Part 1: Emergency Services Collaboration Chapter 3: London Fire Commissioner Schedule 2: The London Fire Commissioner
Part 1 provides for the amendment of the 1999 Act to enable the abolition of LFEPA and the establishment of the London Fire Commissioner.
	Paragraph 2 provides that being appointed or designated as the Deputy Mayor for Fire (under section 67(1)(b) of the 1999 Act) does not prevent a person from being elected or being an Assembly member.
	Paragraphs 3 and 4 replace references to LFEPA in the 1999 Act (relating to restricting the power of the Authority and to the advice that the Mayor is required to disclose to the Assembly) with references to the London Fire Commissioner.
	Paragraph 5 provides for the appointment of the London Fire Commissioner to be subject to confirmation hearings provided for under the 1999 Act.
	Paragraph 6 provides for the power to require attendance at Assembly meetings which might require giving evidence and producing documents which discloses advice given to the Mayor by the London Fire Commissioner. This replicates the position which was the case with LFEPA.
	Paragraph 7 increases the number of members of staff the Mayor can appoint (in addition to the Mayor’s political advisors) from ten to eleven.
	Paragraphs 8 and 9 provide for a person appointed as the Deputy Mayor for Fire to be or to remain a member of the Assembly or to be or remain a member of a local authority and to continue to perform any work or services in that capacity.
	Paragraph 10 inserts new Part 6A, comprising new sections 327A to 327I, into the 1999 Act. New Part 6A makes further provision in respect of the London Fire Commissioner.
	New section 327A(1) allows for there to be the London Fire Commissioner and subsection (2) provides for the London Fire Commissioner to be a corporation sole. Subsection (3) requires the Mayor to appoint the London Fire Commissioner.
	Subsection (4) confers on the London Fire Commissioner the functions of an FRA for Greater London under the 2004 Act and any other enactments. Subsection (5) requires that the London Fire Commissioner must ensure that the London Fire and Rescue Service is efficient and effective.
	Subsection (6) refers to the meaning of the London Fire and Rescue Service as mentioned in subsection (5) which is for the personnel, services and equipment secured by the London Fire Commissioner for the purposes of meeting the Commissioner’s duties. These duties are as in subsection (6)(a), (b), (c) and (d) – fire safety, firefighting, road traffic accidents and emergencies as set out in sections 6, 7, 8 and 9 of the 2004 Act. Subsection (6)(e) includes any other functions conferred on an FRA by other legislation.
	Subsection (7) provides for the Mayor to hold the London Fire Commissioner to account for the exercise of the Commissioner's functions.
	New section 327B(1) disqualifies a person from being appointed as the London Fire Commissioner unless the person has reached the age of 18. Subsection (2) disqualifies a person from being appointed as, or being, the London Fire Commissioner if they are a member of the Assembly or a London borough council. Subsection (3) sets out criteria relating to debt, bankruptcy and criminal conviction which disqualify a person from being appointed as, or being, the London Fire Commissioner.
	Subsections (4) defines an imprisonable offence for the purpose of subsection (3)(c) as an offence for which a person who has reached the age of 18 may be imprisoned for a term, or given life imprisonment. Subsection (5) explains the time from which a person is to be treated as being convicted.
	New section 327C provides for the suspension and removal of the London Fire Commissioner from office.
	Subsection (1) allows the Mayor to suspend the London Fire Commissioner from duty with the approval of the Secretary of State.
	Subsection (2) requires the Mayor to notify the Secretary of State if the Mayor suspends the London Fire Commissioner under subsection (1).
	Subsection (3) allows the Mayor to call upon the London Fire Commissioner to resign or retire subject to the approval of the Secretary of State and the conditions set in subsections (5) and (6).
	Subsection (4) requires the London Fire Commissioner to resign or retire if called do so by the Mayor as in subsection (3).
	Subsection (5) puts certain requirements on the Mayor before they can call upon the London Fire Commissioner to retire or resign. Subsection (5)(a) requires the Mayor to give the London Fire Commissioner a written explanation of the reasons why the Mayor is proposing to call for the resignation or retirement. Subsection (5)(b) requires the Mayor to give the Commissioner the opportunity to make written representations to the Mayor, and subsection (5)(c) requires the Mayor to consider any written representation made by the Commissioner.
	Subsection (6) requires the Mayor to comply with the requirements in subsection (5) before seeking the approval of the Secretary of State to call upon the London Fire Commissioner to retire or resign.
