Policing and Crime Bill (HC Bill 158)

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meaning of “local authority”) after paragraph (h) insert—

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

59 Until the coming into force of the repeal of section 67 of the Local
5Government, Planning and Land Act 1989 (application of provisions about
companies in which local authorities have interests) by the Local
Government and Public Involvement in Health Act 2007, subsection (3) of
that section has effect as if after paragraph (h) there were inserted—

(ha) a fire and rescue authority created by an order under section
104A of that Act;”.

Town and Country Planning Act 1990 (c. 8)1990 (c. 8)

60 In section 252 of the Town and Country Planning Act 1990 (procedures for
highways orders) in the definition of “local authority” in subsection (12)
after “a combined authority established under section 103 of that Act,” insert
15“a fire and rescue authority created by an order under section 4A of the Fire
and Rescue Services Act 2004,”.

Local Government Finance Act 1992 (c. 14)1992 (c. 14)

61 (1) The Local Government Finance Act 1992 is amended as follows.

(2) In section 39(1) (major precepting authorities) after paragraph (da) insert—

(db) 20a fire and rescue authority created by an order under section
4A of that Act;”.

(3) In section 65(3) (duty of relevant authority to consult ratepayers: meaning of
“relevant authority”) after “apart from a police and crime commissioner”
insert “or a fire and rescue authority created by an order under section 4A of
25the Fire and Rescue Services Act 2004.”.

Local Government (Overseas Assistance) Act 1993 (c. 25)1993 (c. 25)

62 In section 1 of the Local Government (Overseas Assistance) Act 1993 (power
to provide advice and assistance) in subsection (10) (other bodies) after
paragraph (a) insert—

(ab) 30a fire and rescue authority created by an order under section
4A of that Act;”.

Deregulation and Contracting Out Act 1994 (c. 40)1994 (c. 40)

63 The Deregulation and Contracting Out Act 1994 is amended as follows.

64 In section 70(1ZB) (functions of local authorities: application to certain fire
35and rescue authorities) after “applies” insert “or a fire and rescue authority
created by an order under section 4A of that Act”.

65 In section 79A (local authorities in England) after paragraph (n) insert—

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

40Police Act 1996 (c. 16)1996 (c. 16)

66 In section 63 of the Police Act 1996 (Police Advisory Board for England and

Policing and Crime BillPage 171

Wales), at the end insert—

(4) Section 4I of the Fire and Rescue Services Act 2004 also imposes a
requirement on the Secretary of State to consult the Police Advisory
Board for England and Wales.”

5Crime and Disorder Act 1998 (c. 37)1998 (c. 37)

67 The Crime and Disorder Act 1998 is amended as follows.

68 In section 5(5) (authorities responsible for strategies: interpretation) in the
definition of “fire and rescue authority” after paragraph (a) insert—

(aa) a fire and rescue authority created by an order under section
104A of that Act;”.

69 In section 17(2) (duty to consider crime and disorder implications:
authorities to which duty applies) after the entry relating to a fire and rescue
authority constituted by a scheme under section 2 of the Fire and Rescue
Services Act 2004 or a scheme to which section 4 of that Act applies insert—

  • 15“a fire and rescue authority created by an order under section
    4A of that Act;”.

70 In section 115(2) (disclosure of information: meaning of relevant authority)
after paragraph (i) insert—

(ia) a fire and rescue authority created by an order under section
204A of that Act;”.

Freedom of Information Act 2000 (c. 36)2000 (c. 36)

71 In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities: local government) after paragraph 14 insert—

14A A fire and rescue authority created by an order under section 4A
25of that Act.”

Police Reform Act 2002 (c. 30)2002 (c. 30)

72 In section 38 of the Police Reform Act 2002 (police powers for civilian staff)
after subsection (11) insert—

(11A) In the case of a police force maintained for a police area in England
30in accordance with section 2 of the Police Act 1996, the following are
also relevant employees for the purposes of this section—

(a) any member of staff transferred to the chief constable of the
police force under a scheme made under section 4I(1) of the
Fire and Rescue Services Act 2004 (transfer of property, rights
35and liabilities to chief constable to whom fire functions of a
fire and rescue authority may be delegated);

(b) any member of staff appointed by that chief constable under
section 4I(4) of that Act (appointment of staff by chief
constable to whom fire functions of a fire and rescue
40authority may be delegated).”

