—

a

sections 2 and 4 (schemes constituting combined fire and rescue authorities for particular areas), and

b

sections 4A and 4B (orders providing for police and crime commissioners to be fire and rescue authorities).

Fire and rescue authority involving police and crime commissioner

4APower to provide for police and crime commissioner to be fire and rescue authority

1

The Secretary of State may by order provide—

a

for the creation of a corporation sole as the fire and rescue authority for the area specified in the order, and

b

for the person who is for the time being the police and crime commissioner for the relevant police area to be for the time being that fire and rescue authority.

2

In subsection (1) “the relevant police area” means the police area which—

a

is the same as the area of the fire and rescue authority created by the order, or

b

if the order creates two or more fire and rescue authorities, is the same as the areas of those authorities taken together.

3

The whole of an area of a fire and rescue authority created by an order under this section must be—

a

within England, and

b

outside the metropolitan police district and the City of London police area.

4

An order under this section may be made only if the relevant police and crime commissioner has submitted a proposal for the order to the Secretary of State.

5

An order under this section may be made only if it appears to the Secretary of State that—

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.

6

The Secretary of State may not make an order under this section in a case within subsection (5)(a) if the Secretary of State thinks that the order would have an adverse effect on public safety.

7

In this section “relevant police and crime commissioner” has the same meaning as in Schedule A1; and that Schedule makes further provision about the procedure for an order under this section.

4BChanges to existing fire and rescue authorities

1

An order under section 4A may make alterations to the areas of fire and rescue authorities in England outside Greater London.

2

The alterations that may be made by virtue of subsection (1) include alterations that result in a reduction or an increase in the number of such areas.

3

An order under section 4A(1) may make provision for the abolition of—

a

a metropolitan county fire and rescue authority,

b

a combined fire and rescue authority constituted by a scheme under section 2,

c

a combined fire and rescue authority constituted by a scheme to which section 4 applies, or

d

a fire and rescue authority created by an order under section 4A(1).

4CTransfer of property, rights and liabilities

1

This section applies if the Secretary of State makes an order under section 4A.

2

The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities from an existing fire and rescue authority (“the transferor”) to the fire and rescue authority created by the order (“the transferee”).

3

The things that may be transferred under a transfer scheme include—

a

property, rights and liabilities that could not otherwise be transferred;

b

property acquired, and rights and liabilities arising, after the making of the scheme;

c

criminal liabilities.

4

A transfer scheme may make supplementary, incidental, transitional and consequential provision and may in particular—

a

create rights, or impose liabilities, in relation to property or rights transferred;

b

make provision about the continuing effect of things done by the transferor in respect of anything transferred;

c

make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;

d

make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;

e

make provision for the shared ownership or use of property.

5

A transfer scheme may provide—

a

for the scheme to be modified by agreement after it comes into effect, and

b

for any such modifications to have effect from the date when the original scheme comes into effect.

6

In this section—

a

references to the transfer of property include the grant of a lease;

b

references to rights and liabilities include rights and liabilities under a contract of employment.

4DFurther provision about authority created by section 4A order

1

A person who is a fire and rescue authority created by an order under section 4A is to be paid allowances, in respect of expenses incurred by the person in the exercise of the authority's functions, which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this subsection.

2

A determination under subsection (1) may make different provision for different cases.

3

Payments under subsection (1) are to be made by the fire and rescue authority.

4

A fire and rescue authority created by an order under section 4A must appoint a person to be responsible for the proper administration of the authority's financial affairs (a “chief finance officer”).

5

A fire and rescue authority created by an order under section 4A must appoint a person to act as chief finance officer of the authority if and so long as—

a

that post is vacant, or

b

the holder of that post is, in the authority's opinion, unable to carry out the duties of that post.

6

Section 113 of the Local Government Finance Act 1988 (qualifications of responsible officer) applies to a person appointed under subsection (4) or (5) as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section.

7

A fire and rescue authority created by an order under section 4A may—

a

appoint such other staff as the authority thinks appropriate to enable the authority to exercise the functions of the authority;

b

pay remuneration, allowances and gratuities to members of the authority's staff.

8

In subsection (7) “allowances”, in relation to a member of the authority's staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

9

A fire and rescue authority created by an order under section 4A may pay—

a

pensions to, or in respect of, persons who are or have been members of the authority's staff, and

b

amounts for or towards the provision of pensions to, or in respect of, persons who are or have been members of the authority's staff.

