Article 6 Fire and rescue functions excluded from the power to make arrangements

(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)

section 13 (reinforcement schemes);

(b)

section 15 (arrangements with other employers of fire-fighters); and

(c)

section 16 (arrangements for discharge of functions by others).

(3)

This paragraph applies to the function of—

(a)

appointing, or dismissing, the person responsible for managing the fire and rescue service;

(b)

approving the terms of appointment of that person; and

(c)

holding that person to account for managing the fire and rescue service.

(4)

This paragraph applies to the function of approving—

(a)

the local risk plan; and

(b)

the fire and rescue declaration.

(5)

This paragraph applies to the function of approving plans, modifications to plans and additions to plans for the purpose of ensuring that—

(a)

so far as is reasonably practicable, the GMCA is able to continue to perform its fire and rescue functions if an emergency occurs; and

(b)

the GMCA is able to perform its functions so far as necessary or desirable for the purpose of preventing an emergency, or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it.

(6)

This paragraph applies to the function of approving any arrangements for the co-operation of the GMCA in relation to its fire and rescue functions and other general Category 1 responders and general Category 2 responders in respect of the performance of the GMCA’s duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004^f1 and any duties under regulations made in exercise of powers under that Act.

(7)

In paragraphs (5) and (6) “emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 for Part 1 of that Act.

Annotations

Footnotes

f1: 2004 c.36. Category 1 responders general are listed in Part 1, and category 2 responders general are listed in Part 2 of Schedule 1 to the Civil Contingencies Act 2004. There are amendments to section 2 and Schedule 1 which are not relevant to this Order.