Part 1: Emergency Services Collaboration Chapter 2: Police and Crime Commissioners: Fire and Rescue Functions Schedule 1: Provision for police and crime commissioner to be fire and rescue authority
Paragraphs 1 to13 amend the 2004 Act to provide for PCCs to become the FRA for an area, by in particular inserting new sections 4A to 4M and new Schedules A1 and A2 into that Act.
	The Government does not intend to mandate the transfer of fire and rescue services to PCCs; rather PCCs will be enabled to seek responsibility for their local FRA where a local case is made. Given this approach, it is necessary to confer on the Secretary of State delegated powers to give effect to changes in the governance arrangements in a particular area, where a local proposal is made by the PCC. New section 4A confers a power for the Secretary of State to make an order creating a new FRA and making the PCC for the police area covered by the order that FRA (a "PCC-style FRA"). This preserves the distinct legal identity of the fire and rescue service by creating the PCC-style FRA as a separate corporation sole, rather than transferring the fire and rescue functions to the PCC. It also has the effect that existing references in legislation to PCCs do not apply to PCCs in relation to their fire functions. Existing plain references to FRAs will, however, apply to a PCC-style FRA.
	New section 4A(5) provides that the Secretary of State can only make an order creating a PCC-style FRA if it appears to her that the PCC’s proposal would be in the interests of either a) economy, efficiency and effectiveness, or b) public safety. This process follows the existing legislative provisions for the merger of FRAs. The test of economy, efficiency and effectiveness applies not just to the transferring FRA but to the wider impact of the proposed transfer. It is expected that the PCC's local business case will take into account transition costs, the impact on existing collaborations and, where the FRA is a county-FRA, the impact on wider council functions. New section 4A(6) further provides that the Secretary of State cannot make an order on the grounds of economy, efficiency and effectiveness if it would have an adverse impact public safety. The Secretary of State could make an order on the basis of public safety alone (including where it might have a negative impact on efficiency, effectiveness or economy) where such a transfer were necessary; for example, in the case of a failing authority.
	In order to take on responsibility for the governance of fire and rescue, new section 4A(2) requires that the PCC’s police area must be coterminous with the area of the FRA proposed to be created by the order or, where a PCC takes on more than one FRA within their area, the PCC’s police area must be the same as the areas of those FRAs when taken together. This is to ensure that there is no disparity in the PCC’s mandate across the police and fire and rescue areas. For example, a PCC could not be responsible for the exercise of fire functions outside of the area for which he or she was elected. Equally, a PCC could not be responsible for fire functions in only part of the area for which he or she was elected. So long as they are coterminous when taken together, a PCC could seek to take on more than one FRA as separate corporations sole, or they could propose that the FRAs merge; this is a matter for local determination as part of the business case process. Where the PCC’s police area and the area of the FRA (or FRAs when taken together) that the PCC proposes to take responsibility for do not align, it would be for local areas to consider how boundaries should be changed before a PCC can take on responsibility for fire and rescue. New section 4B provides for changes to FRA boundaries to be included in an order under section 4A creating a new PCC-type FRA. This includes provision for mergers and de-mergers of FRAs (including PCC-style FRAs) as appropriate. Where a proposal would involve a change to police boundaries, the relevant PCCs would need to bring forward proposals under the procedure in sections 32 to 34 of the 1996 Act.
	New section 4C enables the Secretary of State to make schemes transferring property, rights and liabilities from an existing FRA to the new PCC-style FRA. Such transfer schemes could include things such as buildings, debt and any criminal cases that involve the existing FRA. Where criminal liabilities are transferred, these would fall to the office of PCC, not the person occupying that post. New section 4C(6) clarifies that the powers to make transfer schemes also include the transfer of staff from the existing FRA to the new PCC-style FRA. These provisions ensure continuity by providing that the transfer scheme can make provision for things done by the previous FRA to remain in effect following the transfer. For example, if the existing FRA was party to an agreement, that agreement could continue to have effect in relation to the new PCC-style FRA.
