Local Government, England Citation and commencement 1 This Order may be cited as the Greater Manchester Combined Authority (Fire and Rescue Functions) (Amendment) Order 2020 and comes into force on the day after the day on which it is made. Amendment of the Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017 2 The Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017 is amended as set out in articles 3 to 10. Amendment of article 2 3 In article 2 (interpretation)— a after the definition of “the LDEDC Act 2009” insert— “the PRSR Act 2011” means the Police Reform and Social Responsibility Act 2011 ; ; b after the definition of “the Area” insert— “the chief fire officer” means the person with responsibility for managing the fire and rescue service; ; c after the definition of “constituent councils” insert— “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; ; d at the end insert— ; “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) . Amendment of article 5 4 In article 5 (arrangements for exercise of fire and rescue functions), after paragraph (1) insert— 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. . Insertion of articles 5A to 5D 5 After article 5 insert— 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. . Amendment of article 6 6 In article 6 (fire and rescue functions excluded from the power to make arrangements)— a for paragraph (3)(a) substitute— a appointing, suspending, or dismissing, the chief fire officer; , b in paragraph (3)(b) and (c), for “that person” in both places it appears substitute “the chief fire officer”. Amendment of the heading to article 14 7 For the heading to article 14 substitute “Schedule 2”. Amendment of article 14 8 In article 14 for “The Schedule” substitute “Schedule 2”. Insertion of Schedule 1 9 Before Schedule 2 (as renumbered), insert— SCHEDULE 1 Modification of enactments in their application to the GMCA as fire and rescue authority: oversight functions of the Police, Fire and Crime Panel Article 5A PART 1 Primary legislation Local Government Finance Act 1988 1 1 The Local Government Finance Act 1988 is modified as follows. 2 Section 114 (functions of responsible officer as regards reports) applies, in any case where the report prepared under subsection (2) or (3) of that section relates to the fire and rescue functions of the GMCA, as if subsection (4) included a requirement to provide a copy of the report to each member of the Police, Fire and Crime Panel. 3 Section 115 (authority’s duties as regards reports) applies, in any case where a report prepared by the Mayor of the GMCA under subsection (1E) of that section relates to the fire and rescue functions of the GMCA, as if it included a requirement to provide a copy of the report to each member of the Police, Fire and Crime Panel. Local Government and Housing Act 1989 2 1 The Local Government and Housing Act 1989 is modified as follows. 2 Section 4 (designation and reports of head of paid service) applies, in any case where the report prepared under subsection (2) of that section relates to the fire and rescue functions of the GMCA, as if subsection (4) included a requirement to provide a copy of the report to the Police, Fire and Crime Panel. 3 Section 5 (designation and reports of monitoring officer) applies, in any case where the report prepared under that section relates to the fire and rescue functions of the GMCA, as if subsection (3)(b) included a requirement to provide a copy of the report to the Police, Fire and Crime Panel. Fire and Rescue Services Act 2004 3 Section 28 (inspectors) of the FRS Act 2004 applies as if for subsections (A6) to (A8) there were substituted— A6 When carrying out an inspection under subsection (A3) of the Greater Manchester Combined Authority as fire and rescue authority, an English inspector must not review or scrutinise decisions made, or other action taken, by the fire and rescue authority in connection with the discharge of an excluded function. A7 For the purposes of subsection (A6), the following are excluded functions— a the function of preparing the priorities and objectives of the local risk plan and the fire and rescue declaration; b the function of allocating budget for fire and rescue functions; c any function specified in article 26 of the Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017 . A8 In subsection (A7), “local risk plan” has the meaning given in article 2 of the Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017. . Local Democracy, Economic Development and Construction Act 2009 4 Paragraph 1(3) of Schedule 5A to the Local Democracy, Economic Development and Construction Act 2009 applies as if, at the end of each of paragraphs (a) and (b), there were inserted “other than fire and rescue functions of the Greater Manchester Combined Authority in respect of which the police and crime panel has oversight functions”. Police Reform and Social Responsibility Act 2011 5 1 The PRSR Act 2011 is modified as follows. 