Local Government, England Citation and commencement 1 1 This Order may be cited as the Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017. 2 This article, article 2 and article 11 come into force on the day after the day on which the Order is made. 3 Otherwise this Order comes into force on 8th May 2017. Interpretation 2 In this Order— “the FRS Act 2004 ” means the Fire and Rescue Services Act 2004 ; “the LDEDC Act 2009” means the Local Democracy, Economic Development and Construction Act 2009; “the PRSR Act 2011” means the Police Reform and Social Responsibility Act 2011; “ the Area ” means the area of the GMCA ; “the chief fire officer” means the person with responsibility for managing the fire and rescue service; “constituent councils” means the district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan; “the deputy mayor for policing and crime” means the deputy mayor for policing and crime for the Area; “financial year” means a period of 12 months beginning with 1st April; “fire and rescue authority” means a fire and rescue authority under the FRS Act 2004; “fire and rescue declaration” means a document which— is prepared and published by the GMCA in accordance with the Fire and Rescue National Framework ; and contains a statement of the way in which the GMCA has had regard, in the period covered by the document, to the Framework and to any local risk plan prepared by the GMCA for that period; “fire and rescue functions” means functions conferred on GMCA as a fire and rescue authority by, or by virtue of, any enactment; “Fire and Rescue National Framework” means the document prepared by the Secretary of State under section 21 of the FRS Act 2004; “the fire and rescue service” means the personnel, services and equipment secured by the GMCA for the purposes of carrying out the GMCA’s functions under— section 6 of the FRS Act 2004; (fire safety); section 7 of that Act (fire-fighting); section 8 of that Act (road traffic accidents); any order under section 9 of that Act (emergencies) which applies to the GMCA; section 2 of the Civil Contingencies Act 2004 and any regulations under that Act applying to a fire and rescue authority; any other provision of or made under an enactment which confers functions on a fire and rescue authority; “the GMCA” means the Greater Manchester Combined Authority, a body corporate established by the Greater Manchester Combined Authority Order 2011 ; “the GMFRA ” means the Greater Manchester Fire and Rescue Authority ; “local risk plan” means a document which— is prepared and published by the GMCA in accordance with the Fire and Rescue National Framework; and sets out for the period covered by the document in accordance with the requirements of the Fire and Rescue National Framework— the GMCA’s priorities and objectives; and an assessment of all foreseeable fire and rescue related risks that could affect its community; in connection with the discharge of the GMCA’s functions as a fire and rescue authority; “ the Mayor ” means the mayor for the Area ; “the Police, Fire and Crime Panel” means the police and crime panel for the Area; “proposed allocation of budget” has the meaning given in article 5C(1). Transfer of functions of the GMFRA to the GMCA 3 1 The functions of the GMFRA that are exercisable in relation to the Area of the GMCA are to be functions of the GMCA. 2 The GMCA is the fire and rescue authority for the Area for the purposes of the FRS Act 2004, subject to paragraph 6 of the Schedule. 3 The GMFRA is abolished. 4 Part 2 of Schedule 10 (number of members of joint authorities: Greater Manchester) to the Local Government Act 1985 is repealed. General functions of the GMCA exercisable only by the Mayor 4 1 The fire and rescue functions of the GMCA are exercisable only by the Mayor. 2 For the purposes of the exercise of the fire and rescue functions, the Mayor may do anything that the GMCA may do under section 113A of the LDEDC Act 2009 (general power of EPB or combined authority) . 3 Members and officers of the GMCA may assist the Mayor in the exercise of the fire and rescue functions. Arrangements for exercise of fire and rescue functions 5 1 The Mayor may not make arrangements under section 107D(3) of the LDEDC Act (functions of mayors: general) that authorise the exercise of any of the fire and rescue functions to which article 6 applies. 1A The Mayor may arrange under section 107D(3) of the LDEDC Act 2009 for the deputy mayor for policing and crime to exercise fire and rescue functions other than any of the functions to which article 6 applies. 1B Where the Mayor makes arrangements described in paragraph (1A), the deputy mayor for policing and crime may, for the purposes of the exercise of fire and rescue functions, do anything that the GMCA may do under section 113A of the LDEDC Act 2009. 1C The Mayor may not make arrangements described in paragraph (1A), and arrangements described in paragraph (2), to have effect concurrently. 2 The Mayor may arrange under section 107D(3) of the LDEDC Act 2009 for a committee of the GMCA to exercise fire and rescue functions other than any of the functions to which article 6 applies (“fire committee”). 