	New section 4D makes further provision about PCC-style FRAs. New section 4D(1) to (3) provides for a PCC to be paid allowances in his or her capacity as an FRA. PCC salaries are a matter for the Senior Salaries Review Board, which will consider any additional functions performed by a PCC when determining his or her salary (see the amendment to paragraph 2 of Schedule 1 to the 2011 Act made by paragraph 91 of Schedule 1 to this Act). New section 4D(4) to (7) makes provisions about the staff of PCC-style FRAs. PCCs must appoint a chief finance officer for the proper administration of the FRA’s financial affairs. The provisions make this a statutory post, but there is nothing legislatively preventing the PCC from appointing the same individual to be the chief finance officer for both the police and fire functions, or preventing a PCC-style FRA and chief constable sharing a chief finance officer – this is a matter for local determination taking any potential conflicts of interest into account. PCCs will also be able to appoint such other staff as appropriate to allow them to exercise their fire functions. Amendments to the Local Government and Housing Act 1989 ( see paragraphs 62 and 63 of Schedule 1 to this Act), require the PCC-style FRA to have a Head of Paid Service and monitoring officer in the same way as a PCC does in relation to his or her police functions. Again, there would be nothing legislatively preventing the PCC from appointing the same individual for both his or her police and fire functions, but consideration would need to be given to any potential conflicts of interest. New section 4D also provides powers to enable PCC-style FRAs to pay remuneration, gratuities, allowances and pay pensions to their staff.
	When a PCC takes responsibility for fire and rescue, the order made by the Secretary of State, in practice the Home Secretary, may contain provision about the delegation of fire and rescue functions by the PCC. New section 4D(10) provides that this delegation could include provisions enabling the PCC to delegate FRA functions to his or her deputy PCC and for the deputy PCC to in turn delegate those functions to a member of staff working for the new FRA or a member of the PCC's staff. There is no provision for the PCC to appoint an additional deputy PCC for fire. The order may also make provisions for the PCC to directly delegate the functions to an employee of the new FRA or of the PCC's staff. It is expected that, under the governance model, the PCC would make arrangements to delegate the majority of the operational functions of the FRA to the chief fire officer. The position of chief fire officer is not set out within legislation.
	New section 4D(13) clarifies that the provision made by the Secretary of State as part of the order creating the PCC-style FRA can include provision for which functions of the FRA can or cannot be delegated. For example, this may make provision for the functions of the FRA that may only be performed by the PCC.
	New section 4E provides that PCC-style FRAs will be required to establish and maintain a fire fund, mirroring the existing arrangements for PCCs in relation to their police fund (see section 21 of the 2011 Act). All receipts and expenditure of the FRA must be paid into and out of that fire fund, and accounts of payments made into and out of the fund must be kept. New style PCC-style FRAs will be funded through the local government finance settlement in the same way as an existing FRA and will receive revenue support grant and funding through business rate retention. To ensure that they will also receive other forms of central grant funding, an amendment is made to section 33 of the Local Government Act 2003 by paragraph 83(3) of Schedule 1 to this Act. Paragraph 71 of Schedule 1 amends the Local Government Finance Act 1992 to make a PCC-style FRA a major precepting authority. The effect of these provisions is that the police and fire precepts will be paid to the PCC separately and will form two separate budgets in order to provide clarity and transparency in funding.
	New section 4F places a duty on PCC-style FRAs to exercise their functions efficiently and effectively. This approach follows the PCC model set out in the 2011 Act and so PCC-style FRAs will not be best-value authorities under the Local Government Act 1999.
	Whoever is for the time being the PCC will be the PCC-style FRA and their terms of office will be coterminous. New section 4F(3) to (5) confirm that an acting commissioner is able to exercise the functions and duties of a PCC-style FRA as if he or she was the PCC. New section 4F(6) and (7) provide that should a PCC be disqualified from office, any acts he or she had undertaken whilst a PCC-style FRA would still be valid, in the same way as he or she would do in relation to his or her policing functions. For example, if the PCC had entered into an agreement with a local partner, the agreement would still be valid even if the PCC was disqualified from his or her post.
	New section 4G makes provision for the transition of functions and duties from existing FRAs to new PCC-style FRAs. It enables provision to be made by the Secretary of State under the order creating the PCC-style FRA for a PCC to be a shadow authority, so that the PCC can exercise preparatory functions in the lead up to assuming full responsibility for FRA functions in an area. This could include the setting of a fire precept for the area. New section 4G(3) clarifies that that shadow authority can only be the PCC who will take on the functions of the FRA. Where there is more than one relevant PCC (for the purposes of making the case to the Secretary of State for the transfer), the shadow authority will be the PCC who is to become the FRA. New section 4G(6) and (7) also enable the Secretary of State to make provision about council tax equalisation as part of the order creating the new PCC-style FRA, where the PCC’s proposal involves the merger of two or more FRA areas.
	New section 4H enables PCCs that take on responsibility for the fire and rescue service(s) in their area to take an additional step to put in place the 'single employer' model. Under this model, the PCC is able to delegate fire and rescue functions to a chief constable, who would employ both police and fire personnel. That chief constable may be operationally known as the 'Chief Officer'.