Local Government Act 2003 (c. 26)2003 (c. 26)

73 (1) The Local Government Act 2003 is amended as follows.

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(2) In section 23(1) (local authorities to which the provisions about capital
finance etc and accounts apply) after paragraph (m) insert—

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

(3) 5In section 33(1) (expenditure grant: interpretation) after paragraph (l)
insert—

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

(4) In section 95(7) (power to trade in function-related activities through a
10company: interpretation) in the definition of “relevant authority” after
paragraph (ab) insert—

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

(5) In section 97(11) (power to modify enactments in connection with charging
15or trading: interpretation) in the definition of “relevant authority” after
paragraph (aa) insert—

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

Local Government and Public Involvement in Health Act 2007 (c. 28)2007 (c. 28)

74 20In section 104 (partner authorities) of the Local Government and Public
Involvement in Health Act 2007 in subsection (5) (meaning of “fire and
rescue authority”) after paragraph (a) insert—

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

25Equality Act 2010 (c. 15)2010 (c. 15)

75 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) after the
entry relating to a fire and rescue authority constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 or a scheme to which
section 4 of that Act applies insert—

  • 30“A fire and rescue authority created by an order under section
    4A of that Act.”.

Police Reform and Social Responsibility Act 2011 (c. 13)2011 (c. 13)

76 The Police Reform and Social Responsibility Act 2011 is amended as follows.

77 In section 5 (police and crime commissioner to issue police and crime plan)
35after subsection (5) insert—

(5A) Subsection (5B) applies to a police and crime commissioner for a
police area—

(a) which corresponds to the area of a fire and rescue authority
created by an order under section 4A, or

(b) 40within which the area of such a fire and rescue authority falls.

(5B) In issuing or varying a police and crime plan, the police and crime
commissioner must have regard to—

(a) the current Fire and Rescue National Framework prepared
under section 21 of the Fire and Rescue Services Act 2004, and

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(b) the last document prepared and published by the fire and
rescue authority in accordance with that Framework which
sets out the authority’s priorities and objectives, for the
period covered by the document, in connection with the
5discharge of the authority’s functions.”

78 In section 66 (disqualification from election or holding office as police and
crime commissioner: other grounds) after subsection (9) insert—

(10) Subsection (11) applies to the police and crime commissioner for a
police area if, by virtue of an order under section 4A of the Fire and
10Rescue Services Act 2004, the person who is for the time being the
commissioner for that area is also the fire rescue authority for an area
which corresponds to or falls within the police area.

(11) A person is disqualified from being elected as, or being, that police
and crime commissioner if the person is employed by—

(a) 15a fire and rescue authority within section 1(2) or (3) of the Fire
and Rescue Services Act 2004,

(b) a fire and rescue authority constituted by a scheme under
section 2 of that Act or a scheme to which section 4 of that Act
relates, or

(c) 20a fire and rescue authority created by an order under section
4A of that Act.”

79 In Schedule 1 (police and crime commissioners) in paragraph 2 (salary etc)
after sub-paragraph (3) insert—

(4) Where the person who is the police and crime commissioner for a
25police area is also a fire and rescue authority created by an order
under section 4A of the Fire and Rescue Services Act 2004, a
determination under this paragraph in relation to that person
may, in particular, take account of the fact that the person also
exercises functions as that fire and rescue authority.”

80 (1) 30Schedule 6 (police and crime panels) is amended as follows.

(2) In paragraph 4(6) (functions of panels) at the end insert “or by, or by virtue
of, the Fire and Rescue Services Act 2004.”

(3) In paragraph 22 (co-opted members of police and crime panels)—

(a) the existing paragraph becomes sub-paragraph (1), and

(b) 35at the end of that sub-paragraph insert—

(2) Sub-paragraph (3) applies (as well as sub-paragraph (1)) in
relation to a police and crime panel for a police area which,
under or by virtue of the Fire and Rescue Services Act 2004,
exercises functions in relation to a fire and rescue
40authority.

