Section 48 Functions of fire and rescue authoritiesI1I2

Section 1 of FRSA 2004 (fire and rescue authorities) is amended in accordance with subsections (2) and (3).

In subsection (2), after paragraph (e) insert—

“(f)

a mayoral combined authority or mayoral CCA is the fire and rescue authority for the whole of its area if the Secretary of State designates it as the fire and rescue authority for that area in accordance with section 1A(1);

(g)

a mayoral combined authority or mayoral CCA is the fire and rescue authority for a part of its area if the Secretary of State—

(i)

specifies that part of its area, and

(ii)

designates it as the fire and rescue authority for that part of its area,

in accordance with section 1A(2) and (3).”

After subsection (2) insert—

“(2A)

If a mayoral combined authority or mayoral CCA is the fire and rescue authority for an area by virtue of subsection (2)(f) or (g), a council or other authority is not the fire and rescue authority for that area by virtue of subsection (2)(a) to (e) or section 2 or 4.

(2B)

The functions of a mayoral combined authority or mayoral CCA as a fire and rescue authority are functions of the mayoral combined authority or mayoral CCA exercisable only by the mayor on behalf of the combined authority or CCA.”

After section 1 of FRSA 2004 insert—

“Designation of mayoral combined authorities and mayoral CCAs

1A

(1)

The Secretary of State may by order designate a mayoral combined authority or mayoral CCA as the fire and rescue authority for the whole of its area.

(2)

The Secretary of State may—

(a)

by order specify a part of the area of a mayoral combined authority or mayoral CCA, and

(b)

by order designate the mayoral combined authority or mayoral CCA as the fire and rescue authority for the specified part of its area.

(3)

But, if the Secretary of State exercises the powers conferred by subsection (2) in relation to a particular mayoral combined authority or mayoral CCA (the “relevant mayoral authority”), the Secretary of State must ensure that those powers are exercised so as to secure that—

(a)

two or more parts are specified under subsection (2)(a) which, when taken together, consist of the whole of the area of the relevant mayoral authority;

(b)

the relevant mayoral authority is designated as the fire and rescue authority for each specified part;

(c)

all of those designations come into effect at the same time.

(4)

Accordingly, where the powers conferred by subsection (2) are exercised in relation to the relevant mayoral authority—

(a)

there are separate fire and rescue authorities for each area specified under subsection (2)(a);

(b)

the fire and rescue authority for each of those areas is the relevant mayoral authority.

(5)

The Secretary of State may by order provide for the name by which an area specified under subsection (2)(a) is to be known.

(6)

An order under subsection (1) or (2)(a) or (b) may make consequential alterations to any other—

(a)

section 1A(2) area,

(b)

section 2 combined area, or

(c)

section 4 combined area.

(7)

The alterations that may be made by virtue of subsection (6) include alterations that result in a reduction or an increase in the number of such areas.

(8)

An order under subsection (1) or (2)(a) or (b) may make provision for the abolition of—

(a)

a metropolitan county fire and rescue authority,

(b)

a combined fire and rescue authority constituted by a scheme under section 2, or

(c)

a combined fire and rescue authority constituted by a scheme to which section 4 applies.

(9)

The provision that may be made by regulations under section 56 of the English Devolution and Community Empowerment Act 2026 (incidental etc provision) for the purposes of, or in consequence of, an order under subsection (1) or (2)(a) or (b) relating to a particular mayoral combined authority or mayoral CCA and particular area includes—

(a)

provision for functions of a fire rescue authority to be exercisable in relation to the area by the mayoral combined authority or mayoral CCA during a shadow period (and not by any fire and rescue authority by which those functions would otherwise be exercisable);

(b)

provision for those functions to be exercisable only by the mayor on behalf of the mayoral combined authority or mayoral CCA;

(c)

provision about who is to scrutinise the exercise of those functions;

(d)

any other incidental, consequential, transitional, transitory or supplementary provision.

(10)

In this section—

• “section 1A(2) area” means an area specified in an order under subsection (2)(a) (including such an area as varied from time to time);

• “section 2 combined area” means an area for which a combined fire and rescue authority is, or used to be, constituted by a scheme under section 2 (including such an area as varied from time to time);

• “section 4 combined area” means the area for which a combined fire and rescue authority is, used to be, constituted by a scheme to which section 4 applies (including such an area as varied from time to time);

• “shadow period”, in relation to provision made in accordance with subsection (9)(a) in relation to a particular area, means a period which—

  1. (a)

     ends when the designation of the mayoral combined authority or mayoral CCA as the fire and rescue authority for the area takes effect, and

  2. (b)

     is no longer than one year.”

In section 5M of FRSA 2004 (interpretation), after the definition of “City of London police area” insert—

• ““mayoral CCA” has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 (see section 27(8) of that Act);

• “mayoral combined authority” has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (see section 107A(8) of that Act);”.

Schedule 25 contains further provision about fire and rescue services.