Policing and Crime Bill (HC Bill 158)

(3) Sub-paragraph (2) is subject to section 327C (suspension and
10removal 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
15appointment.

(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) 20There 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,

25in 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
30conditions 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
35appoint 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) 40during 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
without the consent of the Mayor.

Damages and costs in legal proceedings

4 (1) 5The 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
10the 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
15claim 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) 20any 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) 25any sum required in connection with the settlement of a
claim that has or might have given rise to such
proceedings.”

16 Omit Schedule 28 (the London Fire and Emergency Planning Authority).

17 Omit Schedule 29 (amendments relating to the London Fire and Emergency
30Planning Authority).

Part 2 Amendments to other Acts

Essex County Council Act 1952 (c. l)

18 In section 80 of the Essex County Council Act 1952 (precautions against fire)
35for “the London Fire and Emergency Planning Authority” substitute “the
London Fire Commissioner”.

Landlord and Tenant Act 1954 (c. 56)1954 (c. 56)

19 In section 69(1) of the Landlord and Tenant Act 1954 (interpretation) in the
definition of “local authority” for “, the London Fire and Emergency
40Planning Authority” substitute “, the London Fire Commissioner”.

Local Government Records Act 1962 (c. 56)1962 (c. 56)

20 The Local Government Records Act 1962 is amended as follows.

21 In section 2 (acquisition and deposit of records) in subsection (6) (bodies to
which section 2 applies) for “to the London Fire and Emergency Planning
Authority,” substitute “to the London Fire Commissioner,”.

22 In section 8(1) (interpretation) in the definition of “local authority” for “the
5London Fire and Emergency Planning Authority,” substitute “the London
Fire Commissioner,”.

London Government Act 1963 (c. 33)1963 (c. 33)

23 The London Government Act 1963 is amended as follows.

24 In section 5(3) (delegation of functions in Greater London) for “the London
10Fire and Emergency Planning Authority” substitute “the London Fire
Commissioner”.

25 In section 75 (compensation for injury to or death of officers) in subsection
(5) (application to London Fire and Emergency Planning Authority) for “the
London Fire and Emergency Planning Authority” substitute “the London
15Fire Commissioner”.

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

26 In section 11 of the Local Government Act 1966 (grants for certain
expenditure due to ethnic minority population) in subsection (2) (bodies to
which the section applies) for “the London Fire and Emergency Planning
20Authority” substitute “the London Fire Commissioner”.

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

27 The Leasehold Reform Act 1967 is amended as follows.

28 In section 28 (retention or resumption of land required for public purposes)
in subsection (5)(a) (application to local authorities) for “the London Fire and
25Emergency Planning Authority,” substitute “the London Fire
Commissioner,”.

29 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) for paragraph (bb) substitute—

“(bb) 30the London Fire Commissioner;”.

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

30 In section 1 of the Local Government Grants (Social Need) Act 1969 (grants
for special social needs) in subsection (3) (meaning of “local authority”) for
“the London Fire and Emergency Planning Authority” substitute “the
35London Fire Commissioner”.

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

31 In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act
1969 (employers exempted from insurance: employers to which the
exemption applies) for “the London Fire and Emergency Planning
40Authority,” substitute “the London Fire Commissioner,”.

Greater London Council (General Powers) Act 1969 (c. lii)

32 In section 30(ii) of the Greater London Council (General Powers) Act 1969
(savings for London Fire and Emergency Planning Authority) for “the
London Fire and Emergency Planning Authority” substitute “the London
5Fire Commissioner”.

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

33 In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply
of goods and services by local authorities) in subsection (4) (interpretation)
in the definition of “local authority” for “the London Fire and Emergency
10Planning Authority” substitute “the London Fire Commissioner”.

Pensions (Increase) Act 1971 (c. 56)1971 (c. 56)

34 In Schedule 3 to the Pensions (Increase) Act 1971 (further administrative,
incidental and consequential provisions) in paragraph 6(1)(a) (meaning of
“local authority”) for sub-paragraph (ib) substitute—

“(ib) 15the London Fire Commissioner;”.

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

35 The Local Government Act 1972 is amended as follows.

36 In section 70 (restriction on promotion of Bills for changing local
government areas etc) for subsection (2) substitute—

“(2) 20Subsection (1) above shall have effect as if the reference to a joint
authority included a reference to the London Fire Commissioner.”

37 (1) Section 100J (application of provisions about access to meetings and
documents) is amended as follows.

(2) In subsection (1) (bodies to which provisions about access to meetings and
25documents apply) omit paragraph (bb).

(3) In subsection (2) omit “, (bb)”.

(4) In subsection (3) omit “(bb),”.

(5) Omit subsection (4A).

38 (1) Section 101 (arrangements for discharge of functions by local authorities) is
30amended as follows.

(2) In subsection (13) omit “the London Fire and Emergency Planning
Authority”.

(3) After subsection (13) insert—

“(13A) In this section “local authority” includes the London Fire
35Commissioner; but nothing in this section authorises functions of the
Commissioner to be discharged by a committee or sub-committee of
the Commissioner.”

39 In section 104 (disqualification for membership of committee and joint
committees) omit subsection (5) (application to the London Fire and
40Emergency Planning Authority).

40 In section 138 (powers of principal councils with respect to emergencies or
disasters) in subsection (5) (power of London Fire and Emergency Planning
Authority to incur expenditure in connection with planning by principal
councils) for “the London Fire and Emergency Planning Authority”
5substitute “the London Fire Commissioner”.

41 In section 138C(1) (other authorities to which provisions about prayer and
other religious observance apply) for paragraph (d) substitute—

“(d) the London Fire Commissioner but only for the purposes of
section 138B;”.

42 10In section 142 (provision of information etc relating to matters affecting local
government) for subsection (4) substitute—

“(4) This section shall have effect as if any reference to a local authority
included a reference to the London Fire Commissioner.”

43 (1) Section 146A (application of miscellaneous provisions about local
15authorities to other authorities) is amended as follows.

(2) In subsection (1)—

(a) for “or (1ZE)” substitute “, (1ZE) or (1ZF)”, and

(b) for “the London Fire and Emergency Planning Authority” substitute
“the London Fire Commissioner”.

(3) 20In subsection (1ZC) for “the London Fire and Emergency Planning
Authority” substitute “the London Fire Commissioner”.

(4) After subsection (1ZE) insert—

“(1ZF) The London Fire Commissioner is not to be treated as a local
authority for the purposes of section 135.”

44 25In section 175 (allowances for attending conferences and meetings) in
subsection (3B) (application to the London Fire and Emergency Planning
Authority etc) for “the London Fire and Emergency Planning Authority, an
economic prosperity board, a combined authority or” substitute “an
economic prosperity board, a combined authority or”.

45 30In section 176 (payment of expenses of official and courtesy visits) in
subsection (3) (application to the London Fire and Emergency Planning
Authority etc)—

(a) after “board,” insert “and”, and

(b) omit “and the London Fire and Emergency Planning Authority”.

46 35In section 222 (power of local authority to prosecute or defend legal
proceedings) in subsection (2) (application to the London Fire and
Emergency Planning Authority etc) for “and the London Fire and
Emergency Planning Authority” substitute “and the London Fire
Commissioner”.

47 40For section 244A substitute—

244A   Application of this Part to the London Fire Commissioner

This Part shall have effect as if any reference to a joint authority
included a reference to the London Fire Commissioner.”