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The Fire and Rescue Authority (Membership) Order 2017

Consolidated Text As Enacted Cited authorities 18 Cited in Amendments 5 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2017/1165
Year2017
(1) This Order may be cited as the Fire and Rescue Authority (Membership) Order 2017.(2) This article and article 3 come into force on 22nd December 2017.(3) Article 2 comes into force on 25th June 2018.(4) Article 4 comes into force on 6th June 2018.(1) The Local Government Act 1985 is amended as follows.in the entry for Birmingham for “10” substitute “4”;in the entry for Coventry for “3” substitute “2”;in the entry for Dudley for “3” substitute “2”;in the entry for Sandwell for “3” substitute “2”;in the entry for Solihull for “2” substitute “1”;in the entry for Walsall for “3” substitute “2”;in the entry for Wolverhampton for “3” substitute “2”.
  • The Hampshire Fire Services Combination Scheme set out in the Schedule to the Hampshire Fire Services (Combination Scheme) Order 1996
  • The Dorset and Wiltshire Fire and Rescue Authority Combination Scheme set out in the Schedule to the Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015
    • (1) In this Schedule “the Scheme” means the Hampshire Fire Services Combination Scheme set out in the Schedule to the Hampshire Fire Services (Combination Scheme) Order 1996.after the definition of “constituent authority” omit “and”, andafter the definition of “the fire brigade” insert—
      ;and“relevant police and crime commissioner means” a police and crime commissioner—
    • (a) whose area is the same as, or contains all of, the area of the Authority, or
    • (b) all or part of whose area falls within the area of the Authority.
    .    whose area is the same as, or contains all of, the area of the Authority, orall or part of whose area falls within the area of the Authority.(3) For paragraph 11 substitute—
      (11)
    • (1) The number of members of the Authority shall be determined by the Authority but shall not exceed 25.
    • (2) Each member of the Authority shall be appointed in accordance with this Part.
    .    The number of members of the Authority shall be determined by the Authority but shall not exceed 25.Each member of the Authority shall be appointed in accordance with this Part.(4) For paragraph 12 substitute—
      (12)
    • (1) Each constituent authority shall appoint such number of representatives as determined by the Authority to be members of the Authority.
    • (2) In determining the number of representatives to be appointed by each constituent authority the Authority shall, so far as is practicable, ensure that the number of representatives of each constituent authority is proportionate to the number of local government electors in their area in relation to the number of such electors in the areas of each of the other constituent authorities.
    .    Each constituent authority shall appoint such number of representatives as determined by the Authority to be members of the Authority.In determining the number of representatives to be appointed by each constituent authority the Authority shall, so far as is practicable, ensure that the number of representatives of each constituent authority is proportionate to the number of local government electors in their area in relation to the number of such electors in the areas of each of the other constituent authorities.(5) After paragraph 12 insert—
      (12A) Subject to paragraphs 12B and 12C, the Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
      (12B) A relevant police and crime commissioner may only be appointed as a member of the Authority in response to a request by the commissioner.
      (12C) If a relevant police and crime commissioner makes such a request the Authority must—
    • (a) consider the request,
    • (b) give reasons for its decision to agree to or refuse the request, and
    • (c) publish those reasons in such a manner as it thinks appropriate.
      • (12D) Paragraph 12E applies where the Authority appoints a relevant police and crime commissioner to be a member of the Authority and the police and crime commissioner makes arrangements under section 18 of the Police Reform and Social Responsibility Act 2011 to delegate their attendance at a meeting of the Authority.
    Subject to paragraphs 12B and 12C, the Authority may appoint a relevant police and crime commissioner to be a member of the Authority.A relevant police and crime commissioner may only be appointed as a member of the Authority in response to a request by the commissioner.consider the request,give reasons for its decision to agree to or refuse the request, andpublish those reasons in such a manner as it thinks appropriate.Paragraph 12E applies where the Authority appoints a relevant police and crime commissioner to be a member of the Authority and the police and crime commissioner makes arrangements under section 18 of the Police Reform and Social Responsibility Act 2011may speak at the meeting but not vote, andis not to be treated as a member of the Authority for any purpose.(6) In paragraph 13 after “the Authority” insert “appointed by a constituent authority”.

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