2 Section 12(2) to (5) (annual reports) applies as if— a references to an elected local policing body in subsections (2) and (4) were references to the GMCA as fire and rescue authority; b the reference to the elected local policing body in subsection (3) were to the Mayor; c references to an annual report were to a fire and rescue declaration; d reference to the relevant police and crime panel (within the meaning of that Act) were to the Police, Fire and Crime Panel. 3 Section 13 (information for police and crime panels) applies as if— a references to an elected local policing body were to the GMCA as fire and rescue authority; b references to the relevant police and crime panel (within the meaning of that Act) were to the Police, Fire and Crime Panel. 4 Section 17(2), (3) and (4) (duties when carrying out functions) applies as if— a in subsection (2)— i the reference to an elected local policing body were to the GMCA as fire and rescue authority; ii the reference to the relevant police and crime panel (within the meaning of that Act) were to the Police, Fire and Crime Panel; iii the reference to any report or recommendations made by the panel on the annual report for the previous financial year were to any report or recommendations made by the Police, Fire and Crime Panel for the previous financial year with respect to the fire and rescue declaration; b in subsection (3) and (4), references to an elected local policing body were to the GMCA as fire and rescue authority. 5 Section 28 (police and crime panels outside London) applies as if— a subsection (1) were omitted; b references to— i a police and crime panel (within the meaning of that Act); ii a police and crime panel for a police area; or iii the police and crime panel for a police area in England, were to the Police, Fire and Crime Panel; c after subsection (1), there were inserted— 1C Subsection (1D) applies if the person who is the mayor for a police area also exercises for that area— a the functions of a police and crime commissioner, and b fire and rescue functions. 1D The police and crime panel for the police area is to be known as “the Police, Fire and Crime Panel”. ; d in subsection (2), the reference to the functions of the police and crime commissioner for that police area were to the fire and rescue functions of the GMCA; e for subsection (3) there were substituted— 3 The Police, Fire and Crime Panel must— a review any draft priorities and objectives, or the draft variation of the priorities and objectives, given to the panel by the Mayor in accordance with article 5B of the Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017, and b make a report or recommendations to the Mayor on the draft priorities and objectives, or the draft variation of the priorities and objectives. 3A For the purposes of subsection (3)— a “priorities and objectives” means the Greater Manchester Combined Authority’s priorities and objectives in connection with the discharge of that authority’s functions as a fire and rescue authority, as required to be set out in that authority’s local risk plan, and b “local risk plan” has the meaning given in article 2 of the Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017. ; f in subsection (4)— i references to an annual report were to a fire and rescue declaration; ii references to the police and crime commissioner were to the Mayor; g subsection (5) were omitted; h in subsection (6)— i for paragraph (a) there were substituted a review or scrutinise decisions made, or other action taken, by the Greater Manchester Combined Authority, the Mayor or the deputy mayor for policing and crime of the Greater Manchester Combined Authority, or any other person in the exercise of fire and rescue functions pursuant to arrangements made under section 107D(3) of the Act in connection with the discharge of those fire and rescue functions, ; ii in paragraph (b), references to the relevant police and crime commissioner were to whichever of the Greater Manchester Combined Authority, the Mayor, and the deputy mayor for policing and crime of the Greater Manchester Combined Authority exercises fire and rescue functions; iii in the words following paragraph (b), “or by Schedule 1, 5 or 8” were omitted; i in subsection (7), references to the relevant police and crime commissioner were to whichever of the Greater Manchester Combined Authority, the Mayor, and the deputy mayor for policing and crime exercises fire and rescue functions; j in subsection (8), reference to the police area were to the Area; k subsection (10) were omitted. 