	As for the governance model, these provisions are locally enabling. The PCC will be able to make a local case requesting that the Home Secretary makes an order implementing the model where it is in the interests of economy, efficiency and effectiveness, or public safety. Given this approach, it is necessary to confer on the Secretary of State delegated powers to give effect to changes to the exercise of fire and rescue functions, where a local proposal is made by the PCC. New section 4H(1) to (3) enables the Secretary of State to make provision, by order, for the delegation of fire and rescue functions to the chief constable of the PCC’s police area, and for the chief constable to further delegate those functions to both police and fire and rescue personnel. Such personnel will include members of the police force, the civilian staff of the police force, members of fire and rescue staff appointed by the chief constable and any staff transferred to the chief constable from the existing FRA or the PCC-style FRA under a transfer scheme made under new section 4I. The sub-delegation of functions by the chief constable to their police and fire personnel is subject to existing legal restrictions. New section 4H(9) provides that section 37 of the 2004 Act, which restricts the employment of police in fire-fighting will continue to apply under the single employer model. Equally, the warranted powers of police officers cannot be delegated to fire personnel - the amendments made to section 38 of the 2002 Act by section 38 of this Act make clear that the powers and duties of a constable specified in Part 1 of new Schedule 3B to the 2002 Act can only be exercised by a constable - these include the power or duty to make an arrest. This maintains the operational distinction between policing and fire.
	New section 4H(2) provides that the order made by the Secretary of State can determine which functions of the FRA can or cannot be delegated by the PCC to the chief constable and can or cannot be sub-delegated by the chief constable to their fire or police personnel. This might include provision for functions that can only be performed by the PCC as FRA.
	New section 4H(5) provides that the same tests of efficiency, effectiveness and economy or public safety apply to a PCC's business case for the single employer model as apply to a business case for the governance model. The Secretary of State can only give effect to a request for the single employer model if either of these tests have been met. New section 4H(6) further provides that the Secretary of State may not make an order implementing the single employer model on the grounds of efficiency, effectiveness or economy if it would have an adverse impact on public safety.
	A PCC can implement the single employer model at the same time as he or she takes on responsibility for the governance of fire and rescue, in which case the Secretary of State can combine an order under section 4H with an order under section 4A creating a PCC-style FRA. Alternatively, a PCC can implement the single employer model subsequently. New section 4H(7) provides for new Schedule A1 to apply in relation to an order implementing the single employer model that is made subsequent to a new PCC-type FRA being created.
	Under the single employer model, the chief constable of the PCC’s police area will employ police and fire personnel for the purposes of exercising their police and fire functions. New section 4I provides for the transfer of property, rights, liabilities and personnel to the chief constable under the single employer model and makes additional provisions regarding personnel, including the ability for the chief constable to appoint, remunerate and pay pensions to fire and rescue staff.
	New section 4I(1) enables the Secretary of State to make a transfer scheme which transfers property, rights and liabilities from an FRA to the chief constable for the PCC’s police area if FRA functions have been delegated to that chief constable constable or from that chief constable back to the PCC-style FRA. Such transfer schemes could include personnel and the personnel that transfer will be dependent on the functions that are proposed to be delegated by the PCC to the chief constable. New section 4I(2) makes clear that the transfer may be made from a PCC-style FRA to the chief constable or directly from the previous FRA to the chief constable where the PCC’s proposal is to implement the single employer model at the same time as he or she takes on governance of the FRA.
	New section 4I(7) provides that, subject to new section 4I(8) to (10), a person cannot be jointly appointed by the chief constable as a member of fire and rescue staff and of the police force. This does not prevent a member of police personnel being delegated fire functions and vice versa, subject to existing legal restrictions – for example, a fire-fighter could not be given any of the core powers that only warranted police officers can hold, such as the power of arrest and section 37 of the 2004 Act prevents a police officer from exercising fire-fighting functions.
	New section 4I(8) provides that where a chief constable is delegated fire and rescue functions by a PCC under the single employer model, the police force’s chief finance officer will be responsible for the proper administration of both police and fire and rescue financial affairs. Given this dual function, new section 4I(9) clarifies that the provisions of new section 4I(7) preventing a person from being appointed jointly in relation to both police and fire functions does not apply to finance officers.
