Policing and Crime Bill (HC Bill 3)

(5) Accordingly—

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

(b) 5any 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) 10is 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
15authority are, despite that disqualification, as valid and effectual as
if the person had not been disqualified.

4G Section 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,
20provision 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) 25A 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
30enactment 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
35modifications 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
40rescue 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) 45Provision 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) 5references to the Local Government Finance Act 1992 include
any provision made under that Act.

4H Delegation 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
10created, 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
15falls;

(b) the further delegation by such a chief constable of functions
delegated to that chief constable under provision made
under paragraph (a).

(2) Provision made under subsection (1) may—

(a) 20enable 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
25specified 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
302011;

(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) 35An 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) 40it 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) In this section “relevant police and crime commissioner” has the
same meaning as in Schedule A1; and that Schedule makes provision
45about 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).

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

4I Further provision about chief constable covered by section 4H order

(1) If an order is made under section 4H, the Secretary of State may make
5one or more schemes for the transfer of property, rights and
liabilities from a fire and rescue authority to the chief constable to
whom the order applies.

(2) The fire and rescue authority mentioned in subsection (1) may be one
created by an order under section 4A or another kind of fire and
10rescue 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 functions delegated to
15the chief constable under the order.

(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
20been 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,
25means 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
30appointment 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
35the 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 functions delegated to the chief constable under the
order.

(9) Subsection (7) does not prevent a person who is employed as a
40finance 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—

  (a)

  45is not a chief finance officer of the kind mentioned in
  subsection (8), and

  Policing and Crime BillPage 153

  (b)

  is employed to carry out duties relating to the proper
  administration of financial affairs relating to the
  exercise of functions delegated to the chief constable
  under an order under section 4H;

• 5“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—

  (a)

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

  (b)

  10is 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
15whom 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
20the 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) 25Where 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
30applies 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
35that has or might have given rise to such proceedings.

(13) In this section “fire and rescue staff”, in relation to a chief constable
to whom an order under section 4H applies, means—

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

(b) 40staff appointed by the chief constable under subsection (4).

4J Exercise 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) 45under 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) 5functions 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
10delegated 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) 15secure 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 under the order are
exercised efficiently and effectively, and

(d) 20secure 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
25account for the exercise of such functions.

4K Complaints 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
30Act 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
354I(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) 40provision 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) 45Before 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
5the views of fire and rescue authorities, and

(e) such other persons as the Secretary of State considers
appropriate.

4L Application of local policing provisions

(1) Schedule A2 makes provision about the application, in relation to a
10fire 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
15authority 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
20apply (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
25provision made by virtue of subsection (2).

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

6 Before section 5A insert—

“Powers of certain fire and rescue authorities”.

7 30In section 5A (powers of certain fire and rescue authorities) in subsection (3)
(authorities to which powers apply)—

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

(b) at the end of paragraph (d) insert “, or

(e) created by an order under section 4A.””

8 35After section 5L insert—

““Interpretation of Part 1

5M Interpretation 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
  40London police force;

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

Policing and Crime BillPage 156

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

9 After section 25 (but before the italic heading before section 26) insert—

““Police and crime plan

25A Police and crime plan

5A 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
10authority, or

(b) within which the area of that fire and rescue authority falls.””

10 In section 34 (pensions etc) after subsection (10) insert—

“(11) References in subsection (1) to persons who are or have been
employed by a fire and rescue authority include persons who are or
15have 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) 20References 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).””

11 For section 37 (prohibition on employment of police) substitute—

“37 Prohibition on employment of police in fire-fighting

(1) 25No 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
30section 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
35a police force for a police area to whom functions of a fire and rescue
authority have been delegated under an order under section 4H.””

12 Before Schedule 1 insert—

Sections 4A(6) and 4H(6)

““Schedule A1 Procedure for orders under section 4A

Proposal for order under section 4A

1 (1) A proposal for an order under section 4A (a “section 4A proposal”)
5must 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) 10If 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) 15A 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
20held 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) 25any 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
30rescue authorities created by order under section 4A.

Consultation on proposal

3 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,
35and

(b) make arrangements to seek the views of people in the
commissioner’s police area about the proposal.

Provision of representations to Secretary of State

4 (1) Sub-paragraphs (2) and (3) apply if, in response to a consultation
40by a relevant police and crime commissioner under paragraph

3(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) 5copies 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
10commissioner’s police area about the proposal, and

(d) 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) 15have 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.

Decision by Secretary of State

5 (1) 20Subject 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
25may 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) 30the 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) 35In 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
40the 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
45commissioner 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) 5In 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) 10all 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
15fire 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) 20a 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
25Local 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) 30This 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
35applies 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) 40paragraph 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
45authority to which the order relates, or

(ii) within which the area of that fire and rescue
authority falls;