	New section 327D(1)(a) allows the Mayor to issue the London Fire Commissioner guidance on how the Commissioner is to exercise his or her functions, subsection (1)(b) allows the Mayor to give general directions as to the manner in which the Commissioner is to exercise his or her functions, and subsection (1)(c) allows the Mayor to give specific directions as to the Commissioner's functions.
	Subsection (2) allows that any specific directions given by the Mayor under subsection (1)(c) may include a direction for the London Fire Commissioner to not exercise a specified power.
	Subsection (3) allows the Mayor under subsection (1) to include guidance or directions on how the London Fire Commissioner is to perform his or her duties or conduct any legal proceedings.
	Subsection (4) requires the Mayor to have regard to the Fire and Rescue National Framework, and fire safety enforcement guidance when exercising the powers under section 327D. Subsection (5) explains what is meant by the Fire and Rescue National Framework and the fire safety enforcement guidance.
	New section 327E allows the Secretary of State, where he or she thinks any guidance or directions issued under section 327D by the Mayor are inconsistent with the Fire National Framework or fire safety enforcement guidance, to direct the Mayor to remove the inconsistency. The Mayor must comply with any such directions from the Secretary of State.
	Subsection (1) of new section 327F enables the Mayor to arrange for the Deputy Mayor for Fire to carry out any fire and rescue function of the Mayor.
	Subsection (2) defines the Deputy Mayor for Fire.
	Subsection (3) defines the functions of the Mayor in relation to fire and rescue which the Deputy Mayor for Fire may exercise under subsection (1). These do not include the Mayor's power conferred by new section 327C to suspend the London Fire Commissioner or to call upon the London Fire Commissioner to resign or retire.
	Subsection (4) provides that the Secretary of State can issue directions to the Deputy Mayor for Fire if the Secretary of State considers that a direction issued by the Deputy Mayor for Fire, when exercising the fire and rescue functions of the Mayor, are inconsistent with the Fire and Rescue National Framework or fire safety enforcement guidance.
	New section 327G makes provision for the scrutiny of documents prepared by the London Fire Commissioner.
	Subsection (1) deals with the preparation and publication by the London Fire Commissioner of a document in accordance with the Fire and Rescue National Framework (as defined in subsection (4)) which sets out the Commissioner’s priorities and objectives in connection with the discharge of the Commissioner’s functions or contains a statement of the way in which the Commissioner has had regard to the Framework and to that document in connection with the discharge of the Commissioner’s functions.
	Subsection (2) requires the Commissioner to send a copy of the document or revision in draft to the Mayor and the Assembly fire and emergency committee before publishing.
	Subsection (3) states that the Commissioner may not publish the document or any revision to it unless the Assembly has had an opportunity to review the draft document or revision, make a report on it to the Mayor, and the Mayor has approved the draft document or revision.
	New section 327H makes provision for the Assembly fire and emergency committee.
	Subsection (1) requires the Assembly to appoint a committee, to be known as the fire and emergency committee, to carry out a range of functions on its behalf.
	Subsection (2) describes the functions which the fire and emergency committee must discharge. These are functions relating to the appointment of the London Fire Commissioner and the Deputy Mayor for Fire such as holding confirmation hearings (under section 60A of and Schedule 4A to the 1999 Act) and the functions set out in new section 327I of the 1999 Act (see below).
	Subsection (3) prevents the Assembly from using another means to discharge the fire and emergency committee functions – it can only discharge them through the committee established under subsection (1).
	Subsection (4) prevents the Assembly from using the fire and emergency committee to carry out any other functions of the Assembly.
	Subsection (5) refers to "special scrutiny functions" to be exercised at a meeting of the whole committee. Subsection (13) defines "special scrutiny functions" as the functions conferred by section 327I(1) or by section 60A and Schedule 4A in relation to the appointment of the London Fire Commissioner and the Deputy Mayor for Fire.
	Subsections (6) to (9), when read together, provide that any provision, apart from the excluded provisions, made by any enactment which applies to committees of the Assembly applies to the fire and emergency committee as though that committee were a committee under section 54(1)(a). Subsection (7) defines the "excluded provisions" as provisions in section 54(5) – so far as it provides for the Assembly to retain power to exercise functions delegated to a committee – and section 55 (Assembly committees and sub-committees) of the 1999 Act .
	Subsection (10) provides for the Assembly to fix the number of members of the committee and their term of office. It also allows for non-members of the Assembly to be part of the committee.