	New section 4J applies where fire and rescue functions have been delegated to the chief constable under the single employer model and makes provision for the respective accountabilities of the PCC and chief constable when discharging these functions. New section 4J(2) and (3) place a duty on the chief constable to whom fire and rescue functions have been delegated to ensure that they, and those to whom they have delegated fire and rescue functions, secure good value for money in the exercise of their functions. This provision replicates the chief constable’s existing duty to secure value for money in relation to their police functions. New section 4J(4) requires PCC-style FRAs to ensure that the fire and rescue functions that are delegated to the chief constable are exercised efficiently and effectively whether exercised by the chief constable, members of their police force, civilian police staff or fire staff and new section 4J(5) further requires the PCC to hold the chief constable to account for the exercise of their functions. This approach follows the PCC model set out in the 2011 Act. Chief constables exercising fire and rescue functions and PCC-style FRAs will not therefore be best value authorities under the Local Government Act 1999.
	New section 4K makes provisions in relation to complaints and conduct matters. Where an order is made under new section 4H to provide for the "single employer" model, it is intended that the complaints procedures for police officers and police staff should, so far as possible, also apply to fire and rescue staff in the same way as they apply to police force personnel. New section 4K(1) confers a power on the Secretary of State, by order (subject to the affirmative procedure), to amend Part 2 of the 2002 Act as a consequence of an order being made under new section 4H. Such consequential amendments might include, for example, broadening the definition of 'serious injury' in section 29(1) of the 2002 Act to reflect the differing nature of a 'serious injury' when police officers and staff undertake a FRA-related function.
	New section 4K(2) enables the Secretary of State by order (subject to the negative procedure) to make provision for the handling of complaints about fire and rescue service authority staff so that the approach broadly mirrors, with any necessary modifications, that of the complaints procedure for police officers and police staff under Part 2 of the 2002 Act. This applies to staff transferred to a chief constable under a scheme made under new section 4I(1) or members of staff appointed by a chief constable under new section 4I(4).
	New section 4K(4) enables the Secretary of State by order (subject to the affirmative procedure) to make any necessary amendments to Part 2 of the 2002 Act as a consequence of an order made under new section 4K(2). Such amendments might include an extension to the IPCC’s functions under section 10 of the 2002 Act and an expansion of the list of persons to whom the IPCC must send its annual report (section 11(6) of that Act).
	Before exercising these powers, the Secretary of State must consult the Police Advisory Board, the IPCC, persons considered by the Secretary of State to represent the views of PCCs and FRAs, and other persons considered appropriate (new section 4K(5)).
	New section 4L enables the Secretary of State to make further provisions applying legislation that relates to FRAs (with or without modifications) or to make new provisions that are corresponding or similar to any existing legislation relating to FRAs to those persons listed in new section 4L(2) - that is a chief constable to whom functions have been delegated under a section 4H order, members of their police force or the chief constables police or fire staff.
	New section 4M enables the Secretary of State to make further provisions applying legislation that relates to PCCs (with or without modifications) or to make new provisions that are corresponding or similar to existing PCC legislation to a PCC-style FRA. Sections 4L and 4M together ensure that any necessary consequential provisions can be made when the Secretary of State makes an order creating a PCC-style FRA under section 4A or provides for the single employer model under section 4H.
	Paragraph 7 amends section 5A of the 2004 Act to make PCC-style FRAs a relevant authority for the purposes of section 5 of that Act. This ensures that PCC-style FRAs have the same powers of competence as existing combined and metropolitan FRAs, including powers to enter into commercial arrangements and exercise powers indirectly incidental to their functions. To ensure that PCC-style FRAs will also continue to have powers to trade and to enter into joint ventures, paragraph 83(4) makes a consequential amendment to section 95(7) of the Local Government Act 2003. PCC-style FRAs will also by virtue of the amendment in section 23 of the Local Government Act 2003 have powers to borrow under section 1 of the Local Government Act 2003.
	To ensure that opportunities for collaboration between police and fire are being fully explored at a local level, paragraph 10 of Schedule 1 inserts new section 25A into the 2004 Act and provides that a PCC-style FRA must have regard to the priorities of the PCC's police and crime plan (see section 7 of the 2011 Act). An equivalent amendment to the 2011 Act at paragraph 88 ensures that the PCC has a reciprocal duty to have regard to the FRA's fire and rescue plan and the Fire and Rescue National Framework when exercising their PCC functions. New section 5(5C) of the 2011 Act makes clear that a PCC, in their capacity as both PCC and FRA, may issue a joint police and fire and rescue plan to discharge both statutory duties simultaneously – this would be a matter for local determination.
	Paragraph 11 amends section 34 of the 2004 Act, which makes provision for pensions. It ensures that existing references to those who are employed or have been employed by an FRA includes those who are transferred to or appointed by a chief constable under the single employer model. Since a chief constable to whom fire and rescue functions have been delegated under the single employer model will not be an FRA, the amendments to section 34 also provide that the references to an FRA in this section are to be treated as if they did refer to a chief constable.