3 One member of the fire committee is to be appointed by the Mayor on the nomination of each constituent council from one of that council’s elected members. 4 The Mayor may appoint 5 or fewer further members of the fire committee from the elected members of one or more of the constituent councils. 5 Where the Mayor decides not to appoint a person who has been nominated by a constituent council, that council may nominate a further person from that council’s elected members. 6 The Mayor and the constituent councils must, when appointing or nominating members to the fire committee, ensure that the members of the fire committee taken as a whole reflect so far as reasonably practicable the balance of the political parties for the time being prevailing among the constituent councils when taken together. 7 The Mayor must appoint one of the members of the fire committee to serve as chair of the committee. 8 A member of the fire committee ceases to be a member of that committee, if that person ceases to be a member of the constituent council of which that person had been a member at the time of appointment to the committee. 9 A member of the fire committee may resign as a member of the fire committee by written notice served on the proper officer of the constituent council which that person had been a member of at the time of appointment to the committee and the resignation is to take effect on receipt of the notice by the proper officer. 10 The Mayor may at any time terminate the appointment of a member of the fire committee where that member has not attended meetings of the fire committee throughout a period of six consecutive months from the date of that member’s last attendance. 11 Where a person ceases to be a member of the fire committee by virtue of paragraph (8), (9) or (10) and paragraph (3) had applied to that person, the constituent council that nominated that member must, as soon as practicable, give written notice to the Mayor and nominate another person from that council’s elected members. 12 Where a person ceases to be a member of the fire committee by virtue of paragraph (8), (9), or (10), the Mayor must appoint another person to be a member of the fire committee. 13 Where an elected member of a constituent council is appointed by the Mayor to be a member of the fire committee, that constituent council may, in accordance with its own scheme of allowances, pay a special responsibility allowance to that member and also a travelling and subsistence allowance. 14 In this article— “fire committee” means the committee referred to in paragraph (2) of this article; “special responsibility allowance” and “travelling and subsistence allowance” have the same meaning as in the Local Authorities (Members’ Allowances) (England) Regulations 2003 . Police, Fire and Crime Panel: oversight functions in relation to fire and rescue functions 5A 1 The Police, Fire and Crime Panel has oversight functions in relation to— a any fire and rescue functions of the Mayor that are exercisable by the deputy mayor for policing and crime as a result of arrangements described in article 5(1A); and b fire and rescue functions exercisable by the Mayor, as set out in articles 5B to 5D, and by virtue of Schedule 1. 2 The modifications of enactments set out in Schedule 1 have effect for the purposes of the application of those enactments to the GMCA as fire and rescue authority. Police, Fire and Crime Panel: scrutiny of the local risk plan 5B 1 Before issuing a local risk plan or varying the GMCA’s priorities and objectives set out in a local risk plan, the Mayor must— a consult the chief fire officer in preparing the draft plan, or the draft variation; b send the draft priorities and objectives, or the draft variation of the priorities and objectives, to the Police, Fire and Crime Panel; c have regard to any report or recommendations made by the Police, Fire and Crime Panel in relation to the draft priorities and objectives, or the draft variation of the priorities and objectives, in accordance with section 28(3) of the PRSR Act 2011; and d as soon as reasonably practicable, give the Police, Fire and Crime Panel a response to any such report or recommendations, and publish the response in such manner as the Mayor considers appropriate. 2 In complying with paragraph (1)(b), the Mayor must ensure that the Police, Fire and Crime Panel has a reasonable amount of time to consider the draft priorities and objectives, or the draft variation of the priorities and objectives, and to produce its report or recommendations. 3 The Mayor must consult the chief fire officer before issuing or varying a local risk plan if, and to the extent that, the priorities and objectives in the plan or variation are different from the draft prepared in accordance with paragraph (1). 4 The Mayor must keep the priorities and objectives in the local risk plan under review and, in particular, review them in the light of any report or recommendations made to the Mayor by the Police, Fire and Crime Panel under section 28(4) of the PRSR Act 2011. 