(3) A person may not be a co-opted member of the panel if the
person is—

(a) a member of staff of the fire and rescue authority,
or

(b) 45if an order under section 4H of that Act is in force
in relation to that authority, a member of staff of the

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chief constable of the police force for the police area
who has been—

(i) transferred to the chief constable under a
scheme made under subsection 4I(1) of that
5Act, or

(ii) appointed by the chief constable under
section 4I(4) of that Act”

(4) In paragraph 27 (exercise of special functions) after sub-paragraph (2)
insert—

(3) 10The references in sub-paragraph (2) to section 28(3) and (4) and
Schedule 5 include those provisions as applied in relation to a fire
and rescue authority by virtue of Schedule A2 to the Fire and
Rescue Services Act 2004.”

(5) After paragraph 32 insert—

15“Duty to produce panel with fire and rescue expertise

32A (1) Sub-paragraph (2) applies in relation to a police and crime panel
for a police area if—

(a) a fire and rescue authority is created by an order under
section 4A of the Fire and Rescue Services Act 2004, and

(b) 20the area of the fire and rescue authority is the same as, or
falls within, the police area.

(2) Each person listed in sub-paragraph (3)—

(a) must consider whether the person could exercise a
function conferred on the person by or by virtue of this
25Schedule to enable the fire and rescue expertise objective to
be met or to contribute to that objective being met, and

(b) if the person considers that the person could exercise such
a function to that end, must do so.

(3) Those persons are—

(a) 30the panel,

(b) a relevant local authority, and

(c) the Secretary of State.

(4) The “fire and rescue expertise objective” referred to in this
paragraph is the objective that members of the panel (when taken
35together) have the skills, knowledge and experience necessary for
the panel effectively to discharge its functions in relation to the fire
and rescue authority.”

81 In Schedule 8 (appointment, suspension and removal of senior police
officers) in paragraph 2 (no appointment until end of confirmation
40process)—

(a) in sub-paragraph (1A) for “A person” substitute insert “Subject to
sub-paragraph (1AA), a person”, and

(b) after sub-paragraph (1A) insert—

(1AA) Where, under an order under section 4H of the Fire and
45Rescue Services Act 2004, functions of a fire and rescue
authority are delegated to the chief constable of the police

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force for a police area, a person is eligible for appointment
as that chief constable if the person—

(a) has experience at a senior level in the provision of
services provided under the Fire and Rescue
5Services Act 2004, and

(b) has undertaken training in relation to policing
matters of a kind that is specified by the College of
Policing for the purposes of this paragraph.”

Localism Act 2011 (c. 20)2011 (c. 20)

82 10In section 43(1) of the Localism Act 2011 (meaning of “relevant authority” for
purposes of provisions on pay accountability)—

(a) omit the “or” at the end of paragraph (h), and

(b) at the end of paragraph (i) insert , or

(j) a fire and rescue authority created by an order under
15section 4A of that Act”.

Public Service Pensions Act 2013 (c. 25)2013 (c. 25)

83 In Schedule 1 to the Public Service Pensions Act 2013 (persons in public
service: definitions) in paragraph 6 (fire and rescue workers) for the “or” at
end of paragraph (a) substitute—

(aa) 20the chief constable of the police force for a police area
having been—

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

(ii) 25appointed by the chief constable under section 4I(4)
of that Act, or”.

Local Audit and Accountability Act 2014 (c. 2)2014 (c. 2)

84 (1) The Local Audit and Accountability Act 2014 is amended as follows.

(2) In Schedule 2 (relevant authorities) after paragraph 22 insert—

22A 30A fire and rescue authority created by an order under section 4A
of the Fire and Rescue Services Act 2004.”

(3) In Schedule 7 (reports and recommendations by local auditor) in paragraph
5(7) (duty of certain authorities to consider report or recommendation) for
“or the Mayor’s Office for Policing and Crime” substitute “, the Mayor’s
35Office for Policing and Crime or a fire and rescue authority created by an
order under section 4A of the Fire and Rescue Services Act 2004”.