	To clarify the restrictions on the employment of members of a police force for the purposes of fire and rescue functions, paragraph 12 substitutes a new section 37 of the 2004 Act. New section 37(1) prohibits a police officer from being employed by an FRA or a chief constable who has been delegated FRA functions to extinguish a fire or to protect life and property in the event of a fire. This preserves the operational distinction between police and fire. However, since a chief constable to whom fire and rescue functions have been delegated under the single employer model is also a member of a police force, new section 37(2) ensures that such a chief constable or a deputy chief constable to whom functions might be delegated is not restricted by new section 37(1) in exercising all functions of the FRA, including those in section 7 of the 2004 Act in relation to making provision for extinguishing fires and protecting life and property in the event of fire. This is to ensure the chief constable and his or her deputy can exercise strategic management of all fire functions.
	Paragraph 13 inserts new Schedules A1 and A2 into the 2004 Act.
	New Schedule A1 sets out the process by which a PCC can make a proposal to take on responsibility for fire and rescue in his or her local area. The Government does not intend to mandate the transfer of fire and rescue functions to PCCs - instead these measures are locally enabling and the Secretary of State will only make an order where a local case has been made. Paragraph 1 of new Schedule A1 sets out that the PCC’s proposal must contain an assessment of why it is in the interests of economy, efficiency and effectiveness or public safety for them to take on the governance of fire and rescue. Additionally, if the PCC’s proposal includes a request to implement the single employer model, the PCC must set out their reasons for proposing this model, including why it would be in the interests of economy, efficiency and effectiveness or public safety.
	Where a PCC is interested in taking on governance of the fire and rescues service, they will work with the relevant fire and rescue authorities in their area to prepare their local case. Paragraph 2(1) of new Schedule A1 requires the relevant FRA(s) to cooperate with the PCC and to provide any information that the PCC might reasonably require. Such information could include details on FRA budgets, spending commitments, liabilities and assets etc. Paragraph 2(3) provides that an FRA is not required to provide information if it would breach any restrictions on the disclosure of information, for example commercial confidentiality. Paragraph 2(4) clarifies that where a PCC has taken responsibility for two or more FRAs (which taken together are coterminous with their police area) and subsequently makes a request to the Secretary of State to merge these FRAs the duty to cooperate and to share information would not apply as this would be imposing a duty on the PCC to cooperate with themselves.
	The Government will only enable police and fire functions to be brought together under a PCC where there is a strong local case to do so. Paragraph 3(1)(a) of new Schedule A1 requires the PCC to consult each of the upper tier local authorities in their area on their proposal (or a combined authority where it is exercising the fire and rescue functions), before they submit it to the Secretary of State. This ensures that the consultation requirement captures all local authorities that operate fire and rescue committees or nominate members to combined or metropolitan fire and rescue authorities. Paragraph 3(1)(b) and (1)(c) additionally require the PCC to consult people in their police area and to consult representatives of personnel who the PCC considers may be affected by the PCC's proposal. This is to ensure the PCC has secured, and taken into account, local opinion on their proposal before making a request to the Secretary of State. Paragraph (1)(d) will also require a PCC to publish a response to the consultation he or she has undertaken in the interests of transparency. Whilst it is for the PCC to determine the manner in which to consult and to publish their consultation response, the Association of Police and Crime Commissioner Chief Executives will issue guidance on the PCC's business case process, which will cover the consultation process. Where there is more than one relevant PCC (that is, where a proposal involves boundary changes), then more than one PCC may be consulting with the people in their area. To take a hypothetical example, a proposal by the Devon and Cornwall PCC to de-merge the Devon and Somerset FRA to enable them to take on governance of fire and rescue would require the Devon and Cornwall PCC to secure the views of the people in their area on the proposal and the Avon and Somerset PCC to secure the views of the people in their area. In practice, this may be a joint consultation, although that would be a matter for local determination.
	Where there is not local agreement to a PCC’s proposal (that is, where one or more the upper tier local authorities in the area do not support the PCC’s proposal), paragraph 4(2) of new Schedule A1 provides that the PCC may still submit their proposal to the Secretary of State, but would additionally be required to provide copies of their consultation material, copies of representations made by local authorities, a summary of the views of the public in their area, a summary of the views expressed by representatives of affected personnel and the PCC’s response to those views and representations. Paragraph 4(3) provides that the Secretary of State would then be required to secure an independent assessment of the PCC’s proposal. The Secretary of State must have regard to that assessment and consider the material provided to them in accordance with paragraph 4(2) when deciding whether or not to make an order transferring responsibility for fire and rescue. Such an independent assessment may be secured from HMIC, the Chief Fire and Rescue Adviser or any other such independent person as the Secretary of State deems appropriate. In the interests of transparency, paragraph 4(4) provides that the Secretary of State must publish the independent assessment she secures of the PCC's case as soon as practicable after making a decision on whether to approve the transfer of governance. Where the Secretary of State decides to make an order after having had regard to an independent assessment in practice, the assessment would be published in advance of laying the order to afford sufficient time for relevant parties to consider its findings.