10

An order under section 4A may make provision—

a

about the delegation by the fire and rescue authority created by the order of the authority's functions to the person who is for the time being the relevant deputy police and crime commissioner;

b

about the further delegation of such functions by that person to a member of staff of the authority or of the relevant police and crime commissioner;

c

about the delegation by the authority of such functions to a member of staff of the authority or of the relevant police and crime commissioner.

11

In subsection (10)—

• “the relevant deputy police and crime commissioner” means the deputy police and crime commissioner for the police area—

  1. a

     which corresponds to the area of the fire and rescue authority, or

  2. b

     within which the area of the fire and rescue authority falls;

• “the relevant police and crime commissioner” means the police and crime commissioner for that police area.

12

References in subsection (10) to a member of staff of a police and crime commissioner are to any of the following persons appointed under Schedule 1 to the Police Reform and Social Responsibility Act 2011—

a

the commissioner's chief executive;

b

the commissioner's chief finance officer;

c

other staff.

13

Provision made under subsection (10) may—

a

enable the delegation of any of the functions of the fire and rescue authority;

b

enable the delegation of any of the functions of the authority other than those specified or described in the order;

c

enable the delegation of the functions of the authority specified or described in the order.

14

An order under section 4A may make provision about—

a

the personal liability of a person who is the fire and rescue authority created by the order for acts or omissions done by the person in the exercise of the authority's functions;

b

the personal liability of a person who is a member of staff of the fire and rescue authority created by the order for acts or omissions done by the person in the carrying out of duties as a member of staff.

15

A fire and rescue authority created by an order under section 4A may acquire land compulsorily.

16

The Acquisition of Land Act 1981 applies in relation to the compulsory purchase of land pursuant to subsection (15).

4ERequirement for authority created by section 4A order to have fire fund

1

Each fire and rescue authority created by an order under section 4A must keep a fund to be known as the fire fund.

2

All of the receipts of a fire and rescue authority created by an order under section 4A must be paid into the relevant fire fund.

3

All of the expenditure of a fire and rescue authority created by an order under section 4A must be paid out of the relevant fire fund.

4

A fire and rescue authority created by an order under section 4A must keep accounts of payments made into or out of the relevant fire fund.

5

Subsections (2) and (3) are subject to the provisions of—

a

the scheme established under section 26 of the Fire Services Act 1947 (Firemen's Pension Scheme) (as continued in force by order under section 36),

b

a scheme under section 34 (pensions etc), or

c

scheme regulations within the meaning of the Public Service Pensions Act 2013.

6

In this section “relevant fire fund”, in relation to a fire and rescue authority created by an order under section 4A, means the fire fund which that authority keeps.

4FExercise of functions pursuant to section 4A order

1

A fire and rescue authority created by an order under section 4A must exercise its functions efficiently and effectively.

2

A person who is the fire and rescue authority by virtue of an order under section 4A may not act in that office unless the person has made and delivered a declaration of acceptance of office under section 70 of the Police Reform and Social Responsibility Act 2011 in accordance with that section.

3

Subsections (4) and (5) apply if—

a

an order under section 4A has effect for the area of a fire and rescue authority, and

b

an acting commissioner is appointed under section 62 of the Police Reform and Social Responsibility Act 2011 for the police area—

i

which corresponds to the area of the fire and rescue authority, or

ii

within which the area of the fire and rescue authority falls.

4

The acting commissioner is to act as the fire and rescue authority for the period of the acting commissioner's appointment.

5

Accordingly—

a

all of the functions of the fire and rescue authority are exercisable by the acting commissioner during that period, and

b

any property or rights vested in the fire and rescue authority may be dealt with by the acting commissioner in that period as if vested in the acting commissioner.

6

Subsection (7) applies if a person elected as police and crime commissioner for a police area—

a

is disqualified from being, or being elected as, a police and crime commissioner, or

b

is disqualified from being, or being elected as, the police and crime commissioner for that area.

7

Any acts of the person when acting in the office of fire and rescue authority are, despite that disqualification, as valid and effectual as if the person had not been disqualified.

