Policing and Crime Bill (HC Bill 158)

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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
5authority 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
10each 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) 15in subsections (1B) and (5) 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) 20the 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
25in 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) 30references 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) 35references 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) 40in 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
45and rescue authority as it applies in relation to an elected local
policing body, subject to sub-paragraph (2).

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(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) the reference to the chief officer’s functions were to the
5functions delegated to the relevant chief officer under
provision made under section 4H.

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
10relevant 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 subsection have effect as
if—

(a) references to an annual report were to a fire and rescue
15statement, 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) 20Section 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) 25references 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) 30Subsections (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) 35As 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) 40the 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
45recommendations made by the panel on the annual report
for the previous financial year were to any report or

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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
5bodies were to relevant fire and rescue authorities.

Powers of police and crime panels

8 (1) Subsections (2) to (4), (6), (7) 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
10and 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
15crime 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) 20the references in subsection (6) to Schedules 1 and 8 were
omitted, and

(e) 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) 25Section 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) 30references 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
35relevant chief constable (within the meaning of this
Schedule).

Scrutiny of appointment of chief finance officer

10 (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
40appointment 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) 45the references in paragraph 9 to the relevant police and
crime panel (within the meaning of that Act) were to the

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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
5authority’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) 10paragraph 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
15crime 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
20of 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) 25within which the area of the relevant fire and rescue
authority falls.

Scrutiny of precepts

11 (1) Schedule 5 to the Police Reform and Social Responsibility Act 2011
(issuing precepts) applies in relation to a relevant fire and rescue
30authority 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
35relevant police and crime panel (within the meaning of this
Schedule).”

Part 2 Amendments to other Acts

Fire Services Act 1947 (c. 41)1947 (c. 41)

13 40In section 26 of the Fire Services Act 1947 (Firefighters’ Pension Scheme) (as
continued in force by order under section 36 of the Fire and Rescue Services
Act 2004) after subsection (5) insert—

(5A) References in this section to employment as a member of a fire
brigade or on duties connected with the provision of fire services
45include employment by the chief constable of the police force for a
police area as a result of—

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(a) a transfer to the chief constable under a scheme made under
section 4I(1) of the Fire and Rescue Services Act 2004, or

(b) an appointment by the chief constable under section 4I(4) of
that Act.

(5B) 5References in this section to a fire authority include the chief
constable of the police force for a police area who employs persons
as mentioned in subsection (5A).”

Local Government Act 1966 (c. 42)1966 (c. 42)

14 In section 11 of the Local Government Act 1966 (grants for certain
10expenditure due to ethnic minority population) in subsection (2) (bodies to
which the section applies) after “This section shall apply to” insert “a fire and
rescue authority created by an order under section 4A of the Fire and Rescue
Services Act 2004,”.

Leasehold Reform Act 1967 (c. 88)1967 (c. 88)

15 15The Leasehold Reform Act 1967 is amended as follows.

16 In section 28 (retention or resumption of land required for public purposes)
in subsection (5)(a) (application to local authorities) after “any combined
authority established under section 103 of that Act,” insert “any fire and
rescue authority created by an order under section 4A of the Fire and Rescue
20Services Act 2004,”.

17 In Schedule 4A (exclusion of certain shared ownership leases) in paragraph
2(2) (leases granted by certain local authorities: bodies to which the
exclusion applies) after paragraph (b) insert—

(ba) a fire and rescue authority created by an order under section
254A of the Fire and Rescue Services Act 2004,”.

Local Government Grants (Social Need) Act 1969 (c. 2)1969 (c. 2)

18 In section 1 of the Local Government Grants (Social Need) Act 1969 (grants
for special social needs) in subsection (3) (meaning of “local authority”) after
“shall also include” insert “a fire and rescue authority created by an order
30under section 4A of the Fire and Rescue Services Act 2004,”.