5 If the Mayor issues or varies a local risk plan, the Mayor must— a send a copy of the issued local risk plan, or the variation, to the chief fire officer; and b publish a copy of the issued plan, or the variation, in such manner as the Mayor considers appropriate. 6 The duty under paragraph (5) to send or publish a copy of the variation may instead be satisfied by sending or publishing a copy of the plan as varied. 7 In this article “priorities and objectives” means the GMCA’s priorities and objectives in connection with the discharge of the GMCA’s functions as a fire and rescue authority, as required to be set out in the local risk plan. Mayor to notify Police, Fire and Crime Panel of proposed allocation of budget for fire and rescue functions 5C 1 The Mayor must, in each financial year, notify the Police, Fire and Crime Panel of the Mayor’s proposed allocation of the draft budget for fire and rescue functions in relation to the following financial year (“proposed allocation of budget”). 2 The notification described in paragraph (1) must be given before the date on which the GMCA determines whether to approve the Mayor’s annual budget in relation to the following financial year, and the Police, Fire and Crime Panel must have a reasonable amount of time to review the proposed allocation of budget before the GMCA makes its determination. Police, Fire and Crime Panel to review proposed allocation of budget for fire and rescue functions 5D 1 The Police, Fire and Crime Panel must review any proposed allocation of budget notified to it under article 5C. 2 The Police, Fire and Crime Panel must make a report to the Mayor in relation to the proposed allocation of budget. 3 Where the Police, Fire and Crime Panel makes a report described in paragraph (2), the Mayor must— a have regard to the report and to any recommendations made in it; b provide the Police, Fire and Crime Panel with a response to the report and any recommendations made in it; and c publish the response in such manner as is required by the Police, Fire and Crime Panel. Fire and rescue functions excluded from the power to make arrangements 6 1 This article applies to the fire and rescue functions specified in the following paragraphs of this article. 2 This paragraph applies to the fire and rescue functions which are specified in the following provisions of the FRS Act 2004— a section 13 (reinforcement schemes); b section 15 (arrangements with other employers of fire-fighters); and c section 16 (arrangements for discharge of functions by others). 3 This paragraph applies to the function of— a appointing, suspending, or dismissing, the chief fire officer; b approving the terms of appointment of the chief fire officer ; and c holding the chief fire officer to account for managing the fire and rescue service. 4 This paragraph applies to the function of approving— a the local risk plan; and b the fire and rescue declaration. 5 This paragraph applies to the function of approving plans, modifications to plans and additions to plans for the purpose of ensuring that— a so far as is reasonably practicable, the GMCA is able to continue to perform its fire and rescue functions if an emergency occurs; and b the GMCA 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. 6 This paragraph applies to the function of approving any arrangements for the co-operation of the GMCA in relation to its fire and rescue functions and other general Category 1 responders and general Category 2 responders in respect of the performance of the GMCA’s duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004 and any duties under regulations made in exercise of powers under that Act. 7 In paragraphs (5) and (6) “emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 for Part 1 of that Act. Transitional arrangements and asset transfers Transfer of property, rights and liabilities 7 1 All property, rights and liabilities (including rights and liabilities in relation to contracts of employment) which immediately before 8th May 2017 were property, rights and liabilities of the GMFRA are to transfer to, and by virtue of this paragraph vest in, the GMCA on 8th May 2017. 2 In relation to the property, rights and liabilities transferred by paragraph (1) and any property, rights and liabilities acquired in connection with the GMCA’s fire and rescue functions on or after 8th May 2017— a all functions in relation to such property, rights and liabilities are to be exercised by the Mayor; b all decisions relating to such property, rights and liabilities are to be made by the Mayor. 3 Subject to article 6, nothing in paragraph (2) prevents the Mayor from making arrangements under section 107D(3) of the LDEDC Act 2009 in relation to the matters mentioned in paragraph (2). Secondments 8 In the case of a person who, immediately before 8th May 2017 is seconded to the GMFRA, the secondment is to have effect, after that time, as a secondment to the GMCA. Continuity 9 1 The abolition of the GMFRA, the transfer or abolition of the GMFRA’s functions, and the transfer of the GMFRA’s property, rights and liabilities, do not affect the validity of anything done before the abolition or transfer. 