Paragraph 4 Provision about mayoral combined authorities or CCAs that are fire and rescue authoritiesI1

In section 1 (fire and rescue authorities), after subsection (2B) (inserted by section 48 of this Act) insert—

“(2C)

Schedule ZA1 makes provision about mayoral combined authorities or CCAs that are fire and rescue authorities.”

Before Schedule A1 insert—

“Schedule ZA1

Mayoral combined authorities or CCAs as fire and rescue authorities

Section 1

Interpretation

1

(1)

In this Schedule—

• “community risk management plan” means a document issued by an FRA’s mayor which—

  1. (a)

     is prepared and published in accordance with the Fire and Rescue National Framework, and

  2. (b)

     sets out for the period covered by the document—

     1. (i)

        the mayoral FRA’s priorities and objectives in connection with the discharge of its functions as a fire and rescue authority, and

     2. (ii)

        an assessment of all foreseeable fire and rescue related risks that could affect the mayoral FRA’s area;

• “FRA’s mayor” means the mayor for the area of a mayoral FRA;

• “mayoral FRA” means a mayoral combined authority or mayoral CCA which is a fire and rescue authority by virtue of section 1(2)(f) or (g);

• “priorities and objectives” means a mayoral FRA’s priorities and objectives in connection with the discharge of its functions as a fire and rescue authority which it is required to set out in the community risk management plan;

• “relevant scrutiny body”, in relation to a mayoral FRA, has the meaning determined in accordance with sub-paragraphs (2) to (5).

(2)

The “relevant scrutiny body” is the overview and scrutiny committee of the mayoral combined authority or mayoral CCA which is the fire and rescue authority.

(3)

Where the authority or CCA has more than one overview and scrutiny committee, the authority or CCA must decide which of the committees is to exercise the functions of the relevant scrutiny body.

(4)

But sub-paragraphs (2) and (3) do not apply in a case where—

(a)

the FRA’s mayor also exercises functions of police and crime commissioner in relation to the area for which the mayoral FRA is the fire and rescue authority, and

(b)

immediately before the mayoral FRA became the fire and rescue authority for that area, an authority created by an order under section 4A was the fire and rescue authority for that area.

(5)

In that case, the “relevant scrutiny body” is the police and crime panel for that area (see, in particular, section 28 of the Police Reform and Social Responsibility Act 2011 as it has effect in accordance with paragraph 10 of Schedule 10A to that Act).

Oversight of the community risk management plan

2

(1)

This paragraph applies to—

(a)

the issuing of a community risk management plan, and

(b)

the variation of priorities and objectives set out in a community risk management plan.

(2)

The FRA’s mayor must—

(a)

consult the chief fire officer in preparing a draft of the plan or variation;

(b)

send the priorities and objectives in the draft plan or draft variation to the relevant scrutiny body;

(c)

have regard to any report or recommendations made by the relevant scrutiny body in relation to those priorities and objectives; and

(d)

as soon as reasonably practicable—

(i)

give the relevant scrutiny body a response to any such report or recommendations, and

(ii)

publish the response in such manner as the FRA’s mayor considers appropriate.

(3)

The FRA’s mayor must ensure that the relevant scrutiny body has a reasonable amount of time to—

(a)

consider the priorities and objectives sent to it in accordance with sub-paragraph (2)(b), and

(b)

produce a report or recommendations.

(4)

The FRA’s mayor must consult the chief fire officer before issuing or varying a community risk management plan if, and to the extent that, the priorities and objectives in the plan or variation are different from those in the draft on which the chief fire officer was consulted in accordance with sub-paragraph (2)(a).

(5)

If the FRA’s mayor issues or varies a community risk management plan, the mayor must—

(a)

send a copy of the plan or variation to the chief fire officer; and

(b)

publish a copy of the plan or variation in such manner as the mayor considers appropriate.

(6)

The duty under sub-paragraph (5) to send or publish a copy of a variation may instead be satisfied by sending or publishing a copy of the plan as varied.

Duty to keep community risk management plan under review

3

The FRA’s mayor must—

(a)

keep the priorities and objectives in the community risk management plan under review, and

(b)

in particular, review them in the light of any report or recommendations made to the mayor by the relevant scrutiny body.

Notification of proposed allocation of budget for fire and rescue functions

4

(1)

In each financial year, an FRA’s mayor must notify the relevant scrutiny body of the mayor’s proposed allocation of the draft budget for fire and rescue functions in relation to the following financial year.

(2)

The notification must include the proposed allocation of the element of the general precept that is attributable to fire and rescue functions.

(3)

The notification must be given—

(a)

before the date on which the mayoral combined authority or mayoral CCA determines whether to approve the mayor’s annual budget in relation to the following financial year; and

(b)

at a time which permits the relevant scrutiny body a reasonable amount of time to review the proposed allocation of budget before that determination is made.

Review of proposed budget

5

(1)

The relevant scrutiny body must review any proposed allocation of budget notified to it under paragraph 4.

(2)

The relevant scrutiny body must make a report to the FRA’s mayor in relation to the proposed allocation of budget.

(3)

The FRA’s mayor must—

(a)

have regard to any report made under sub-paragraph (2) and to any recommendations made in it;

(b)

provide the relevant scrutiny body with a response to the report and any recommendations made in it;

(c)

notify the relevant scrutiny body of any material changes to the budget for fire and rescue functions after it has been finalised; and

(d)

publish the response given under paragraph (b), and any notification given under paragraph (c)—

(i)

in such manner as is required by the relevant scrutiny body; and

(ii)

in any event, in a prominent place on the website of the mayoral combined authority or mayoral CCA.”