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)1969 (c. 57)

19 In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act
1969 (employers exempted from insurance: employers to which the
exemption applies) after “a combined authority established under section
35103 of that Act,” insert “a fire and rescue authority created by an order under
section 4A of the Fire and Rescue Services Act 2004,”.

Local Authorities (Goods and Services) Act 1970 (c. 39)1970 (c. 39)

20 In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply
of goods and services by local authorities) in subsection (4) (interpretation)
40after “any combined authority established under section 103 of that Act,”
insert “any fire and rescue authority created by an order under section 4A of
the Fire and Rescue Services Act 2004,”.

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Local Government Act 1972 (c. 70)1972 (c. 70)

21 The Local Government Act 1972 is amended as follows.

22 In section 138C(1) (application of provisions about religious etc observance
and involvement with religious etc events) after paragraph (p) insert—

(pa) 5a fire and rescue authority created by an order under section
4A of that Act, but only for the purposes of section 138B;”.

23 In section 222 (power of local authority to prosecute or defend legal
proceedings) in subsection (2) (application to bodies other than local
authorities) after “the Common Council” insert “, a fire and rescue authority
10created by an order under section 4A of the Fire and Rescue Services Act
2004”.

24 In section 223 (appearance of local authorities in legal proceedings) in
subsection (2) (application to bodies other than local authorities) after “a
combined authority,” insert “a fire and rescue authority created by an order
15under section 4A of the Fire and Rescue Services Act 2004,”.

Employment Agencies Act 1973 (c. 35)1973 (c. 35)

25 In section 13(7) of the Employment Agencies Act 1973 (persons to whom the
Act does not apply) after paragraph (fh) insert—

(fi) the exercise by a fire and rescue authority created by an order
20under section 4A of the Fire and Rescue Services Act 2004 of
any of its functions;”.

Local Government Act 1974 (c. 7)1974 (c. 7)

26 In section 25(1) of the Local Government Act 1974 (authorities subject to
investigation) after paragraph (bg) insert—

(bh) 25a fire and rescue authority created by an order under section
4A of that Act;”.

Health and Safety at Work etc Act 1974 (c. 37)1974 (c. 37)

27 In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on
disclosure of information: meaning of local authority) after “a combined
30authority established under section 103 of that Act” insert “, a fire and rescue
authority created by an order under section 4A of the Fire and Rescue
Services Act 2004”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)1976 (c. 57)

28 In section 44(1) of the Local Government (Miscellaneous Provisions) Act
351976 (interpretation of Part 1) in paragraph (a) of the definition of “local
authority” after “a combined authority established under section 103 of that
Act” insert “, a fire and rescue authority created by an order under section
4A of the Fire and Rescue Services Act 2004”.

Rent (Agriculture) Act 1976 (c. 80)1976 (c. 80)

29 40In section 5(3) of the Rent (Agriculture) Act 1976 (tenancies which are not

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statutory tenancies) after paragraph (bbb) insert—

(bbc) a fire and rescue authority created by an order under section
4A of the Fire and Rescue Services Act 2004;”.

Rent Act 1977 (c. 42)1977 (c. 42)

30 5In section 14(1) of the Rent Act 1977 (tenancies which are not protected
tenancies) after paragraph (cc) insert—

(cd) a fire and rescue authority created by an order under section
4A of the Fire and Rescue Services Act 2004;”.

Protection from Eviction Act 1977 (c. 43)1977 (c. 43)

31 10In section 3A(8)(a) (excluded tenancies and licences: licences to occupy local
authority etc hostels) after “the Inner London Education Authority,” insert
“a fire and rescue authority created by an order under section 4A of the Fire
and Rescue Services Act 2004,”.

Local Government, Planning and Land Act 1980 (c. 65)1980 (c. 65)

32 15The Local Government, Planning and Land Act 1980 is amended as follows.

33 In section 99 (disposal of land at direction of Secretary of State -
supplementary) in subsection (4) (authorities who may make
representations about directions) after paragraph (dbb) insert—

(dbc) a fire and rescue authority created by an order under section
204A of the Fire and Rescue Services Act 2004;”.