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Section 9

SCHEDULE 2 The London Fire Commissioner

Part 1 Amendments to the Greater London Authority Act 1999

1 5The Greater London Authority Act 1999 is amended as follows.

2 In section 21 (disqualification from being the Mayor or an Assembly
member) after subsection (1) insert—

(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
1067(1)(b) and designated as the Deputy Mayor for Fire, from being
elected as or being an Assembly member.”

3 In section 31(1) (limits of the Authority’s general power) for paragraph (c)
substitute—

(c) the London Fire Commissioner.”

4 15In section 45(7)(b) (the Mayor’s periodic report to the Assembly: advice
which may need to be disclosed in certain circumstances) for “the London
Fire and Emergency Planning Authority” substitute “the London Fire
Commissioner”.

5 (1) Section 60A (confirmation hearings etc for certain appointments by the
20Mayor) is amended as follows.

(2) In subsection (3) (offices to which section 60A applies)—

(a) before the entry for the chairman or deputy chairman of Transport
for London insert—

  • “London Fire Commissioner (see section 327A);

  • 25person appointed by the Mayor under section 67(1)(b) as
    the Deputy Mayor for Fire;”, and

(b) omit the entry for the chairman of the London Fire and Emergency
Planning Authority.

(3) After subsection (4) insert—

(4A) 30This section also applies in any case where the Mayor proposes to
designate as the Deputy Mayor for Fire a person appointed under
section 67(1)(b).

(4B) References in section 327H and Schedule 4A to appointment of a
person as the Deputy Mayor for Fire (however expressed) include
35such a designation.”

6 In section 61(12)(b) (power to require attendance at Assembly meetings:
advice which may need to be disclosed in certain circumstances) for
paragraph (c) substitute—

(c) the London Fire Commissioner,”.

7 40In section 67(1)(b) (power of Mayor to appoint ten members of staff in
addition to the Mayor’s political advisers) for “ten” substitute “eleven”.

8 In section 68 (disqualification and political restriction) after subsection (3)

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insert—

(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,
5from becoming or remaining a member of the Assembly.”

9 In section 70 (terms and conditions of employment) after subsection (7)
insert—

(7A) Subsection (3) does not prevent—

(a) a person appointed under section 67(1)(b) as the Deputy
10Mayor 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.”

10 15After Part 6 insert—

“Part 6A

The London Fire Commissioner

327A The 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) 20The 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) 25The 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
30Commissioner’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
35applies 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) 40Schedule 27A makes further provision about the London Fire
Commissioner.

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327B Disqualification 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
5London 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) 10a 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
15Schedule 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) 20the 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
25House 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) 30for 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
35having 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
40of or abandoned or fails by reason of non-prosecution.

327C Suspension 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
45Mayor must notify the Secretary of State of the suspension.

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(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
5to 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
10resignation 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
15Commissioner.

(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 retire or resign.

327D Directions etc by the Mayor

(1) 20The 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,
25or

(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) 30The 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) 35In 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—

  • 40“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
    45Safety) Order 2005 (SI 2005/1541SI 2005/1541) given by the Secretary of
    State to the London Fire Commissioner in the

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    Commissioner’s capacity as an enforcing authority for the
    purposes of that Order.

327E Directions to the Mayor by the Secretary of State

(1) This section applies if the Secretary of State thinks that any guidance
5or 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
10direct 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
15section 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)
20above.

(5) In this section “the Fire and Rescue National Framework” and “fire
safety enforcement guidance” have the same meanings as in section
327D.

327F The Deputy Mayor for Fire

(1) 25The 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) 30a 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) 35section 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
40section 327D(1) by the Deputy Mayor for Fire as it applies in relation
to their exercise by the Mayor.

327G Scrutiny 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
45Rescue National Framework and which—

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(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
5has 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
10Mayor 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,
15under 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.