	Paragraph 5(1) of new Schedule A1 provides that the Secretary of State may give effect to the PCC’s proposals with any modifications that he or she thinks appropriate. However, before doing so, he or she must consult the PCC that made the proposal and the local authorities within the area of the FRA proposed to be created. Where a PCC has proposed to both adopt the governance model and take the additional step of implementing the single employer model by delegating fire and rescue functions to the chief constable, the Secretary of State cannot only give effect to the governance model.
	Paragraph 6 of new Schedule A1 defines a relevant PCC as a PCC whose police area contains, in whole or part, the area of the new PCC-style FRA proposed to be created. In the case of proposals that require boundary changes, there could therefore be more than one relevant PCC and it is expected that the proposal would be brought forwards jointly (paragraph 6(4)).
	Paragraph 6(3) provides that any changes to the police areas are not to be considered when determining the relevant PCC in the proposal. For example, if the proposal includes the merger of two police areas the relevant PCCs would be determined based on the existing police areas, rather than the new area created. For example, if the proposal suggested that Dorset and Wiltshire police areas should be merged to allow a PCC to take on responsibility for the Dorset and Wiltshire FRA, then both the Dorset PCC and the Wiltshire PCC would be the relevant PCCs for the purposes of bringing forwards the proposal and securing the views of those in their area.
	Paragraph 7 of new Schedule A1 provides for the application of the new Schedule in cases where a PCC is only putting forward a proposal to move to a single employer model having previously adopted the governance model. In such cases, the PCC will still be required to prepare a local case setting out why their proposal is in the interests of economy, efficiency and effectiveness or public safety and to consult locally on their proposals.
	New Schedule A2 of the 2004 Act makes provisions about the application of existing legislation which relates to PCCs to PCC-style FRAs.
	Paragraph 1 of new Schedule A2 provides for the definitions that apply within that Schedule. The effect of paragraph 1(3) is that references to the "fire and rescue plan" are to the Integration Risk Management Plan that FRAs produce in accordance with the Fire and Rescue National Framework. The effect of paragraph 1(4) is that references to a "fire and rescue statement" are to the statement of assurance that FRAs produce in accordance with the Fire and Rescue National Framework.
	PCC-style FRAs will be under the same duties as PCCs to exercise their functions transparently and to ensure that local people have a say in how their fire and rescue service is delivered. This reflects the PCC model of direct local accountability. Paragraph 2 of new Schedule A2 requires PCCs to obtain the views of the community in relation to their fire and rescue functions. This mirrors the arrangements for PCCs in relation to their policing functions. Paragraph 7 requires the PCC to have regard to these views when carrying out their fire and rescue functions. Paragraph 4 provides that the requirements to make information available to the public, as set out in section 11 of the 2011 Act, will also apply to the PCC in relation to their fire and rescue functions. The intention is to apply the Elected Local Policing Bodies (Specified Information) Order 2011(SI 2011/3050) to a PCC in their capacity as an FRA, subject to any necessary modifications.
	The role of police and crime panels will also be extended to scrutinise the exercise of the PCC’s fire and rescue functions in the same way as they scrutinise the PCC’s policing functions. Paragraph 3 of new Schedule A2 provides for scrutiny of the PCC-style FRA’s fire and rescue plan. The PCC will be required to send their draft fire and rescue plan and any variation to the police and crime panel and have regard to any reports or recommendations made by the panel in relation to this plan. The PCC will also be required to keep their fire and rescue plan under review, particularly in relation to any reports or recommendations made by the police and crime panel. To ensure opportunities for greater collaboration are being fully explored at a local level, the PCC will also be required to consult the chief constable on the fire and rescue plan under both the governance and single employer models. PCC-style FRAs will not be required to send a copy of their fire and rescue plans to the responsible authorities on community safety partnerships. Paragraphs 77 to 80 of Schedule 1 instead provide that a PCC-style FRA will be a responsible authority under section 5 of the Crime and Disorder Act 1998 for crime and disorder reduction strategies to reflect their wider community safety role.
