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English Devolution and Community Empowerment Bill

Moved by

Baroness Taylor of Stevenage

136: Schedule 23, page 261, line 7, at end insert—

“Matters outside the scope of inspections

4A In section 28 (inspectors), after subsection (A8) insert—

“(A8A) When carrying out an inspection under subsection (A3) of a mayoral combined authority, or mayoral CCA, in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g), an English inspector must not review or scrutinise decisions made, or other action taken, in connection with the discharge of an excluded mayoral FRA function.

(A8B) For the purposes of subsection (A8A), the following are excluded mayoral FRA functions in relation to a mayoral combined authority, or mayoral CCA, in its capacity as a fire and rescue authority—

(a) the issuing of a community risk management plan;

(b) the variation of priorities and objectives set out in a community risk management plan;

(c) the allocation of the draft or actual budget for fire and rescue functions in relation to any financial year;

(d) the function of appointing, suspending or dismissing the chief fire officer;

(e) the function of holding the chief fire officer to account for the exercise of—

(i) the functions which are delegated to the chief fire officer; and

(ii) the functions of persons under the direction and control of the chief fire officer;

(f) the function of approving a pay policy statement prepared for the purposes of section 38 of the Localism Act 2011;

(g) the function of approving arrangements to enter into a reinforcement scheme under section 13;

(h) the function of approving arrangements with other employers of firefighters under section 15;

(i) the function of approving arrangements under section 16;

(j) the function of approving plans, modifications to plans and additions to plans for the purpose of ensuring that—

(i) so far as is reasonably practicable, the mayoral combined authority, or mayoral CCA, is able to continue to perform its fire and rescue functions if an emergency occurs; and

(ii) the mayoral combined authority, or mayoral CCA, 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;

(k) the function of approving any arrangements for the co-operation of the mayoral combined authority, or mayoral CCA in relation to its fire and rescue functions with other general Category 1 responders and general Category 2 responders in respect of—

(i) the performance of the mayoral combined authority’s, or mayoral CCA’s, duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004; and

(ii) any duties under subordinate legislation made in exercise of powers under that Act.

(A8C) In subsection (A8B)—

“community risk management plan” has the same meaning as in Schedule ZA1;

“emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 for Part 1 of that Act;

“general Category 1 responder” means a person who falls within Part 1 of Schedule 1 to the Civil Contingencies Act 2004;

“general Category 2 responder” means a person who falls within Part 3 of Schedule 1 to the Civil Contingencies Act 2004;

“priorities and objectives” has the same meaning as in Schedule ZA1.””

Member's explanatory statement

This would provide for matters which inspectors of fire and rescue authorities may not review or scrutinise when inspecting mayoral combined authorities or CCAs which are fire and rescue authorities.

137: Schedule 23, page 261, line 27, at end insert—

“Local Government Finance Act 1988

5A (1) The Local Government Finance Act 1988 is amended in accordance with this paragraph.

(2) In section 114 (functions of responsible officer as regards reports), in subsection (4)(b)—

(a) in sub-paragraph (iiic), omit the final “and”;

(b) after sub-paragraph (iiic) insert—

“(iiid) a mayoral FRA, the relevant scrutiny body (and here “mayoral FRA” and “relevant scrutiny body” have the same meanings as in Schedule ZA1 to the Fire and Rescue Act 2004), and”.

(3) In section 115 (authority’s duties as regards reports)—

(a) after subsection (1BA) insert—

“(1BB) In the case of a report made by the chief finance officer of a mayoral FRA (which in this section has the same meaning as in Schedule ZA1 to the Fire and Rescue Act 2004), that mayoral FRA must consider the report and decide whether the mayoral FRA agrees or disagrees with the views contained in the report and what action (if any) the mayoral FRA proposes to take in consequence of it.”;

(b) in subsection (1E), after “section 4A fire and rescue authority” insert “, the mayoral FRA”;

(c) after subsection (1FA) insert—

“(1FB) As soon as practicable after the mayoral FRA has prepared a report under subsection (1E), the mayoral FRA must arrange for a copy of the report to be sent to—

(a) the chief finance officer;

(b) the person who at the time the report is made has the duty to audit the authority’s accounts; and

(c) each member of the relevant scrutiny body (which has the same meaning as in Schedule ZA1 to the Fire and Rescue Act 2004).”;

(d) in subsection (2), after “section 4A fire and rescue authority” insert “, a mayoral FRA”.

Local Government and Housing Act 1989

5B (1) The Local Government and Housing Act 1989 is amended in accordance with this paragraph.

(2) In section 67(3) (meaning of “local authority” in Part 5), after paragraph (h) insert—

“(ha) a mayoral combined authority (which 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) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;

(hb) a mayoral CCA (which 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) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;”.

(3) In section 155(4) (local authorities that can receive emergency financial assistance), after paragraph (ha) insert—

“(hb) a mayoral combined authority (which 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) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;

(hc) a mayoral CCA (which 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) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;”.”

Member's explanatory statement

This would bring mayoral combined authorities or CCAs that are fire and rescue authorities within sections 114 and 155 of the Local Government Finance Act 1989 and Part 5 and section 155 of the Local Government and Housing Act 1989.