Ministers in accordance with this Part.

(12) Each constituent authority must appoint one of its executive members to be a member of the Authority.

(12A) (1) Before appointing members to the Authority, the Welsh Ministers must consult— (a) members of the Authority; (b) the constituent authorities; (c) any other persons they consider appropriate.

by— (a) in the case of a member appointed by a constituent authority under paragraph 11(2), the constituent authority which appoints that member, or (b) in the case of a member appointed by the Welsh Ministers under paragraph 11(3), the Welsh Ministers.

(14) (1) A member of the Authority appointed by a constituent authority may resign their membership at any time by giving notice in writing to the officer of the Authority whose function it is to receive such notice. (2) A member of the Authority appointed by the Welsh Ministers may resign their membership at any time by giving notice in writing to— (a) the officer of the Authority whose function it is to receive such notice, and (b) the Welsh Ministers.

(3) A person is disqualified from being appointed by the Welsh Ministers as a member of the Authority if the person is or becomes a Member of the Senedd. (4) “Member of the Senedd” is to be interpreted in accordance with section 1(2A) of the Government of Wales Act 2006[^f00005].

(1A) If a member of the Authority appointed by the Welsh Ministers resigns, becomes disqualified or otherwise ceases to be a member of the Authority before the expiry of their period of office, the Welsh Ministers must appoint a member to replace them. (1B) The replacement member appointed in accordance with sub-paragraph (1A) will come into office on the date of their appointment and, unless they resign, become disqualified or otherwise cease to be a member of the Authority, will hold office for such a period or periods as will be determined by the Welsh Ministers. (1C) Before appointing a replacement member the Welsh Ministers must consult— (a) members of the Authority; (b) the constituent authorities; (c) any other persons they consider appropriate.

(2A) The Authority must— (a) consult the constituent authorities with a view to reaching agreement with them on the Authority’s net expenses estimate and amount of the contribution to be paid by each constituent authority, and (b) provide a statement to the constituent authorities of how the estimate of the Authority’s net expenses will best promote the economic, efficient and effective discharge of the Authority’s functions.

Variation of the Mid and West Wales Fire Services (Combination Scheme) Order 1995

4

  • executive members” means the members of the executive of a local authority in Wales appointed in accordance with section 11 of the Local Government Act 2000;

(1) The Authority must consist of nine members appointed in accordance with this Part.

(2) Six members of the Authority must be appointed by the constituent authorities from their executive members in accordance with this Part.

(3) Three members of the Authority must be appointed by the Welsh Ministers in accordance with this Part.

(12) Each constituent authority must appoint one of its executive members to be a member of the Authority.

(12A) (1) Before appointing members to the Authority, the Welsh Ministers must consult— (a) members of the Authority; (b) the constituent authorities; (c) any other persons they consider appropriate.

by— (a) in the case of a member appointed by a constituent authority under paragraph 11(2), the constituent authority which appoints that member, or (b) in the case of a member appointed by the Welsh Ministers under paragraph 11(3), the Welsh Ministers.

(14) (1) A member of the Authority appointed by a constituent authority may resign their membership at any time by giving notice in writing to the officer of the Authority whose function it is to receive such notice. (2) A member of the Authority appointed by the Welsh Ministers may resign their membership at any time by giving notice in writing to— (a) the officer of the Authority whose function it is to receive such notice, and (b) the Welsh Ministers.

(3) A person is disqualified from being appointed by the Welsh Ministers as a member of the Authority if the person is or becomes a Member of the Senedd. (4) “Member of the Senedd” is to be interpreted in accordance with section 1(2A) of the Government of Wales Act 2006.

(1A) If a member of the Authority appointed by the Welsh Ministers resigns, becomes disqualified or otherwise ceases to be a member of the Authority before the expiry of their period of office, the Welsh Ministers must appoint a member to replace them. (1B) The replacement member appointed in accordance with sub-paragraph (1A) will come into office on the date of their appointment and, unless they resign, become disqualified or otherwise cease to be a member of the Authority, will hold office for such a period or periods as will be determined by the Welsh Ministers. (1C) Before appointing a replacement member the Welsh Ministers must consult— (a) members of the Authority; (b) the constituent authorities; (c) any other persons they consider appropriate.

(2A) The Authority must— (a) consult the constituent authorities with a view to reaching agreement with them on the Authority’s net expenses estimate and amount of the contribution to be paid by each constituent authority, and (b) provide a statement to the constituent authorities of how the estimate of the Authority’s net expenses will best promote the economic, efficient and effective discharge of the Authority’s functions.

Variation of the South Wales Fire Services (Combination Scheme) Order 1995

5

  • executive members” means the members of the executive of a local authority in Wales appointed in accordance with section 11 of the Local Government Act 2000;

(1) The Authority must consist of fifteen members appointed in accordance with this Part.

(2) Ten members of the Authority must be appointed by the constituent authorities from their executive members in accordance with this Part.

