The Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017
| Jurisdiction | UK Non-devolved |
| Citation | SI 2017/469 |
| Year | 2017 |
2017 No. 469
Local Government, England
Fire And Rescue Services, England
The Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017
Made 24th March 2017
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by sections 105A(1)(a), (3)(a) and (4)(b), 107D(1), (3)(c)(ii), (4), (5)(b), (7)(b) and (c), 114, 115 and 117(5) of the Local Democracy, Economic Development and Construction Act 20091(the “LDEDC Act 2009”).
A proposal for making this Order has been made to the Secretary of State by the Greater Manchester Combined Authority and the district councils whose areas are comprised in the area of that Combined Authority in accordance with section 105B(1)(a) of the LDEDC Act 2009 by inclusion in a scheme prepared and published under section 112 of that Act2.
In accordance with section 107D(9) of the LDEDC Act 2009 the Greater Manchester 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.
In accordance with section 105B(9) of the LDEDC Act 2009, the Secretary of State has laid before Parliament a report explaining the effect of this Order and explaining why the Secretary of State considers it appropriate to make 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.—(1) This Order may be cited as the Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017.
(2) This article, article 2 and article 11 come into force on the day after the day on which the Order is made.
(3) Otherwise this Order comes into force on 8th May 2017.
Interpretation
2. In this Order—
“the FRS Act 2004” means the Fire and Rescue Services Act 20043;
“the LDEDC Act 2009” means the Local Democracy, Economic Development and Construction Act 2009;
“the Area” means the area of the GMCA;
“constituent councils” means the district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan;
“fire and rescue authority” means a fire and rescue authority under the FRS Act 2004;
“fire and rescue declaration” means a document which—
(a) is prepared and published by the GMCA in accordance with the Fire and Rescue National Framework; and
(b) contains a statement of the way in which the GMCA has had regard, in the period covered by the document, to the Framework and to any local risk plan prepared by the GMCA for that period;
“fire and rescue functions” means functions conferred on GMCA as a fire and rescue authority by, or by virtue of, any enactment;
“Fire and Rescue National Framework” means the document prepared by the Secretary of State under section 21 of the FRS Act 2004;
“the fire and rescue service” means the personnel, services and equipment secured by the GMCA for the purposes of carrying out the GMCA’s functions under—
(a) section 6 of the FRS 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 applies to the GMCA;
(e) section 2 of the Civil Contingencies Act 20044and any regulations under that Act applying to a fire and rescue authority;
(f) any other provision of or made under an enactment which confers functions on a fire and rescue authority;
“the GMCA” means the Greater Manchester Combined Authority, a body corporate established by the Greater Manchester Combined Authority Order 20115;
“the GMFRA” means the Greater Manchester Fire and Rescue Authority6;
“local risk plan” means a document which—
(a) is prepared and published by the GMCA in accordance with the Fire and Rescue National Framework; and
(b) sets out for the period covered by the document in accordance with the requirements of the Fire and Rescue National Framework—
(i) the GMCA’s priorities and objectives; and
(ii) an assessment of all foreseeable fire and rescue related risks that could affect its community;
in connection with the discharge of the GMCA’s functions as a fire and rescue authority;
“the Mayor” means the mayor for the Area7.
Transfer of functions of the GMFRA to the GMCA
3.—(1) The functions of the GMFRA that are exercisable in relation to the Area of the GMCA are to be functions of the GMCA.
(2) The GMCA is the fire and rescue authority for the Area for the purposes of the FRS Act 2004, subject to paragraph 6 of the Schedule.
(3) The GMFRA is abolished.
(4) Part 2 of Schedule 10 (number of members of joint authorities: Greater Manchester) to the Local Government Act 19858is repealed.
General functions of the GMCA exercisable only by the Mayor
4.—(1) The fire and rescue functions of the GMCA are exercisable only by the Mayor.
(2) For the purposes of the exercise of the fire and rescue functions, the Mayor may do anything that the GMCA may do under section 113A of the LDEDC Act 2009 (general power of EPB or combined authority)9.
(3) Members and officers of the GMCA may assist the Mayor in the exercise of the fire and rescue functions.
Arrangements for exercise of fire and rescue functions
5.—(1) The Mayor may not make arrangements under section 107D(3) of the LDEDC Act (functions of mayors: general) that authorise the exercise of any of the fire and rescue functions to which article 6 applies.
(2) The Mayor may arrange under section 107D(3) of the LDEDC Act 2009 for a committee10of the GMCA to exercise fire and rescue functions other than any of the functions to which article 6 applies (“fire committee”).
(3) One member of the fire committee is to be appointed by the Mayor on the nomination of each constituent council from one of that council’s elected members.
(4) The Mayor may appoint 5 or fewer further members of the fire committee from the elected members of one or more of the constituent councils.
(5) Where the Mayor decides not to appoint a person who has been nominated by a constituent council, that council may nominate a further person from that council’s elected members.
(6) The Mayor and the constituent councils must, when appointing or nominating members to the fire committee, ensure that the members of the fire committee taken as a whole reflect so far as reasonably practicable the balance of the political parties for the time being prevailing among the constituent councils when taken together.
(7) The Mayor must appoint one of the members of the fire committee to serve as chair of the committee.
(8) A member of the fire committee ceases to be a member of that committee, if that person ceases to be a member of the constituent council of which that person had been a member at the time of appointment to the committee.
(9) A member of the fire committee may resign as a member of the fire committee by written notice served on the proper officer of the constituent council which that person had been a member of at the time of appointment to the committee and the resignation is to take effect on receipt of the notice by the proper officer.
(10) The Mayor may at any time terminate the appointment of a member of the fire committee where that member has not attended meetings of the fire committee throughout a period of six consecutive months from the date of that member’s last attendance.
(11) Where a person ceases to be a member of the fire committee by virtue of paragraph (8), (9) or (10) and paragraph (3) had applied to that person, the constituent council that nominated that member must, as soon as practicable, give written notice to the Mayor and nominate another person from that council’s elected members.
(12) Where a person ceases to be a member of the fire committee by virtue of paragraph (8), (9), or (10), the Mayor must appoint another person to be a member of the fire committee.
(13) Where an elected member of a constituent council is appointed by the Mayor to be a member of the fire committee, that constituent council may, in accordance with its own scheme of allowances, pay a special responsibility allowance to that member and also a travelling and subsistence allowance.
(14) In this article—
“fire committee” means the committee referred to in paragraph (2) of this article;
“special responsibility allowance” and “travelling and subsistence allowance” have the same meaning as in the Local Authorities (Members’ Allowances) (England) Regulations 200311.
Fire and rescue functions excluded from the power to make arrangements
6.—(1) This article applies to the fire and rescue functions specified in the following paragraphs of this article.
(2) This paragraph applies to the fire and rescue functions which are specified in the following provisions of the FRS Act 2004—
(a)
(a) section 13 (reinforcement schemes);
(b)
(b) section 15 (arrangements with other employers of fire-fighters); and
(c)
(c) section 16 (arrangements for discharge of functions by others).
(3) This paragraph applies to the function of—
(a)
(a) appointing, or dismissing, the person responsible for managing the fire and rescue service;
(b)
(b) approving the terms of appointment of that person; and
(c)
(c) holding that person to account for managing the fire and rescue service.
(4) This paragraph applies to the function...
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