Policing and Crime Bill (HC Bill 3)

(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

  Policing and Crime BillPage 181

  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—

(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).

(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—

(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”.

(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.””

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.

(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).