Policing and Crime Bill (HC Bill 3)

(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:

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 and Housing 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

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.

(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

(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

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

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”.

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)

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.

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.