Part 1: Emergency Services Collaboration Chapter 4: Inspection of fire and rescue services Section 11: Inspection of fire and rescue services
Section 11 amends the 2004 Act to make further provision about the inspection of FRAs in England.
	Subsection (2) inserts new subsections (A1) to (A9) into section 28 of the 2004 Act, which amend the process for appointing inspectors, assistant inspectors and other officers and provides for one of the inspectors appointed to be the chief fire and rescue inspector for England. This aligns with the process for appointing Her Majesty’s Inspectors of Constabulary.
	New subsections (A6) to (A8) of section 28 restrict the inspection powers of fire and rescue inspectors when inspecting PCC-style FRAs , to exclude certain strategic functions of the PCC such as the preparation of the strategic fire and rescue plan and annual statement (new subsection (A7)(a)); setting the fire precept (new subsection (A7)(b)); appointing a chief fire officer (new subsection (A7)(c)) and functions connected to holding the chief constable to account (new subsection (A7)(d)). The functions, actions and decisions of the PCC will instead be subject to scrutiny by the corresponding police and crime panel, and directly held to account by the public. This is consistent with the PCC model and mirrors arrangements for the inspection of the PCC’s policing functions. New subsection (A7)(e)) provides for further excluded functions to be set out in an order (subject to the negative procedure). This will enable the Secretary of State to specify excluded functions consequential on the order made under new section 4A of the 2004 Act which creates a PCC as the fire and rescue authority for an area and consequential on an order made under new section 4H of the 2004 Act if the PCC proposes to delegate fire and rescue functions to a single chief officer.
	Subsection (4) inserts new section 28A into the 2004 Act, which requires the chief fire and rescue inspector to prepare an inspection programme and an inspection framework, for the Secretary of State’s approval. It also enables the Secretary of State (in practice the Home Secretary) to require the inspection of any specified FRA. It also enables the chief fire and rescue inspector with the approval of the Secretary of State to initiate the inspection of an English fire and rescue authority under section 28(A3) which has not been set out in an inspection programme nor required by the Secretary of State.
	New section 28A(7) makes clear that a fire inspector can make a visit for the purposes of inspection without prior notice, regardless of the content of the inspection programme.
	Subsection (5) inserts new section 28B into the 2004 Act, which provides for the publication of inspection reports. New section 28B(4) requires the chief fire and rescue inspector to submit an annual report to the Secretary of State, while new section 28B(6) requires this report to be laid before Parliament.
	Subsection (6) amends paragraph 8(2) of Schedule A2 to the 2004 Act, as inserted by Schedule 1 to the Act, which modifies section 28 of the Police Reform and Social Responsibility Act 2011 to provide that the functions of a PCC that are to be scrutinised by a Police and Crime Panel ("PCP") are those that are excluded from inspection under the provisions of section 28(A6). This ensures that there remains public assurance for the delivery of fire and rescue functions – the strategic functions of the PCC will be subject to scrutiny by the PCP and the operational delivery of the fire and rescue service will be subject to inspection.
	Subsection (7) introduces Schedule 3 to the Act, which inserts new Schedule A3 into the 2004 Act.
	Subsection (8) provides that any fire inspector appointed under the existing provisions of the 2004 Act will continue to be such once this section comes into force, and will be taken as having been appointed under the new arrangements.