The Greater Manchester Combined Authority (Fire and Rescue Functions) (Amendment) Order 2020

Publication Date:January 01, 2020
 
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2020No. 641

LOCAL GOVERNMENT, ENGLAND

FIRE AND RESCUE SERVICES, ENGLAND

POLICE, ENGLAND

The Greater Manchester Combined Authority (Fire and Rescue Functions) (Amendment) Order 2020

Made25thJune2020

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 107D(3)(c)(i), (5), and (7)(a) and (c), 114(1) and (3), and 117(5) of, and paragraph 5 of Schedule 5C to, the Local Democracy, Economic Development and Construction Act 2009( 1) (“the LDEDC Act 2009”).

In accordance with section 107D(9) of the LDEDC Act 2009 the Greater Manchester Combined Authority( 2), the mayor of that Combined Authority, and the district councils whose areas are comprised in the area of that Combined Authority, have consented to the making of this Order.

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) of the LDEDC Act 2009.

Citation and commencement

1. This Order may be cited as the Greater Manchester Combined Authority (Fire and Rescue Functions) (Amendment) Order 2020 and comes into force on the day after the day on which it is made.

Amendment of the Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017

2. The Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017( 3) is amended as set out in articles 3 to 10.

Amendment of article 2

3. In article 2 (interpretation)—

(a) after the definition of “the LDEDC Act 2009” insert—

““the PRSR Act 2011” means the Police Reform and Social Responsibility Act 2011( 4);”;

(b) after the definition of “the Area” insert—

““the chief fire officer” means the person with responsibility for managing the fire and rescue service;”;

(c) after the definition of “constituent councils” insert—

““the deputy mayor for policing and crime” means the deputy mayor for policing and crime for the Area( 5);

“financial year” means a period of 12 months beginning with 1st April;”;

(d) at the end insert—

“;

“the Police, Fire and Crime Panel” means the police and crime panel for the Area( 6);

“proposed allocation of budget” has the meaning given in article 5C(1)”.

Amendment of article 5

4. In article 5 (arrangements for exercise of fire and rescue functions), after paragraph (1) insert—

“(1A) The Mayor may arrange under section 107D(3) of the LDEDC Act 2009 for the deputy mayor for policing and crime to exercise fire and rescue functions other than any of the functions to which article 6 applies.

(1B) Where the Mayor makes arrangements described in paragraph (1A), the deputy mayor for policing and crime may, for the purposes of the exercise of fire and rescue functions, do anything that the GMCA may do under section 113A of the LDEDC Act 2009.

(1C) The Mayor may not make arrangements described in paragraph (1A), and arrangements described in paragraph (2), to have effect concurrently.”.

Insertion of articles 5A to 5D

5. After article 5 insert—

“Police, Fire and Crime Panel: oversight functions in relation to fire and rescue functions

5A.—(1) The Police, Fire and Crime Panel has oversight functions( 7) in relation to—

(a) any fire and rescue functions of the Mayor that are exercisable by the deputy mayor for policing and crime as a result of arrangements described in article 5(1A); and

(b) fire and rescue functions exercisable by the Mayor,

as set out in articles 5B to 5D, and by virtue of Schedule 1.

(2) The modifications of enactments set out in Schedule 1 have effect for the purposes of the application of those enactments to the GMCA as fire and rescue authority.

Police, Fire and Crime Panel: scrutiny of the local risk plan

5B.—(1) Before issuing a local risk plan or varying the GMCA's priorities and objectives set out in a local risk plan, the Mayor must—

(a) consult the chief fire officer in preparing the draft plan, or the draft variation;

(b) send the draft priorities and objectives, or the draft variation of the priorities and objectives, to the Police, Fire and Crime Panel;

(c) have regard to any report or recommendations made by the Police, Fire and Crime Panel in relation to the draft priorities and objectives, or the draft variation of the priorities and objectives, in accordance with section 28(3) of the PRSR Act 2011( 8); and

(d) as soon as reasonably practicable, give the Police, Fire and Crime Panel a response to any such report or recommendations, and publish the response in such manner as the Mayor considers appropriate.

(2) In complying with paragraph (1)(b), the Mayor must ensure that the Police, Fire and Crime Panel has a reasonable amount of time to consider the draft priorities and objectives, or the draft variation of the priorities and objectives, and to produce its report or recommendations.

(3) The Mayor must consult the chief fire officer before issuing or varying a local risk plan if, and to the extent that, the priorities and objectives in the plan or variation are different from the draft prepared in accordance with paragraph (1).

(4) The Mayor must keep the priorities and objectives in the local risk plan under review and, in particular, review them in the light of any report or recommendations made to the Mayor by the Police, Fire and Crime Panel under section 28(4) of the PRSR Act 2011.

(5) If the Mayor issues or varies a local risk plan, the Mayor must—

(a) send a copy of the issued local risk plan, or the variation, to the chief fire officer; and

(b) publish a copy of the issued plan, or the variation, in such manner as the Mayor considers appropriate.

(6) The duty under paragraph (5) to send or publish a copy of the variation may instead be satisfied by sending or publishing a copy of the plan as varied.

(7) In this article “priorities and objectives” means the GMCA's priorities and objectives in connection with the discharge of the GMCA's functions as a fire and rescue authority, as required to be set out in the local risk plan.

Mayor to notify Police, Fire and Crime Panel of proposed allocation of budget for fire and rescue functions

5C.—(1) The Mayor must, in each financial year, notify the Police, Fire and Crime Panel of the Mayor's proposed allocation of the draft budget for fire and rescue functions in relation to the following financial year (“proposed allocation of budget”).

(2) The notification described in paragraph (1) must be given before the date on which the GMCA determines whether to approve the Mayor's annual budget in relation to the following financial year, and the Police, Fire and Crime Panel must have a reasonable amount of time to review the proposed allocation of budget before the GMCA makes its determination.

Police, Fire and Crime Panel to review proposed allocation of budget for fire and rescue functions

5D.—(1) The Police, Fire and Crime Panel must review any proposed allocation of budget notified to it under article 5C.

(2) The Police, Fire and Crime Panel must make a report to the Mayor in relation to the proposed allocation of budget.

(3) Where the Police, Fire and Crime Panel makes a report described in paragraph (2), the Mayor must—

(a) have regard to the report and to any recommendations made in it;

(b) provide the Police, Fire and Crime Panel with a response to the report and any recommendations made in it; and

(c) publish the response in such manner as is required by the Police, Fire and Crime Panel.”.

Amendment of article 6

6. In article 6 (fire and rescue functions excluded from the power to make arrangements)—

(a) for paragraph (3)(a) substitute—

“(a) appointing, suspending, or dismissing, the chief fire officer;”,

(b) in paragraph (3)(b) and (c), for “that person” in both places it appears substitute “the chief fire officer”.

Amendment of the heading to article 14

7. For the heading to article 14 substitute “Schedule 2”.

Amendment of article 14

8. In article 14 for “The Schedule” substitute “Schedule 2”.

Insertion of Schedule 1

9. Before Schedule 2 (as renumbered), insert—

“SCHEDULE 1

Article 5A

Modification of enactments in their application to the GMCA as fire and rescue authority: oversight functions of the Police, Fire and Crime Panel

PART 1

Primary legislation

Local Government Finance Act 1988

1.—(1) The Local Government Finance Act 1988( 9) is modified as follows.

(2) Section 114( 10) (functions of responsible officer as regards reports) applies, in any case where the report prepared under subsection (2) or (3) of that section relates to the fire and rescue functions of the GMCA, as if subsection (4) included a requirement to provide a copy of the report to each member of the Police, Fire and Crime Panel.

(3) Section 115( 11) (authority's duties as regards reports) applies, in any case where a report prepared by the Mayor of the GMCA under subsection (1E) of that section relates to the fire and rescue functions of the GMCA, as if it included a requirement to provide a copy of the report to each member of the Police, Fire and Crime Panel.

Local Government and Housing Act 1989

2.—(1) The Local Government and Housing Act 1989 is modified as follows.

(2) Section 4( 12) (designation and reports of head of paid service) applies, in any case where the report prepared under subsection (2) of that section relates to the fire and rescue functions of the GMCA, as if subsection (4) included a requirement to provide a copy of the report to the Police, Fire and Crime Panel.

(3) Section 5( 13) (designation and reports of monitoring officer) applies, in any case where the report prepared under that section relates to the fire and rescue functions of the GMCA, as if subsection (3)(b) included a requirement to provide a copy of the report to the Police, Fire and Crime Panel.

Fire and Rescue Services Act 2004

3. Section 28 (inspectors) of the FRS Act 2004( 14) applies as if for subsections...

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