Commentary on Sections Fire and Rescue National Framework Section 22 and 23: Intervention by Secretary of State and intervention protocol
44.This section gives the Secretary of State the power to intervene if fire and rescue authorities fail to act in accordance with the Framework. The best value powers in Part 1 of the Local Government Act 1999 already make provision for the Secretary of State to intervene where an authority is failing to comply with the requirements of Part 1 of that Act. However, some wider Fire and Rescue Service performance issues covered by the Framework, such as measures to make provision for resilience in the face of a terrorist attack, may not be covered by the 1999 Act.
45.Section 22 provides the Secretary of State with the power to require, by order, a fire and rescue authority to act in accordance with the Framework where he considers that the authority is failing to do so, or is likely to fail to do so. Before making such an order the Secretary of State must give the authority an opportunity to make representations to him.
46.Any use of the Secretary of State’s powers under section 22 will be governed by an “intervention protocol”. Section 23 requires the Secretary of State to consult on and publish this protocol.