Statutory Instruments
2017 No. 1165
Fire And Rescue Services, England
The Fire and Rescue Authority (Membership) Order 2017
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 1985(1) and sections 2(6) and 4(4) of the Fire and Rescue Services Act 2004(2).
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 Authority(3).
The variation to the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme has been proposed by the Dorset and Wiltshire Fire and Rescue Authority(4).
Citation and commencementI1
1.—(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.
Amendment to the Local Government Act 1985I2
2.—(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)(5)—
(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”.
Variation of the Hampshire Fire Services Combination Scheme
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Variation of the Dorset and Wiltshire Fire and Rescue Authority Combination SchemeI3
4. 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(6) is varied in accordance with Schedule 2 to this Order.
Nick Hurd
Minister of State
Home Office
28th November 2017
Article 3
F2SCHEDULE 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 4
SCHEDULE 2 I4
1. 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 .
Variation of Part 3 of the SchemeI5,I6
2. 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”.
3. 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.”.
1985 c. 51; there have been amendments to section 29 but none is relevant.
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.
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.
Paragraph 10 of Part 1 of Schedule 2 to the Civil Contingencies Act 2004 (c. 36) provides that a reference to “metropolitan fire and civil defence authority” is treated as a reference to a “metropolitan county fire and rescue authority”.