4GSection 4A order: transitional provision

1

The transitional provision which may be made by an order under section 4A by virtue of section 60(2)(b) includes, in particular, provision of the kind described in the following provisions of this section.

2

An order under section 4A may make provision for a specified person to be the shadow fire and rescue authority for the area to which the order relates for a specified period.

3

A shadow fire and rescue authority is a person who has the specified functions of a fire and rescue authority in relation to that area, but is not otherwise the fire and rescue authority for that area.

4

An order under section 4A which includes provision by virtue of subsection (2) may make provision about the operation of any enactment in relation to—

a

the shadow fire and rescue authority, or

b

any other person to whom the enactment would otherwise apply.

5

This includes provision for the enactment to apply with modifications in relation to a person within subsection (4)(a) or (b).

6

An order under section 4A may make provision about the operation of the Local Government Finance Act 1992 in relation to the fire and rescue authority created by the order during a specified period beginning with the time when the authority becomes the fire and rescue authority for the area to which the order relates.

7

This includes provision for that Act to apply for that period with modifications in relation to—

a

the authority, or

b

any other person to whom that Act would otherwise apply.

8

Provision under subsection (4) or (6) may, in particular, make different provision for different parts of an authority's area.

9

In this section—

a

“specified” means specified in an order under section 4A;

b

“enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

c

references to the Local Government Finance Act 1992 include any provision made under that Act.

4HDelegation to chief constable for police area

1

The Secretary of State may by order make provision about—

a

the delegation of functions of a fire and rescue authority created, or to be created, by an order under section 4A to the chief constable of the police force for the police area—

i

which corresponds to the area of the fire and rescue authority, or

ii

within which the area of the fire and rescue authority falls;

b

the delegation by such a chief constable of the chief constable's fire and rescue functions.

2

Provision made under subsection (1) may—

a

enable the delegation of any of the functions mentioned in that subsection;

b

enable the delegation of any of the functions mentioned in that subsection other than those specified or described in the order;

c

enable the delegation of such of the functions mentioned in that subsection as are specified or described in the order.

3

Provision made under subsection (1)(b) may enable delegation to—

a

members of the chief constable's police force;

b

the civilian staff of that police force, as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011;

c

members of staff transferred to the chief constable under a scheme under section 4I(1);

d

members of staff appointed by the chief constable under section 4I(4).

4

An order under this section may be made only if the relevant police and crime commissioner has submitted a proposal for the order to the Secretary of State.

5

An order under this section may be made only if it appears to the Secretary of State that—

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.

6

The Secretary of State may not make an order under this section in a case within subsection (5)(a) if the Secretary of State thinks that the order would have an adverse effect on public safety.

7

In this section “relevant police and crime commissioner” has the same meaning as in Schedule A1; and that Schedule makes provision about the procedure for an order under this section which is not combined, or not proposed to be combined, with an order under section 4A (see in particular paragraph 7 of that Schedule).

8

In this section “fire and rescue functions”, in relation to a chief constable, means—

a

functions which are delegated to the chief constable under provision made under subsection (1)(a), and

b

functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

9

This section is subject to section 37 (prohibition on employment of police in fire-fighting).

4IFurther provision about chief constable covered by section 4H order

1

If an order is made under section 4H, the Secretary of State may make one or more schemes for the transfer of property, rights and liabilities—

a

from a fire and rescue authority to the chief constable to whom the order applies, or

b

from that chief constable to the fire and rescue authority to which the order applies.

2

The fire and rescue authority mentioned in subsection (1)(a) may be one created by an order under section 4A or another kind of fire and rescue authority.

3

Subsections (3) to (6) of section 4C apply to a transfer scheme under subsection (2) as they apply to a transfer scheme under that section.

4

A chief constable to whom an order under section 4H applies may appoint staff for the purpose of the exercise of the chief constable's fire and rescue functions.

5

A chief constable to whom an order under section 4H applies may—

a

pay remuneration, allowances and gratuities to members of the chief constable's fire and rescue staff;

b

pay pensions to, or in respect of, persons who are or have been such members of staff;

c

pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff.

6

In subsection (5) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

7

Subject to subsections (8) to (10), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (4) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011.

8

Where an order under section 4H is in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force's chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of the chief constable's fire and rescue functions.

9

Subsection (7) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions.