(3) Five members of the Authority must be appointed by the Welsh Ministers in accordance with this Part.

(12) Each constituent authority must appoint one of its executive members to be a member of the Authority.

(12A) (1) Before appointing members to the Authority, the Welsh Ministers must consult— (a) members of the Authority; (b) the constituent authorities; (c) any other persons they consider appropriate.

by— (a) in the case of a member appointed by a constituent authority under paragraph 11(2), the constituent authority which appoints that member, or (b) in the case of a member appointed by the Welsh Ministers under paragraph 11(3), the Welsh Ministers.

(14) (1) A member of the Authority appointed by a constituent authority may resign their membership at any time by giving notice in writing to the officer of the Authority whose function it is to receive such notice. (2) A member of the Authority appointed by the Welsh Ministers may resign their membership at any time by giving notice in writing to— (a) the officer of the Authority whose function it is to receive such notice, and (b) the Welsh Ministers.

(3) A person is disqualified from being appointed by the Welsh Ministers as a member of the Authority if the person is or becomes a Member of the Senedd. (4) “Member of the Senedd” is to be interpreted in accordance with section 1(2A) of the Government of Wales Act 2006.

(1A) If a member of the Authority appointed by the Welsh Ministers resigns, becomes disqualified or otherwise ceases to be a member of the Authority before the expiry of their period of office, the Welsh Ministers must appoint a member to replace them. (1B) The replacement member appointed in accordance with sub-paragraph (1A) will come into office on the date of their appointment and, unless they resign, become disqualified or otherwise cease to be a member of the Authority, will hold office for such a period or periods as will be determined by the Welsh Ministers. (1C) Before appointing a replacement member the Welsh Ministers must consult— (a) members of the Authority; (b) the constituent authorities; (c) any other persons they consider appropriate.

(2A) The Authority must— (a) consult the constituent authorities with a view to reaching agreement with them on the Authority’s net expenses estimate and amount of the contribution to be paid by each constituent authority, and (b) provide a statement to the constituent authorities of how the estimate of the Authority’s net expenses will best promote the economic, efficient and effective discharge of the Authority’s functions.

Signed

Jayne Bryant — Cabinet Secretary for Housing and Local Government, one of the Welsh Ministers — 4 March 2026

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Section 21 of the Fire and Rescue Services Act 2004 (“the 2004 Act”) requires the Welsh Ministers to prepare a Fire and Rescue National Framework. The framework must set out priorities and objectives for fire and rescue authorities in Wales and may provide guidance to those fire and rescue authorities in connection with the discharge of any of their functions and any other matter relating to those fire and rescue authorities or their functions that the Welsh Ministers consider appropriate. Fire and rescue authorities in Wales must have regard to the framework in carrying out their functions.

Article 2 of this Order brings into effect a revised Fire and Rescue National Framework for Wales.

Significant revisions have been made to the framework, and the new version published on 3 March 2026 takes effect from 30 March 2026. Copies of the framework may be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and it is published on www.gov.wales.

Articles 3 to 5 of this Order vary the North Wales Fire Services Combination Scheme, the Mid and West Wales Fire Services Combination Scheme and the South Wales Fire Services Combination Scheme, respectively. Those schemes are set out in the Schedules to S.I. 1995/3218, S.I. 1995/3229 and S.I. 1995/3230 and are collectively referred to in this Explanatory Note as “the Schemes”.

This Order varies the Schemes to make changes to the constitution of the fire and rescue authorities in Wales. The variations make changes as regards membership, varying the number of members and providing for appointment of members from the executive of the constituent authorities and for appointment of one third of the membership by the Welsh Ministers.

The combined fire service fund provisions of the Schemes are varied to require the Authority (defined in paragraph 2 of the Schemes) to consult with the constituent authorities, with the view of reaching agreement, on the Authority’s net expenses estimate and amount of contribution to be paid by each constituent authority. The Authority is required to provide a statement to the constituent authorities on how its net expenses estimate will best promote the economic, efficient and effective discharge of its functions.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

Footnotes

[^f00001]: 2004 c. 21. The functions under sections 3, 4 and 21 of the Fire and Rescue Services Act 2004 are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously vested in the National Assembly for Wales by section 62 of the Fire and Rescue Services Act 2004. By virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), they were transferred to the Welsh Ministers.

[^f00002]: The Fire and Rescue National Framework for Wales 2016 was brought into effect by S.I. 2015/1991 (W. 301).

[^f00003]: S.I. 1995/3218, amended by S.I. 2009/2849 (W. 249).

[^f00004]: 2000 c. 22.

[^f00005]: 2006 c. 32. Section 1(2A) was inserted by section 4 of the Senedd and Elections (Wales) Act 2020.

[^f00006]: S.I. 1995/3229, amended by S.I. 2009/2849 (W. 249).

[^f00007]: S.I. 1995/3230, amended by S.I. 2009/2849 (W. 249).

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