	Paragraph 5 of new Schedule A2 provides for the scrutiny of the PCC-style FRA’s fire and rescue statement (the statement of assurance produced in accordance with the Fire and Rescue National Framework). The process will be the same as when a PCC issues an annual report, as set out in section 12 of the 2011 Act. The PCC-type FRA must send the statement to the relevant police and crime panel and attend a public meeting to present the statement and answer any questions the panel raise on the statement. They must then provide and publish a response to any report or recommendations arising from the statement. The PCC-style FRA may decide themselves how to respond to any subsequent report. There would be nothing preventing a PCC from combining their annual report on the exercise of their police functions and the statement of assurance for fire and rescue – discharging both statutory duties simultaneously – but this would be a matter for local determination.
	As set out above, paragraph 7 of new Schedule A2 requires a PCC-style FRA to have regard to the views of the people in the area in relation to their fire and rescue functions as well as the views expressed in any report or recommendations made by the police and crime panel on the PCC's annual statement of assurance. It also requires PCCs to have regard to any financial code of practice issued by the Secretary of State.
	Paragraphs 8 and 9 of new Schedule A2 provide police and crime panels with powers to scrutinise the fire and rescue functions of a PCC. Paragraph 8 requires panels to exercise their functions with a view to supporting the PCC to exercise their fire and rescue functions. Panels must also review the fire and rescue plan and make recommendations on it, scrutinise the fire and rescue statement, review or scrutinise the decisions and actions of the PCC in relation to discharge of his or her functions and make any necessary reports or recommendations. Paragraph 6 sets out the obligation on the PCC to provide the police and crime panel with any information the panel may reasonably require in order to enable them to exercise these scrutiny functions.
	Paragraph 9 of new Schedule A2 provides for the police and crime panel to require the PCC-style FRA and their staff to attend before the panel to answer any questions the panel feel necessary for it to carry out its functions. This power also requires the PCC-type FRA to respond in writing to any report or recommendations made by the panel and comply with any requirement imposed by the panel either though their attendance before the panel or in such a report. In the single employer model the attendance of the chief constable can be compelled. This arrangement is similar to that for the PCC exercising his functions in relation to policing, as set out in section 29 of the 2011 Act.
	Paragraphs 10 and 13 of new Schedule A2 provide for regulations regarding complaints and conduct matters, made under section 31 of and Schedule 7 to the 2011 Act, to apply to a PCC-style FRA in the same way they apply to PCCs (and to other relevant officer holders as set out in section 31(3).)
	Paragraph 11 of new Schedule A2 provides for police and crime panels to scrutinise the appointment of the PCC-style FRA’s chief finance officer. This applies the relevant provisions of Schedule 1 to the 2011 Act, including the requirement for the PCC to notify the panel of the proposed appointment of a chief finance officer, the requirement for the panel to review the proposed appointment and make a report to the PCC including a recommendation on whether or not the candidate should be appointed. There is nothing preventing a PCC from appointing the same person a chief finance officer for both their police and fire and rescue functions – this is a matter for local determination taking into account any potential conflict of interest. In such a case, the proposed appointment of the PCC’s chief finance officer for police as the chief finance officer for fire and rescue (or vice versa) would be subject to scrutiny by the panel. This scrutiny requirement does not apply to the PCC-style FRA’s chief executive.
	Police and crime panels will also be responsible for scrutinising the fire precept set by a PCC-style FRA. Paragraph 12 of new Schedule A2 provides for Schedule 5 to the 2011 Act to apply to PCC-style FRAs in the same way as it does to PCCs so that the process is the same for the fire precept as it is for the police precept.
	Part 2 of Schedule 1 makes amendments to various other Acts that are consequential on a PCC taking responsibility for fire and rescue. These provisions ensure that PCCs have the same powers as other FRAs in relation to their fire and rescue functions and ensure that where appropriate the PCC model will apply in the same way to PCC-style FRAs as it does to PCCs. The amendments address a range of issues, including the application of health and safety legislation, landlord and tenancy arrangements, the right to make representations about directions to dispose of land, publicity arrangements and exemptions from insurance requirements for FRA vehicles.
	A number of amendments enable the Secretary of State to make grant payments to PCC-style FRAs in the same way as they can to other FRAs. Paragraph 16 amends the Local Government Act 1966 to enable grants for special expenditure due to ethnic minority population. Paragraph 20 amends the Local Government Grants (Social Need) Act 1969 to enable the Secretary of State to make grants to PCC-style FRAs who are required to incur expenditure by reason of their special need. Paragraph 83(3) amends section 33 of the 2003 Act to ensure that PCC-style FRAs can also receive other forms of central government funding. It is the intention that new PCC-style FRAs will be funded through the Local Government finance settlement in the same way as an existing FRA and they will receive revenue support grant and funding through business rate retention.