10

In subsection (9)—

• “finance officer for fire functions” means a member of a chief constable's fire and rescue staff who—

  1. a

     is not a chief finance officer of the kind mentioned in subsection (8), and

  2. b

     is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of the chief constable's fire and rescue functions;

• “finance officer for police functions” means a member of a chief constable's civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who—

  1. a

     is not a chief finance officer of the kind mentioned in subsection (8), and

  2. b

     is employed to carry out duties relating to the proper administration of a police force's financial affairs.

11

Where an order under section 4H is in force, the fire and rescue authority to which the order applies must pay—

a

any damages or costs awarded against the chief constable to whom the order applies in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable's fire and rescue staff;

b

any costs incurred by the chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings;

c

any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a member of the chief constable's fire and rescue staff, if the settlement is approved by the authority.

12

Where an order under section 4H is in force, the fire and rescue authority to which the order applies may, in such cases and to such extent as appears to the authority to be appropriate, pay—

a

any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the order applies in proceedings for any unlawful conduct of that member of staff;

b

costs incurred and not recovered by such a member of staff in such proceedings;

c

sums required in connection with the settlement of a claim that has or might have given rise to such proceedings.

13

In this section—

• “fire and rescue functions” has the same meaning as in section 4H;

• “fire and rescue staff”, in relation to a chief constable to whom an order under section 4H applies, means—

  1. a

     staff transferred to the chief constable under a scheme under subsection (1), and

  2. b

     staff appointed by the chief constable under subsection (4).

4JExercise of functions pursuant to section 4H order

1

This section applies if—

a

an order under section 4H makes provision in relation to the area of a fire and rescue authority, and

b

under the order, functions of the fire and rescue authority are delegated to the chief constable of the police force for the police area—

i

which corresponds to the area of the fire and rescue authority, or

ii

within which the area of the fire and rescue authority falls.

2

The chief constable must secure that good value for money is obtained in exercising—

a

functions which are delegated under the order, and

b

functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

3

The chief constable must secure that persons exercising functions delegated by the chief constable under the order obtain good value for money in exercising those functions.

4

The fire and rescue authority must—

a

secure the exercise of the duties which are delegated to the chief constable under the order,

b

secure the exercise of the duties relating to fire and rescue services which are imposed on the chief constable by or by virtue of any enactment,

c

secure that functions which are delegated to the chief constable under the order are exercised efficiently and effectively, and

d

secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively.

5

The fire and rescue authority must hold the chief constable to account for the exercise of such functions.

4KComplaints and conduct matters etc

1

If an order is made under section 4H(1)(b) that enables delegation to members of a police force or the civilian staff of a police force, the Secretary of State may by order amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision.

2

If an order is made under section 4H(1)(b) that enables delegation to members of staff transferred to a chief constable under a scheme under section 4I(1) or appointed by a chief constable under section 4I(4), the Secretary of State may by order make provision of the type described in subsection (3) in relation to those members of staff.

3

The provision referred to in subsection (2) is—

a

provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002;

b

provision applying (with or without modifications) any provision made by or under Part 2 of that Act.

4

The Secretary of State may by order, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002.

5

Before making an order under this section the Secretary of State must consult—

a

the Police Advisory Board for England and Wales,

b

the Independent Police Complaints Commission,

c

such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

d

such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and

e

such other persons as the Secretary of State considers appropriate.

4LApplication of fire and rescue provisions

1

The Secretary of State may by order—

a

apply (with or without modifications) any provision of a fire and rescue enactment in relation to a person within subsection (2);

b

make, in relation to a person within subsection (2), provision corresponding or similar to any provision of a fire and rescue enactment.

2

Those persons are—

a

a chief constable of a police force for a police area to whom an order under section 4H applies,

b

a member of staff transferred to such a chief constable under a scheme under section 4I(1),

c

a member of staff appointed by such a chief constable under section 4I(4),

d

a member of such a chief constable's police force to whom functions have been delegated by virtue of section 4H(1)(b), and

e

a member of the civilian staff of such a police force (as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011) to whom functions have been delegated by virtue of section 4H(1)(b).

3

The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a fire and rescue enactment or make provision corresponding or similar to any such provision.

4

The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).

5

In this section “fire and rescue enactment” means an enactment relating to a fire and rescue authority (including, in particular, an enactment relating to an employee of such an authority or property of such an authority).