34 In Schedule 16 (bodies to whom Part 10 applies) after paragraph 5BC
insert—

5BD A fire and rescue authority created by an order under section 4A
of the Fire and Rescue Services Act 2004.”

25Acquisition of Land Act 1981 (c. 67)1981 (c. 67)

35 In section 17(4) of the Acquisition of Land Act 1981 (local authority and
statutory undertakers’ land: interpretation) in paragraph (a) of the
definition of “local authority” after “the Common Council of the City of
London,” insert “a fire and rescue authority created by an order under
30section 4A of the Fire and Rescue Services Act 2004,”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)1982 (c. 30)

36 The Local Government (Miscellaneous Provisions) Act 1982 is amended as
follows.

37 In section 33 (enforceability by local authorities of certain covenants relating
35to land) in subsection (9)(a) (meaning of “principal council”) after “the
London Residuary Body,” insert “a fire and rescue authority created by an
order under section 4A of the Fire and Rescue Services Act 2004,”.

38 In section 41 (lost and uncollected property) in subsection (13)
(interpretation) in the definition of “local authority” after paragraph (ezb)

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insert—

(ezc) a fire and rescue authority created by an order under section
4A of the Fire and Rescue Services Act 2004;”.

39 In section 45 (arrangements under Employment and Training Act 1973) in
5subsection (2) (local authorities to which section applies) after paragraph (c)
(but before the “and” at the end of that paragraph) insert—

(ca) a fire and rescue authority created by an order under section
4A of the Fire and Rescue Services Act 2004;”.

County Courts Act 1984 (c. 28)1984 (c. 28)

40 10In section 60(3) of the County Courts Act 1984 (right of audience of local
authority: interpretation) in the definition of “local authority” after “a
combined authority established under section 103 of that Act” insert “a fire
and rescue authority created by an order under section 4A of the Fire and
Rescue Services Act 2004,”.

15Housing Act 1985 (c. 68)1985 (c. 68)

41 In section 4(1)(e) of the Housing Act 1985 (other descriptions of authority:
local authorities) after “a combined authority” in both places insert “, a fire
and rescue authority created by an order under section 4A of the Fire and
Rescue Services Act 2004”.

20Landlord and Tenant Act 1985 (c.70)1985 (c.70)

42 In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the
definition of “local authority” after “a combined authority established under
section 103 of that Act” insert “, a fire and rescue authority created by an
order under section 4A of the Fire and Rescue Services Act 2004”.

25Local Government Act 1986 (c. 10)1986 (c. 10)

43 The Local Government Act 1986 is amended as follows.

44 In section 6(2)(a) (meaning of “local authority” for the purposes of Part 2)
after the entry relating to a combined authority established under section
103 of the Local Democracy, Economic Development and Construction Act
302009 insert—

  • “a fire and rescue authority created by an order under section
    4A of the Fire and Rescue Services Act 2004,”.

45 In section 9(1)(a) of the Local Government Act 1986 (meaning of “local
authority” for the purposes of Part 3) after the entry relating to a combined
35authority established under section 103 of the Local Democracy, Economic
Development and Construction Act 2009 insert—

  • “a fire and rescue authority created by an order under section
    4A of the Fire and Rescue Services Act 2004,”.

Landlord and Tenant Act 1987 (c.31)1987 (c.31)

46 40In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) in
paragraph (a) (local authorities) after “the Common Council of the City of

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London,” insert “a fire and rescue authority created by an order under
section 4A of the Fire and Rescue Services Act 2004,”.

Local Government Act 1988 (c. 9)1988 (c. 9)

47 In Schedule 2 to the Local Government Act 1988 (public supply or works
5contracts: the public authorities) in the entry relating to a fire and rescue
authority constituted by a scheme under section 2 of the Fire and Rescue
Services Act 2004 and other fire and rescue authorities, after “applies” insert
“, a fire and rescue authority created by an order under section 4A of that
Act”.