	The local government transparency code will not apply to a PCC-type FRA (it will not fall within section 2 of the Local Government, Planning and Land Act 1980). The PCC will instead be under a duty to publish specified information in relation to their FRA functions in accordance with paragraph 4 of new Schedule A2.
	Paragraphs 60 to 64 apply a range of provisions within the Local Government and Housing Act 1989 regarding the staffing of PCC-style FRAs. These apply a number of provisions concerning the staff of a PCC-style FRA including the political restriction of staff, the designation of a head of paid service and designation of a monitoring officer. PCCs are required to have a head of paid service and a monitoring officer for their fire functions, but there would be nothing stopping them from appointing the same person to perform both functions, or for the role to be shared between policing and fire. As the role of chief executive for the PCC’s fire functions is not set out within the legislation, the police and crime panel does not have a statutory role in relation to scrutinising any appointments to this role.
	Paragraph 71 amends the Local Government Finance Act 1992 to provide for a new PCC-style FRA to be a major precepting authority. The effect is that a PCC will raise two separate precepts, one for police and one for fire.
	Paragraphs 77 to 80 provide that a PCC-style FRA will be a relevant authority for crime and disorder reduction strategies to reflect their wider community safety role. This differs from PCCs in relation to their policing functions who are not a relevant authority, but are required to have regard to the priorities of relevant authorities, co-operate with them in the exercise of their functions and to send them a copy of their Police and Crime Plan.
	Paragraph 83(4) amends section 95(7) of the Local Government Act 2003 to ensure that FRAs’ powers to trade and to enter into joint ventures can continue to be exercised by PCC-style FRAs. These powers have allowed local collaborative arrangements to be put in place – for example, a joint vehicle workshop between Humberside police and Humberside FRA relies on the powers of the FRA to offer services without being constrained in relation to charging and trading.
	Paragraphs 86 to 93 make amendments to the 2011 Act.
	Paragraphs 87 and 89 provide for a PCC-style FRA to be known as the "Police, Fire and Crime Commissioner" for the police area and for the police and crime panel in such a case to be known as the "Police, Fire and Crime Panel".
	Paragraph 88 provides that a PCC who is also a PCC-style FRA must have regard to the Fire and Rescue National Framework and the Integrated Risk Management Plan that they issue as an FRA, when they issue or vary their Police and Crime Plan.
	Paragraph 90 inserts new subsections (10) and (11) into section 66 of the 2011 Act to provide that a person employed by an FRA of any kind cannot stand for election or hold the office of a PCC. This mirrors similar restrictions that apply to those employed by a chief constable and to members of a police force.
	Paragraph 91 amends paragraph 2 of Schedule 1 of the 2011 Act to provide that the Secretary of State may take into account the FRA functions of a PCC when making a determination on PCC pay. This does not require the Secretary of State to make an additional payment in relation to those functions.
	Paragraph 92 amends Schedule 6 to the 2011 Act to make provisions about police and crime panels where the PCC they are responsible for scrutinising has taken on responsibility for fire and rescue. Sub-paragraph (3) provides that a member of staff of a PCC-style FRA or a member of staff of the chief constable to whom FRA functions have been delegated under the single employer model cannot be a co-opted member of a police and crime panel which exercises functions in relation to that PCC-style FRA. Sub-paragraph (4) provides that a panel which exercises functions in relation to a PCC-type FRA cannot delegate scrutiny of the PCC-type FRAs fire and rescue plan or annual statement of assurance to a committee or sub-committee. These are functions that can only be performed by the panel, in the same way that scrutiny of the PCCs police and crime plan and annual report cannot be delegated. Sub-paragraph (5) introduces a new paragraph 32A into Schedule 6 that requires a panel to review its membership and to make any required changes to its membership, when the PCC it is responsible for scrutinising takes on responsibility for fire and rescue. This is to ensure the panel has the necessary skills, expertise and knowledge to fulfil its functions in relation to fire and rescue.
	Paragraph 93 amends Schedule 8 to the 2011 Act to enable a senior fire officer to apply to be the chief officer employing both police and fire personnel under the single employer model. It provides that a chief constable under the single employer model, who may be known operationally as the 'chief officer', does not need to have held the office of constable if they have fire experience at a senior level and they have met the standards for the role set by the College of Policing. This may include having completed the Senior Police National Assessment Centre and the Strategic Command Course. This is to ensure fairness that the role of 'chief officer' can be held by someone with senior expertise in either the police or the fire service, whilst also ensuring that those eligible to apply have relevant experience and training. It is for the PCC to appoint the best person for the job.