This includes an enactment contained in this Act.

6

References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

4MApplication of local policing provisions

1

Schedule A2 makes provision about the application, in relation to a fire and rescue authority created by an order under section 4A, of legislation relating to police and crime commissioners.

2

The Secretary of State may by order—

a

apply (with or without modifications) any provision of a local policing enactment in relation to a fire and rescue authority created by an order under section 4A;

b

make, in relation to a fire and rescue authority created by an order under section 4A, provision corresponding or similar to any provision of a local policing enactment.

3

The power conferred by subsection (2)(a) or (b) includes power to apply (with or without modifications) any provision made by or under a local policing enactment or make provision corresponding or similar to any such provision.

4

The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (2).

5

In this section “local policing enactment” means an enactment relating to a police and crime commissioner.

6

References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

Interpretation of Part 1

5MInterpretation of Part 1

In this Part—

• “City of London police area” means the City of London as defined for the purposes of the Acts relating to the City of London police force;

• “metropolitan police district” means that district as defined in section 76 of the London Government Act 1963;

• “police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

2A

The Framework may contain different provision for different descriptions of fire and rescue authority.

Police and crime plan

25APolice and crime plan

A fire and rescue authority created by an order under section 4A must, in carrying out its functions, have regard to the police and crime plan issued by the police and crime commissioner for the police area—

a

which corresponds to the area of the fire and rescue authority, or

b

within which the area of the fire and rescue authority falls.

11

References in subsection (1) to persons who are or have been employed by a fire and rescue authority include persons who are or have been employed by the chief constable of the police force for a police area having been—

a

transferred to the chief constable under a scheme made under section 4I(1), or

b

appointed by the chief constable under section 4I(4).

12

References in the other provisions of this section to a fire and rescue authority include a chief constable of the police force for a police area who employs persons of the kind mentioned in subsection (11).

37Prohibition on employment of police in fire-fighting

1

No member of a police force may be employed by a fire and rescue authority or a relevant chief constable for the purpose of—

a

extinguishing fires, or

b

protecting life and property in the event of fires.

2

Subsection (1) does not prevent the exercise of functions under section 7 (fire-fighting) by—

a

a relevant chief constable, or

b

a deputy chief constable to whom such functions have been delegated by a relevant chief constable.

3

In this section “relevant chief constable” means the chief constable of a police force for a police area to whom functions of a fire and rescue authority have been delegated under an order under section 4H.

Schedule A1Procedure for orders under section 4A

Sections 4A(7) and 4H(7)

Proposal for order under section 4A

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.

Duty of relevant fire and rescue authority to cooperate in preparation of proposal

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.

Consultation on proposal

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.

Provision of representations to Secretary of State

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.

Decision by Secretary of State

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.

Interpretation

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.

Application of this Schedule to certain orders under section 4H

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 A1Application of legislation relating to police and crime commissioners

Section 4M(1)

Introductory

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. a

     which corresponds to the area of the fire and rescue authority, or

  2. b

     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.

Arrangements for obtaining the views of the community

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.

Scrutiny of fire and rescue plan

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.

Information for public

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.

Scrutiny of fire and rescue statement

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).

Information for police and crime panels

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.

Duties when carrying out functions

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.

Powers of police and crime panels

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.

Power to require attendance and information

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).

Conduct of fire and rescue authority

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.

Scrutiny of appointment of chief finance officer

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.

Scrutiny of precepts

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).

Regulations about complaints and conduct matters

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.

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.

c

the London Fire Commissioner.

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.

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.

Part 6AThe London Fire Commissioner

327AThe London Fire Commissioner

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.

327BDisqualification for appointment as London Fire Commissioner

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.

327CSuspension and removal of London Fire Commissioner

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.

327DDirections etc by the Mayor

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.

327EDirections to the Mayor by the Secretary of State

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.

327FThe Deputy Mayor for Fire

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.

327GScrutiny of documents prepared by London Fire Commissioner

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.

327HThe Assembly fire and emergency committee

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.

327IFunctions to be discharged by the fire and emergency committee

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).

c

the London Fire Commissioner,

Schedule 27AThe London Fire Commissioner

Section 327A

Appointment and tenure of office

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).

Remuneration

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.

The Deputy London Fire 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.

Damages and costs in legal proceedings

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.