10Housing Act 1988 (c. 50)1988 (c. 50)

48 The Housing Act 1988 is amended as follows.

49 In section 74(8) (transfer of land etc to housing action trusts: meaning of
“local authority”) after paragraph (fb) insert—

(fc) a fire and rescue authority created by an order under section
154A of the Fire and Rescue Services Act 2004;”.

50 In Part 1 of Schedule 1 (tenancies which cannot be assured tenancies) in
paragraph 12(2) (local authority tenancies: meaning of “local authority”)
after (e) insert—

(ea) a fire and rescue authority created by an order under section
204A of the Fire and Rescue Services Act 2004;”.

Road Traffic Act 1988 (c. 52)1988 (c. 52)

51 In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from the
requirement for third party insurance) after “the Inner London Education
Authority,” insert “a fire and rescue authority created by an order under
25section 4A of the Fire and Rescue Services Act 2004,”.

Local Government and Housing Act 1989 (c. 42)1989 (c. 42)

52 The Local Government and Housing Act 1989 is amended as follows.

53 In section 1(9) (meaning of politically restricted post under a local authority)
at the end insert “, and every member of staff of a fire and rescue authority
30created by an order under section 4A of the Fire and Rescue Services Act
2004.”

54 (1) Section 4 (designation and reports of head of paid service) is amended as
follows.

(2) In subsection (4) after paragraph (a) insert—

(aa) 35in the case of a fire and rescue authority created by an order
under section 4A of the Fire and Rescue Services Act 2004, to
the authority and to the police and crime panel for the police
area—

(i) which corresponds to the authority’s area, or

(ii) 40within which the area of the authority falls;”.

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(3) After subsection (5A) insert—

(5B) It shall be the duty of a fire and rescue authority created by an order
under section 4A of the Fire and Rescue Services Act 2004 to consider
any report under this section by the head of the authority’s paid
5service and to do so no later than three months after the authority is
sent a copy of the report.”

(4) In subsection (6)(a) for “and an elected local policing body” substitute “, an
elected local policing body and a fire and rescue authority created by an
order under section 4A of the Fire and Rescue Services Act 2004”.

55 (1) 10Section 5 (designation and reports of monitoring officer) is amended as
follows.

(2) In subsection (3) after the second paragraph (a) insert—

(aa) in the case of a fire and rescue authority created by an order
under section 4A of the Fire and Rescue Services Act 2004, to
15the authority and to the police and crime panel for the police
area—

(i) which corresponds to the authority’s area, or

(ii) within which the area of the authority falls;”.

(3) In subsection (5)(a) after sub-paragraph (i) insert—

(“ia) 20in the case of a fire and rescue authority created by an
order under section 4A of the Fire and Rescue
Services Act 2004, no later than three months after the
authority is sent a copy of the report;”.

(4) In subsection (8) in paragraph (a) of the definition of “relevant authority” for
25“and an elected local policing body” substitute “, an elected local policing
body and a fire and rescue authority created by an order under section 4A of
the Fire and Rescue Services Act 2004”.

56 In section 21 (interpretation of Part 1) after subsection (1) insert—

(1A) In the following provisions of this Part references to a local authority
30include a fire and rescue authority created by an order under section
4A of the Fire and Rescue Services Act 2004—

(a) section 1 (disqualification and political restriction of certain
officers and staff),

(b) section 2 (politically restricted posts), and

(c) 35section 7 (all staff to be appointed on merit).

(1B) In the application of section 1(1) to a fire and rescue authority created
by an order under section 4A of the Fire and Rescue Services Act 2004
by virtue of subsection (1A) the reference to being or remaining a
member of a local authority is to be read as a reference to becoming
40or remaining such an authority.”

57 In section 152(2) (meaning of “relevant authority” for the purposes of
sections 150 and 151) after paragraph (f) insert—

(fa) a fire and rescue authority created by an order under section
4A of that Act;”.

58 45In section 155(4) (emergency financial assistance to local authorities: