The Combined Fire and Rescue Authorities (Membership and Allowances) (Amendment) Regulations 2020

JurisdictionUK Non-devolved
CitationSI 2020/168
Year2020

2020 No. 168

Fire And Rescue Services, England

The Combined Fire and Rescue Authorities (Membership and Allowances) (Amendment) Regulations 2020

Made 21th February 2020

Laid before Parliament 26th February 2020

Coming into force 18th March 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 18 and 190(1) of the Local Government and Housing Act 19891, sections 100 and 105(2)(b) of the Local Government Act 20002(“the 2000 Act”) and sections 2(6), 3, 4(4) and 60(2) of the Fire and Rescue Services Act 20043(“the 2004 Act”).

In accordance with sections 2(6) and 4(5) of the 2004 Act, the Secretary of State has consulted the authorities which appeared to the Secretary of State likely to be affected by Part 2 of these Regulations and such other persons as the Secretary of State considered appropriate.

In accordance with sections 2(8)(b) and 4(6) of the 2004 Act, the Secretary of State has caused an inquiry to be held in relation to the variation of the scheme set out in the Schedule to the Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 20154and the variation of the Cleveland Fire Services Combination Scheme5.

The other authorities which are affected by a variation made by Part 2 of these Regulations have agreed to the relevant variation.

In accordance with section 100(5) of the 2000 Act, the Secretary of State has consulted such representatives of local government and such other persons as the Secretary of State considered appropriate about Part 3 of these Regulations.

1 Introductory

PART 1

Introductory

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Combined Fire and Rescue Authorities (Membership and Allowances) (Amendment) Regulations 2020 and come into force on 18th March 2020.

S-2 Interpretation

Interpretation

2. In these Regulations, “the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme” means the scheme set out in the Schedule to the Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015.

2 Appointment of police and crime commissioner to combined fire and rescue authority

PART 2

Appointment of police and crime commissioner to combined fire and rescue authority

S-3 Variation of the Avon Fire Services Combination Scheme

Variation of the Avon Fire Services Combination Scheme

3. The Avon Fire Services Combination Scheme6is varied in accordance with Schedule 1.

S-4 Variation of the Cleveland Fire Services Combination Scheme

Variation of the Cleveland Fire Services Combination Scheme

4. The Cleveland Fire Services Combination Scheme is varied in accordance with Schedule 2.

S-5 Variation of the Humberside Fire Services Combination Scheme

Variation of the Humberside Fire Services Combination Scheme

5. The Humberside Fire Services Combination Scheme7is varied in accordance with Schedule 3.

S-6 Variation of the Leicestershire Fire Services Combination Scheme

Variation of the Leicestershire Fire Services Combination Scheme

6. The Leicestershire Fire Services Combination Scheme8is varied in accordance with Schedule 4.

S-7 Variation of the Bedfordshire Fire Services Combination Scheme

Variation of the Bedfordshire Fire Services Combination Scheme

7. The Bedfordshire Fire Services Combination Scheme9is varied in accordance with Schedule 5.

S-8 Variation of the Derbyshire Fire Services Combination Scheme

Variation of the Derbyshire Fire Services Combination Scheme

8. The Derbyshire Fire Services Combination Scheme10is varied in accordance with Schedule 6.

S-9 Variation of the Durham Fire Services Combination Scheme

Variation of the Durham Fire Services Combination Scheme

9. The Durham Fire Services Combination Scheme11is varied in accordance with Schedule 7.

S-10 Variation of the East Sussex Fire Services Combination Scheme

Variation of the East Sussex Fire Services Combination Scheme

10. The East Sussex Fire Services Combination Scheme12is varied in accordance with Schedule 8.

S-11 Variation of the Buckinghamshire Fire Services Combination Scheme

Variation of the Buckinghamshire Fire Services Combination Scheme

11. The Buckinghamshire Fire Services Combination Scheme13is varied in accordance with Schedule 9.

S-12 Variation of the Berkshire Fire Services Combination Scheme

Variation of the Berkshire Fire Services Combination Scheme

12. The Berkshire Fire Services Combination Scheme14is varied in accordance with Schedule 10.

S-13 Variation of the Cambridgeshire Fire Services Combination Scheme

Variation of the Cambridgeshire Fire Services Combination Scheme

13. The Cambridgeshire Fire Services Combination Scheme15is varied in accordance with Schedule 11.

S-14 Variation of the Cheshire Fire Services Combination Scheme

Variation of the Cheshire Fire Services Combination Scheme

14. The Cheshire Fire Services Combination Scheme16is varied in accordance with Schedule 12.

S-15 Variation of the Hereford and Worcester Fire Services Combination Scheme

Variation of the Hereford and Worcester Fire Services Combination Scheme

15. The Hereford and Worcester Fire Services Combination Scheme17is varied in accordance with Schedule 13.

S-16 Variation of the Kent Fire Services Combination Scheme

Variation of the Kent Fire Services Combination Scheme

16. The Kent Fire Services Combination Scheme18is varied in accordance with Schedule 14.

S-17 Variation of the Shropshire Fire Services Combination Scheme

Variation of the Shropshire Fire Services Combination Scheme

17. The Shropshire Fire Services Combination Scheme19is varied in accordance with Schedule 15.

S-18 Variation of the Lancashire Fire Services Combination Scheme

Variation of the Lancashire Fire Services Combination Scheme

18. The Lancashire Fire Services Combination Scheme20is varied in accordance with Schedule 16.

S-19 Variation of the Nottinghamshire Fire Services Combination Scheme

Variation of the Nottinghamshire Fire Services Combination Scheme

19. The Nottinghamshire Fire Services Combination Scheme21is varied in accordance with Schedule 17.

S-20 Variation of the Devon and Somerset Fire and Rescue Authority Combination Scheme

Variation of the Devon and Somerset Fire and Rescue Authority Combination Scheme

20. The Devon and Somerset Fire and Rescue Authority Combination Scheme22is varied in accordance with Schedule 18.

S-21 Variation of the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme

Variation of the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme

21. The Dorset and Wiltshire Fire and Rescue Authority Combination Scheme is varied in accordance with Schedule 19.

3 Allowances payable to members of a combined fire and rescue authority

PART 3

Allowances payable to members of a combined fire and rescue authority

S-22 Amendment of the Local Authorities (Members’ Allowance) (England) Regulations 2003

Amendment of the Local Authorities (Members’ Allowance) (England) Regulations 2003

22. In regulation 4 of the Local Authorities (Members’ Allowances) (England) Regulations 200323, after paragraph (1), insert—

S-1A

1A. But a fire and rescue authority may not make any provision in such a scheme for the payment of any allowance to a PCC member of the authority.

S-1B

1B. For the purposes of paragraph (1A)—

“fire and rescue authority” means an authority of a description in regulation 3(1)(e);

“PCC member”, in relation to a fire and rescue authority, means a police and crime commissioner who is appointed, in that capacity, as a member of that authority.”

Kit Malthouse

Minister of State

Home Office

21st February 2020

SCHEDULE 1

Article 3

Variation of the Avon Fire Services Combination Scheme

SCH-1.1

1 In paragraph 2 of the Avon Fire Services Combination Scheme—

SCH-1.a

a omit “and” at the end of the definition of “constituent authority”, and

SCH-1.b

b at the end of the definition of “the fire brigade”, insert “; and” and as follows—

““relevant police and crime commissioner” means a police and crime commissioner—

(a) whose area is the same as, or contains all of, the combined area, or

(b) all or part of whose area falls within the combined area”.

SCH-1.2

2 For paragraph 11 of that Scheme substitute—

SCH-1.11

11. (1) Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.

(2) If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.

(3) The members of the Authority are to be appointed in accordance with this Part.”.

SCH-1.3

3 In paragraph 12 of that Scheme—

SCH-1.a

a the existing paragraph becomes sub-paragraph (1), and

SCH-1.b

b after that sub-paragraph, insert—

SCH-1.2

2. Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.”.

SCH-1.4

4 After that paragraph, insert—

SCH-1.12A

12A. (1) The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.

(2) But the Authority may only make such an appointment in response to a request from the commissioner.

(3) If the Authority receives a request from a relevant police and crime commissioner, it must—

(a)

(a) consider the request,

(b)

(b) give reasons for its decision to agree to or refuse the request, and

(c)

(c) publish those reasons in such manner as it thinks appropriate.

SCH-1.12B

12B. (1) Sub-paragraph (2) applies where a relevant police and crime commissioner—

(a)

(a) is appointed as a member of the Authority, and

(b)

(b) arranges, under section 18 of the Police Reform and Social Responsibility Act 201124, for another person to attend a meeting of the Authority on the commissioner’s behalf.

(2) Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—

(a)

(a) may not vote, and

(b)

(b) is not to be treated as a member of the Authority for any purpose.”.

SCH-1.5

5 In paragraph 13 of that Scheme, after “the Authority”, insert “appointed...

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