Levelling-up and Regeneration Act 2023

34 Exercise of fire and rescue functions

(1) This section applies to a mayor for the area of a CCA who—

(a) by virtue of section 30(1), may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and

(b) by virtue of section 33(1), may exercise functions of a police and crime commissioner.

(2) The Secretary of State may by regulations make provision—

(a) authorising the mayor to arrange for the chief constable of the police force for the police area which corresponds to the area of the CCA to exercise fire and rescue functions exercisable by the mayor;

(b) authorising that chief constable to arrange for a person within subsection (4) to exercise the chief constable’s fire and rescue functions.

(3) Regulations under subsection (2) may provide that arrangements made under the regulations—

(a) may authorise the exercise of any functions mentioned in that subsection;

(b) may authorise the exercise of any functions mentioned in that subsection other than those specified or described in the regulations;

(c) may authorise the exercise of such of the functions mentioned in that subsection as are specified or described in the regulations.

(4) The persons mentioned in subsection (2)(b) are—

(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 made by virtue of section 36(1);

(d) members of staff appointed by the chief constable under section 36(2).

(5) Provision in regulations under section 30(1) for a function to be exercisable only by the mayor for the area of a CCA is subject to provision made by virtue of subsection (2).

(6) This section is subject to—

(a) section 35 (section 34 regulations: procedure), and

(b) section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting).

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

(a) functions which are exercisable by the chief constable by virtue of provision made under subsection (2)(a), and

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