Part 2: Local Democracy and Devolution Police and crime and fire and rescue functions Section 36: Section 34 regulations: further provision Effect
Subsection (1) enables the Secretary of State to make a transfer scheme which transfers property, rights and liabilities from a fire and rescue authority (if the mayor is moving straight to the single employer model upon taking fire and rescue functions) or from the CCA (if the single employer model is implemented subsequently) to the chief constable for the corresponding police area if regulations have been made under section 34 delegating fire and rescue functions to that chief constable. It also provides that transfer schemes can be made transferring properties, rights and liabilities back to the CCA from the chief constable. Such transfer schemes could include personnel; the personnel that transfer will be dependent on the functions that are proposed to be delegated by the mayor to the chief constable.
	Subsections (2), (3) and (4) provide that the chief constable of the mayor’s police area can employ staff for the purposes of exercising their fire and rescue functions and may pay remuneration pensions and allowances to fire and rescue staff.
	Subsection (5) provides that, subject to subsections (6), (7) and (8), 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.
	Subsection (6) provides that where a chief constable is delegated fire and rescue functions by a mayor of a CCA 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. Subsections (7) and (8) clarify that the subsection (5) – preventing a person from being appointed jointly in relation to both police and fire functions – does not apply to finance officers.
	Subsections (9) and (10) provide that the CCA must pay any damages or costs awarded against, any costs incurred by, and any settlement sum required in relation to the chief constable and their fire and rescue staff in certain proceedings.
	Subsection (11) defines the terms "fire and rescue functions" and "fire and rescue staff" as used in this section.