{
  "url": "https://openlegislation.uk/local-democracy-economic-development-and-construction-act-2009/schedule-5BA/paragraph-6",
  "json_url": "https://openlegislation.uk/local-democracy-economic-development-and-construction-act-2009/schedule-5BA/paragraph-6.json",
  "legislation": "ukpga/2009/20",
  "legislation_title": "Local Democracy, Economic Development and Construction Act 2009",
  "legislation_url": "https://openlegislation.uk/local-democracy-economic-development-and-construction-act-2009",
  "path": "schedule/5BA/paragraph/6",
  "kind": "paragraph",
  "number": "6",
  "heading": "Limitation on delegation of functions",
  "text": "(1) The power of the mayor to arrange under section 107D(3)(ba) for a commissioner to exercise a function is subject to this paragraph.\n(2) The mayor may not arrange for a commissioner to exercise—\n(a) any function of approving—\n(i) a local growth plan under section 107L,\n(ii) a local transport plan under Part 2 of the Transport Act 2000,\n(iii) a spatial development strategy under Part 2 of the Planning and Compulsory Purchase Act 2004, or\n(iv) any other document that is specified for the purposes of this paragraph in an order made by the Secretary of State;\n(b) any function of making or terminating the appointment of a person as a member of staff or holder of any office or role (whether as an employee or otherwise);\n(c) any function of a police and crime commissioner that is exercisable by the mayor or the deputy mayor for policing and crime;\n(d) excepted fire and rescue functions.\n(3) The mayor must obtain the consent of the combined authority to any arrangement for a commissioner to exercise a function; but this does not apply to a function that is exercisable only by the mayor on behalf of the combined authority.\n(4) The mayor may not arrange for a commissioner to exercise a function except in relation to the commissioner’s special area of competence.\n(5) That does not prevent the mayor from arranging for the commissioner to exercise the function incidentally in relation—\n(a) to any area of competence other than the commissioner’s special area, or\n(b) to matters outside any of the areas of competence.\n(6) In this paragraph “excepted fire and rescue functions” means—\n(a) functions under the following provisions of the FRSA 2004—\n(i) section 13 (reinforcement schemes);\n(ii) section 15 (arrangements with other employers of fire-fighters);\n(iii) section 16 (arrangements for discharge of functions by others);\n(b) the functions of—\n(i) appointing, suspending or dismissing the chief fire officer;\n(ii) approving the terms of appointment of the chief fire officer;\n(iii) holding the chief fire officer to account for managing the fire and rescue service;\n(c) approving—\n(i) the community risk management plan;\n(ii) the fire and rescue declaration;\n(d) approving plans, modifications to plans and additions to plans for the purpose of ensuring that—\n(i) as far as reasonably practicable, the combined authority is able to perform its fire and rescue functions if an emergency occurs, and\n(ii) the combined authority is able to perform its functions so far as is 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;\n(e) approving any arrangements for the co-operation of the combined authority in relation to its fire and rescue functions with other Category 1 responders and Category 2 responders in respect of—\n(i) the performance of the combined authority’s duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise);\n(ii) any duties under subordinate legislation made in exercise of powers under that Act.\n(7) In sub-paragraph (6) and this sub-paragraph—\n“Category 1 responder” and “Category 2 responder” have the meanings given in section 3 of the Civil Contingencies Act 2004 (section 2: supplemental);\n“chief fire officer” means the person with responsibility for managing the fire and rescue service;\n“community risk management plan” means a plan which—\n(a)is prepared and published by the combined authority in accordance with the Fire and Rescue National Framework, and\n(b)sets out for the period covered by the document in accordance with the requirements of the Framework—\n(i)the combined authority’s priorities and objectives, and\n(ii)an assessment of all foreseeable fire and rescue related risks that could affect its community, in accordance with the combined authority’s fire and rescue functions;\n“emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 (meaning of “emergency”);\n“fire and rescue authority” means a fire and rescue authority under the FRSA 2004;\n“fire and rescue declaration” means a document which—\n(a)is prepared and published by the combined authority in accordance with the Fire and Rescue National Framework, and\n(b)contains a statement of the way in which the combined authority has had regard, in the period covered by the document, to the Framework and to any community risk management plan prepared by the combined authority for that period;\n“fire and rescue functions” means—\n(a)functions of a fire and rescue authority which the combined authority has by virtue of an order under section 105A, or\n(b)functions which the combined authority has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the FRSA 2004;\n“Fire and Rescue National Framework” means the document prepared by the Secretary of State under section 21 of the FRSA 2004;\n“fire and rescue service” means the personnel, services and equipment secured for the purposes of carrying out the functions of a fire and rescue authority under—\n(a)section 6 of the FRSA 2004 (fire safety);\n(b)section 7 of the FRSA 2004 (fire-fighting);\n(c)section 8 of the FRSA 2004 (road traffic accidents);\n(d)any applicable order under section 9 of the FRSA 2004 (emergencies);\n(e)section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise) and any applicable subordinate legislation made under that Act;\n(f)any other provision of, or made under, an enactment which confers functions on a fire and rescue authority;\n“FRSA 2004” means the Fire and Rescue Services Act 2004.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 5BA inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 3 para. 3 (with s. 102)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "word omitted",
      "affecting": "ukpga/2026/23",
      "affecting_title": "English Devolution and Community Empowerment Act 2026"
    },
    {
      "type": "inserted",
      "affecting": "ukpga/2026/23",
      "affecting_title": "English Devolution and Community Empowerment Act 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2009/20/schedule/5BA/paragraph/6",
    "retrieved_at": "2026-10-29T09:10:57.702412+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}