	Subsection (11) deals with any sub-committee which discharges the functions of the fire and emergency committee. It provides for the fire and emergency committee to fix the number of members of the sub-committee and their term of office. It also allows for non-members of the Assembly to be members of the sub-committee.
	Subsection (12) requires the fire and emergency committee to exercise its functions so that they support the effective exercise of the functions of the London Fire Commissioner.
	New section 327I provides for functions to be discharged by the fire and emergency committee. Subsection (1) requires the fire and emergency committee to review draft documents presented to it by the London Fire Commissioner, and to make a report or recommendation to the Mayor.
	Subsections (2) to (5) require the fire and emergency committee to review how the London Fire Commissioner is exercising his or her functions and the committee has the power to investigate and prepare reports on the Commissioner’s actions and decisions. The power also extends to investigating the actions and decisions of an officer of the London Fire Commissioner and to any other matters which the Assembly considers to be of importance to fire and rescue services in Greater London. Subsection (4) allows the fire and emergency committee to investigate and prepare reports about the actions and decisions of the Deputy Mayor for Fire.
	Subsections (6) and (7) allow the fire and emergency committee to require the persons listed to attend proceedings to give evidence or to provide documents in their possession which can be considered at the proceedings.
	Subsection (8) considers the position of an officer of the London Fire Commissioner in relation to subsection (6) requirements. An officer is not required to give evidence or produce documents if they would disclose advice they had given to the London Fire Commissioner.
	Subsection (9) applies relevant provisions under sections 61 to 65 of the 1999 Act to the requirements under subsection (6). These provisions relate to the procedures for requiring persons to attend proceedings and provide documents. Section 64 provides for an offence of failing to attend proceedings, with a maximum penalty of six months' imprisonment or an unlimited fine.
	Paragraphs 11 to 13 make relevant consequential changes to the 1999 Act by substituting London Fire Commissioner for LFEPA and repealing Part 7 of the 1999 Act which made provision for the LFEPA.
	Paragraph 14 makes an amendment to Schedule 4A to the 1999 Act inserting new provisions in respect of he confirmation hearings etc for the appointment of the London Fire Commissioner and Deputy Mayor for Fire. Paragraph 14(3) inserts a new paragraph 11 in Schedule 4A to provide the Assembly with the power to veto any such appointment but only if it has held a confirmation meeting and notifies the Mayor within a period of three weeks beginning with the day on which the Assembly receives the notification from the Mayor. The Assembly may not veto the appointment of the candidate as the Deputy Mayor for Fire if the candidate is a member of the Assembly. New paragraph 11(3) of Schedule 4A to the 1999 Act prevents the Mayor from appointing a candidate who has been vetoed by the Assembly. New paragraph 11(5) provides that in reaching the decision to veto a candidate the Assembly must have a required majority of at least two thirds of the votes in favour of that decision.
	Paragraph 15 inserts new Schedule 27A into the 1999Act.
	Paragraph 1 of new Schedule 27A deals with the appointment of the London Fire Commissioner and the tenure of office. The Mayor determines the terms and conditions of the appointment and the tenure of office is subject to the provisions set out in new section 327C regarding the suspension and removal of London Fire Commissioner.
	Paragraph 2 of new Schedule 27A provides for the remuneration of the London Fire Commissioner. All remuneration will be provided for under the Commissioner’s terms and conditions and can include allowances for expenses incurred in the performance of their functions. Paragraph 2(3) allows for a pension to be paid to the London Fire Commissioner in accordance with the terms and conditions of the Commissioner’s appointment. Paragraph 2(5) requires the Mayor to have regard to the financial resources of the Commissioner when determining the terms and conditions of the appointment.
	Paragraph 3 deals with the appointment of a deputy London Fire Commissioner. Paragraph 3(1) enables the London Fire Commissioner to appoint a deputy and paragraph 3(2) provides for that deputy to exercise any or all of the Commissioner’s powers and duties. However, in the case of the Commissioner’s absence, incapacity or suspension from duty or where there is a Commissioner vacancy, paragraph 3(3) limits the period of exercising the powers and duties of the London Fire Commissioner by the deputy to three months unless the Mayor consents to a longer period.
	Paragraph 4 deals with damages and costs in legal proceedings. The paragraph sets out where the London Fire Commissioner must pay damages or costs and where they have the discretion to make such payments.
	Part 2 of Schedule 2 makes consequential amendments to other Acts.