6 Section 29 (power to require attendance and information) applies as if the modifications made by paragraph 24 of Schedule 1 to the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 did not apply, and as if— a for subsection (1) there were substituted— 1 The Police, Fire and Crime Panel of the Greater Manchester Combined Authority (“the GMCA”) may require the following to attend before it (at reasonable notice) to answer any question which appears to the Police, Fire and Crime Panel to be necessary in order for it to carry out its oversight functions— a the Mayor of the GMCA, b the deputy mayor for policing and crime for the GMCA, c staff of the GMCA deployed wholly or partly in relation to the GMCA’s fire and rescue functions, d any member of the GMCA who exercises fire and rescue functions by virtue of arrangements made under section 107D(3) of the Local Democracy, Economic Development and Construction Act 2009. ; b for subsection (2) there were substituted— 2 Nothing in subsection (1) requires a person mentioned paragraphs (a) to (d) of that subsection to give any evidence, or produce any document, which discloses advice given by them to any other person mentioned in paragraphs (a), (b) or (d). ; c in subsection (3)— i references to a police and crime panel (within the meaning of that Act) were to the Police, Fire and Crime Panel; ii references to the relevant police and crime commissioner were to the Mayor; d for subsections (4) and (5) there were substituted— 4 A person mentioned in paragraph (a), (b), (c) or (d) of subsection (1) must comply with any requirement imposed on them in accordance with subsection (1) or (3). ; e in subsection (6)— i references to a police and crime panel were to the Police, Fire and Crime Panel; ii reference to the relevant police and crime commissioner were to the Mayor or the deputy mayor for policing and crime; iii reference to the relevant chief constable were to the chief fire officer for the Area. 7 In Schedule 1, paragraph 9 (scrutiny of senior appointments) applies as if the modification made by paragraph 32(e) of Schedule 1 to the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 did not apply, and as if— a references to the police and crime commissioner were to the Mayor; b references to the police and crime panel, or to the relevant police and crime panel, were to the Police, Fire and Crime Panel; c the reference to criteria in sub-paragraph (2)(b) included criteria relevant to the exercise, by the candidate, of fire and rescue functions. 8 In Schedule 6— a paragraph 4(6) (membership and status) applies as if the reference to functions included functions conferred by, or by virtue of, this Order; b paragraph 27 (special functions) applies as if the special functions mentioned in sub-paragraph (2) of that paragraph included the following functions conferred on the Police, Fire and Crime Panel by, or by virtue of, this Order— i scrutiny of the priorities and objectives of the local risk plan; ii scrutiny of the fire and rescue declaration; iii scrutiny of the allocation of budget; iv scrutiny of the appointment of a chief fire officer; c in paragraph 32A (duty to produce panel with fire and rescue expertise), sub-paragraphs (2) to (4) apply in relation to the Police, Fire and Crime Panel. PART 2 Secondary legislation Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017 6 1 Articles 3 to 23 of the Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017 apply as if— a references to “the Authority”, other than the reference in article 21(3)(c), were to the Mayor in the exercise of the fire and rescue functions; b references to the police and crime panel (within the meaning of that Order) were to the Police, Fire and Crime Panel; c in article 6(8) (panel to review and report on proposed appointment of chief fire officer)— i in sub-paragraph (a) for “ordinary election of a police and crime commissioner under section 50 of the Police Reform and Social Responsibility Act 2011” there were substituted “election for the return of the Mayor”; ii in sub-paragraph (b), for “police and crime commissioner” there were substituted “Mayor”, and for “that Act” there were substituted “the Police Reform and Social Responsibility Act 2011”; d in article 21(3)(c) (response to representations regarding proposal to dismiss chief fire officer) the reference to the head of the Authority’s paid service were reference to the GMCA’s head of paid service. . Amendment of the heading to Schedule 2 10 In the heading to the existing Schedule for “SCHEDULE” substitute “SCHEDULE 2”. Greenhalgh of Fulham Minister of State Home Office 25th June 2020