2 Paragraphs (3) to (5) apply where any functions, property, rights or liabilities are transferred by this Order from the GMFRA to the GMCA. 3 There may be continued by or in relation to the GMCA anything (including legal proceedings) which— a relates to any of the functions, property, rights or liabilities transferred; and b is in the process of being done by or in relation to the GMFRA immediately before 8th May 2017. 4 Anything which— a was made or done by or in relation to the GMFRA for the purposes of, or otherwise in connection with, any of the functions, property, rights or liabilities transferred; and b is in effect immediately before 8th May 2017; has effect as if made or done by or in relation to the GMCA. 5 The GMCA is to be substituted for the GMFRA in any instruments, contracts or legal proceedings which— a relate to any of the functions, property, rights or liabilities transferred; and b are made or commenced before 8th May 2017. 6 In this paragraph a reference to the transfer of a function includes a reference to the abolition of the function and the conferral of a corresponding function on another person. Transfers: supplementary provision 10 1 All property, rights and liabilities transferred by this Order are to be transferred by that transfer, notwithstanding that they may be or include— a property, rights and liabilities that would not otherwise be capable of being transferred; or b rights and liabilities under enactments. 2 No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property is to operate or become exercisable as a result of any transfer of land or other property by virtue of this Order (whether or not any consent required to the transfer has been obtained). 3 No right to terminate or vary a contract or instrument is to operate or become exercisable, and no provision of a contract or relevant document, is to operate or become exercisable or be contravened, by reason of the transfer made by this Order. 4 Paragraphs (1) to (3) above have effect in relation to— a the grant or creation of an estate or interest in, or right over, any land or other property; or b the doing of any other thing in relation to land or other property, as they have effect in relation to the transfer made by this Order of land or other property. 5 In this article, “relevant document” means— a any enactment, other than an enactment contained in the LDEDC Act 2009; b any subordinate legislation made otherwise than under that Act; or c any deed or other instrument. Extension of financial year of Greater Manchester Fire and Rescue Authority 11 1 The requirement in section 3(3) of the Local Audit and Accountability Act 2014 for a relevant authority to prepare a statement of accounts for each financial year ending on 31st March is modified in the case of the GMFRA for the financial year which began on 1st April 2016 to require that authority or, after the transfer made by this Order, the GMCA in respect of the GMFRA’s accounts, to prepare a statement of accounts from that date for the period which ends on 7th May 2017. 2 The requirement in regulation 15(1)(a) of the Accounts and Audit Regulations 2015 (commencement of the period for the exercise of public rights)(“AA Regulations 2015”) is modified in the case of the GMFRA for the financial year which began on 1st April 2016 to require the responsible financial officer of the GMCA to ensure that the commencement of the period for the exercise of public rights under regulation 9(1)(b) of the AA Regulations 2015 takes place on such a day that ensures that the period referred to in regulation 14(1) of the AA Regulations 2015 includes the 24th July to 4th August 2017. 3 In this article “responsible financial officer” has the same meaning as in the AA Regulations 2015 (see regulation 2(2)). Amendment of the Fire and Rescue Services Act 2004 12 In section 1 of the FRS 2004 Act , after subsection (4) insert— 5 This section is also subject to an order under Part 6 of the Local Democracy, Economic Development and Construction Act 2009 which transfers the functions of a fire and rescue authority to a combined authority established under section 103 of that Act. . Amendment of the Redundancy Payments (Continuity of Employment in Local Government, etc )(Modification) Order 1999 13 In Section 6 (police, fire and civil defence) of Schedule 1 (employment to which this Order applies: employers immediately before the relevant event) to the Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999 , after paragraph 1A insert— 1B A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 which is a fire and rescue authority for the purposes of the Fire and Rescue Services Act 2004 in relation to persons deployed wholly or partly in relation to the combined authority’s fire and rescue functions. . Schedule 2 14 Schedule 2 makes modifications of enactments in their application to the GMCA as a fire and rescue authority. Brandon Lewis Minister of State Home Office 24th March 2017