327H The Assembly fire and emergency committee

(1) 20The 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) 25the 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
30committee 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
35the whole panel; but that is without prejudice to rules of procedure
about the quorum of a meeting of the whole panel.

(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
40emergency 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) 45section 55 (Assembly committees and sub-committees).

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(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
5fire 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
10emergency 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) 15the 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 panel.

(11) The following provisions apply to any sub-committee by which fire
20and 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) 25The 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) 30by 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.

327I Functions to be discharged by the fire and emergency committee

(1) 35The 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
40revision 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) 45For the purposes of subsection (2), the powers of the Assembly
include, in particular, power to investigate, and prepare reports
about—

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(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
5Commissioner, or

(d) matters in relation to which the functions of the London Fire
Commissioner are exercisable.

(4) The Assembly may submit proposals to the London Fire
Commissioner.

(5) 10The Assembly may require a person referred to in subsection (6)—

(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.

(6) 15Those 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
20requirement to be imposed under subsection (5) been the
Deputy Mayor for Fire or the London Fire Commissioner.

(7) Nothing in subsection (5) 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
25that officer.

(8) The following provisions apply (with appropriate modifications) to
a requirement under subsection (5) as they apply to a requirement
under section 61(1)—

(a) section 61(14) (meaning of document etc);

(b) 30section 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).”

11 (1) Omit Part 7 (the London Fire and Emergency Planning Authority).

(2) 35The repeal of section 328 in that Part by sub-paragraph (1) does not affect the
continued operation of subsections (5) to (7) of that section, and subsection
(9) of that section so far as applying to those subsections.

(3) In the application of those subsections by virtue of sub-paragraph (2),
references in those subsections to the Fire etc Authority are to be read as
40references to the London Fire Commissioner.

12 In section 419(1) (bodies to be treated as local authorities for the purposes of
enactments relating to taxation) for paragraph (c) substitute—

(c) the London Fire Commissioner,”.

13 (1) Section 424(1) (interpretation) is amended as follows.

(2) 45Omit the definition of “the Fire etc Authority”.

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(3) In the definition of “functional body” for paragraph (d) substitute—

(d) the London Fire Commissioner;”.

14 (1) Schedule 4A (confirmation hearings etc for certain appointments) is
amended as follows.

(2) 5In paragraph 1 after sub-paragraph (7) insert—

(8) Paragraph 9 does not apply in relation to—

(a) the appointment of a person as the London Fire
Commissioner, or

(b) the appointment of a person as the Deputy Mayor for Fire
10under section 67(1)(b),

(but see section 327H).

(9) Paragraph 11 applies to—

(a) the appointment of a person as the London Fire
Commissioner, and

(b) 15the appointment of a person as the Deputy Mayor for Fire
under section 67(1)(b) if the candidate is not a member of
the Assembly.

(10) Paragraphs 2, 4 and 5 are subject to paragraph 11.”

(3) After paragraph 10 insert—

11 (1) 20The Assembly may veto—

(a) the appointment of the candidate as the London Fire
Commissioner, or

(b) the appointment of the candidate as the Deputy Mayor for
Fire if the candidate is not a member of the Assembly.

(2) 25The exercise of that power of veto in relation to an appointment is
not valid unless the Assembly—

(a) has held a confirmation meeting in relation to the
appointment before the exercise of the power; and

(b) notifies the Mayor of the veto within the period of 3 weeks
30described in paragraph 4(3).

(3) If the Assembly vetoes the appointment of the candidate, the
Mayor must not appoint the candidate.

(4) References in this Schedule to the Assembly vetoing the
appointment of a candidate are references to the Assembly
35making a decision, by the required majority, that the candidate
should not be appointed—

(a) as the London Fire Commissioner, or

(b) as the Deputy Mayor for Fire.

(5) For that purpose, the Assembly makes that decision by the
40required majority if at least two-thirds of the votes given in
making that decision are votes in favour of making that decision.”

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15 After Schedule 27 insert—

Section 327A

“Schedule 27A The London Fire Commissioner

Appointment and tenure of office

1 (1) The terms and conditions on which the London Fire
5Commissioner 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.