The Police, Fire and Crime Commissioner for Northamptonshire (Fire and Rescue Authority) Order 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/1072 |
| Year | 2018 |
2018 No. 1072
Fire And Rescue Services, England
Police, England
The Police, Fire and Crime Commissioner for Northamptonshire (Fire and Rescue Authority) Order 2018
Made 10th October 2018
Laid before Parliament 12th October 2018
Coming into force 1st January 2019
The Secretary of State, in exercise of the powers conferred by sections 4A(1), 4D(10), (13) and (14), 4M(2)(b) and 60(2) of the Fire and Rescue Services Act 20041, makes the following Order.
A proposal has been submitted to the Secretary of State in accordance with section 4A(4) of the Fire and Rescue Services Act 2004. It appears to the Secretary of State in accordance with section 4A(5)(a) of the Fire and Rescue Services Act 2004 that it is in the interests of economy, efficiency and effectiveness for the Order to be made and the Secretary of State does not think that the Order would have an adverse effect on public safety2.
PART 1
General
Citation and commencement
1. This Order may be cited as the Police, Fire and Crime Commissioner for Northamptonshire (Fire and Rescue Authority) Order 2018 and comes into force on 1st January 2019.
Interpretation
2. In this Order—
“the FRS Act 2004” means the Fire and Rescue Services Act 2004;
“Authority” means the fire and rescue authority created in accordance with article 3;
“chief fire officer” means the person with responsibility for managing the fire and rescue service;
“DPCC” means the deputy police and crime commissioner for Northamptonshire;
“fire and rescue functions” means the 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 a fire and rescue authority;
(e) section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise)3and any subordinate legislation made under that Act applying to a fire and rescue authority, and
(f) any other provision of, or of subordinate legislation made under, an Act which confers functions on a fire and rescue authority;
“fire and rescue service” means the personnel, services and equipment secured by the Authority for the purpose of carrying out the Authority’s fire and rescue functions;
“integrated risk management plan” means a plan which—
(a) is prepared and published by the Authority in accordance with the requirements of the Fire and Rescue National Framework4, and
(b) sets out for the period covered by the document—
(i) an assessment of all the foreseeable fire and rescue related risks that could affect the area of the Authority, and
(ii) proposals, including about the allocation of resources, for the mitigation of those risks;
“member of staff of the authority” means—
(a) a member of staff transferred to the Authority under a transfer scheme made under section 4C of the FRS Act 20045, and
(b) a member of staff appointed by the Authority under section 4D of the FRS Act 2004;
“member of staff of the PCC” means any of the following persons appointed by the PCC under paragraph 6 of Schedule 1 to the Police Reform and Social Responsibility Act 2011 (police and crime commissioners)6—
(a) the commissioner’s chief executive;
(b) the commissioner’s chief finance officer, or
(c) another member of staff, and
“PCC” means the police and crime commissioner for Northamptonshire.
PART 2
Creation and Functions of the Fire and Rescue Authority
Creation and functions of the Northamptonshire Commissioner Fire and Rescue Authority
3.—(1) A corporation sole is created as the fire and rescue authority with fire and rescue functions for the area specified in paragraph (3).
(2) The person who is for the time being the PCC is for the time being to be that fire and rescue authority7.
(3) The area specified in this paragraph is the area of the County of Northamptonshire.
(4) The corporation sole created under paragraph (1) is to be known as the Northamptonshire Commissioner Fire and Rescue Authority.
PART 3
Arrangements for the Exercise of Functions
Arrangements for the exercise of functions
4.—(1) Subject to articles 5, 6 and 8 the Authority may make such arrangements as it considers appropriate for the delegation of its functions to—
(a)
(a) the DPCC;
(b)
(b) a member of staff of the Authority, or
(c)
(c) a member of staff of the PCC.
(2) Where the Authority delegates functions to the DPCC, the DPCC may be known as the Deputy Police, Fire and Crime Commissioner for Northamptonshire.
Functions to be exercised only by the Authority
5.—(1) The Authority may not make arrangements under article 4(1) for the delegation of the following functions—
(a)
(a) the function of calculating a council tax requirement (see section 42A of the Local Government Finance Act 1992)8;
(b)
(b) the function of approving the fire and rescue plan and the fire and rescue statement (within the meaning of Schedule A2 of the FRS Act 2004)9;
(c)
(c) the function of approving the integrated risk management plan;
(d)
(d) the function of appointing, suspending or dismissing the chief fire officer;
(e)
(e) the function of holding the chief fire officer to account in accordance with article 9;
(f)
(f) the function of approving a pay policy statement prepared for the purpose of section 38 of the Localism Act 2011 (pay policy statements)10;
(g)
(g) the function of approving arrangements to enter into a reinforcement scheme under section 13 of the FRS Act 2004 (reinforcement schemes);
(h)
(h) the function of approving arrangements with other employers of fire-fighters under section 15 of the FRS Act 2004 (arrangements with other employers of fire-fighters);
(i)
(i) the function of approving arrangements under section 16 of the FRS Act 2004 (arrangements for discharge of functions by others);
(j)
(j) the function of approving plans, modifications to plans and additions to plans for the purpose of ensuring that—
(i) as far as reasonably practical, the Authority is able to perform its fire and rescue functions if an emergency occurs, and
(ii) the Authority is able to perform its functions so far as necessary or desirable for the...
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