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The Fire and Rescue Authority (Membership) Order 2017

S.I. 2017/1165 · Made 28 November 2017 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2021.

Fire And Rescue Services, England

Made 28th November 2017

Laid before Parliament 1st December 2017

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by section 29(2) of the Local Government Act 1985f1 and sections 2(6) and 4(4) of the Fire and Rescue Services Act 2004f2.

In accordance with section 29(3) of the Local Government Act 1985 the Secretary of State has had regard to the number of local government electors in the areas of the constituent councils appointing members to the West Midlands Fire and Rescue Authority and in accordance with section 29(4) of that Act, the Secretary of State has consulted with those constituent councils.

The variation to the Hampshire Fire Services Combination Scheme has been proposed by the Hampshire Fire and Rescue Authorityf3.

The variation to the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme has been proposed by the Dorset and Wiltshire Fire and Rescue Authorityf4.

Annotations to the whole text

Footnotes

f1

1985 c. 51; there have been amendments to section 29 but none is relevant.

f2

2004 c. 21.

f3

In accordance with section 4(5A) of the Fire and Rescue Services Act 2004 inserted by paragraphs 16(1) and (3) of Schedule 22 to the Deregulation Act 2015 (c. 20), the duty on the Secretary of State in section 4(5) of the 2004 Act in relation to consultation does not apply.

f4

In accordance with section 2(6A) of the Fire and Rescue Services Act 2004 inserted by paragraphs 16(1) and (2) of Schedule 22 to the Deregulation Act 2015 (c. 20),the duty on the Secretary of State in section 2(6) of the 2004 Act in relation to consultation does not apply.

Contents

  1. 1Citation and commencement
  2. 2Amendment to the Local Government Act 1985
  3. 3Variation of the Hampshire Fire Services Combination Scheme Repealed
  4. 4Variation of the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme
  5. Signature
  6. Schedule 1 Repealed
  7. 1Paragraph 1 Repealed
  8. 2Variation of Part 1 of the Scheme Repealed
  9. 3Variation of Part 3 of the Scheme Repealed
  10. 4Paragraph 4 Repealed
  11. 5Paragraph 5 Repealed
  12. 6Paragraph 6 Repealed
  13. 7Paragraph 7 Repealed
  14. 8Paragraph 8 Repealed
  15. 9Paragraph 9 Repealed
  16. Schedule 2
  17. 1Paragraph 1
  18. 2Variation of Part 3 of the Scheme
  19. 3Paragraph 3
  20. Explanatory note

1Citation and commencementI1

(1)

This Order may be cited as the Fire and Rescue Authority (Membership) Order 2017.

(2)

This article and article 3 come into force on 22nd December 2017.

(3)

Article 2 comes into force on 25th June 2018.

(4)

Article 4 comes into force on 6th June 2018.

2Amendment to the Local Government Act 1985I1

(1)

The Local Government Act 1985 is amended as follows.

(2)

In Schedule 10 (number of members of joint authorities), in Part 6 (West Midlands), in the third column of the Table (number of members of metropolitan county fire and rescue authority)f1—

(a)

in the entry for Birmingham for “10” substitute “4”;

(b)

in the entry for Coventry for “3” substitute “2”;

(c)

in the entry for Dudley for “3” substitute “2”;

(d)

in the entry for Sandwell for “3” substitute “2”;

(e)

in the entry for Solihull for “2” substitute “1”;

(f)

in the entry for Walsall for “3” substitute “2”;

(g)

in the entry for Wolverhampton for “3” substitute “2”.

3Variation of the Hampshire Fire Services Combination SchemeF1

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4Variation of the Dorset and Wiltshire Fire and Rescue Authority Combination SchemeI1

The Dorset and Wiltshire Fire and Rescue Authority Combination Scheme set out in the Schedule to the Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015f1 is varied in accordance with Schedule 2 to this Order.

Signature

Nick Hurd

Minister of State

Home Office

28th November 2017

1F1

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2Variation of Part 1 of the SchemeF1

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3Variation of Part 3 of the SchemeF1

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7F1

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1I1

In this Schedule “the Scheme” means the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme set out in the Schedule to the Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015.

2Variation of Part 3 of the SchemeI1

In paragraph 6(1) for “30 members” substitute—

“18 members save that, where the minimum number of members of the Authority resulting from the operation of paragraph 7 would be greater than 18, the Authority shall consist of that number of members”.

3I1

For paragraph 7 substitute—

“7.
(1)

Each constituent authority shall appoint 2 representatives to be members of the Authority.

(2)

Each constituent authority shall, so far as is practicable, appoint such additional number of representatives to be members of the Authority as may be required to ensure that the total number of representatives is proportionate to the number of local government electors in its area in relation to the number of such electors in each of the other constituent authorities’ areas.”.

Explanatory note

(This note is not part of the Order)

This Order makes amendments in relation to the membership of the West Midlands Fire and Rescue Authority, the Hampshire Fire and Rescue Authority and the Dorset and Wiltshire Fire and Rescue Authority.

Article 2 amends Schedule 10 to the Local Government Act 1985 to reduce the number of members to be appointed to the West Midlands Fire and Rescue Authority by each of its constituent councils.

Article 3 and Schedule 1 amend the Hampshire Fire Services Combination Scheme set out in the Schedule to the Hampshire Fire Services (Combination Scheme) Order 1996 in particular to make provision enabling the Hampshire Fire and Rescue Authority to appoint a police and crime commissioner whose police area wholly or partly coincides with the area of the Authority, as a member of the Authority. This reflects the provision made in section 7 of the Policing and Crime Act 2017 (c. 3) enabling police and crime commissioners to be represented on all types of fire and rescue authority.

Article 4 and Schedule 2 amend the Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015 to reduce the maximum number of members of that Authority from 30 to 18.

An impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.