Part 1: Emergency Services Collaboration Chapter 2: Police and Crime Commissioners: Fire and Rescue Functions Section 8: Combined Authority Mayors: exercise of fire and rescue functions
The Government’s intention is it should be possible for a combined authority mayor who exercises both fire and rescue and policing functions to discharge these in a similar way to a PCC.
	There are already existing powers in the 2009 Act (as amended by the Cities and Local Government Devolution Act 2016) to enable a combined authority mayor to take on responsibility for the governance of policing and fire (analogous to the governance model for PCCs). However, there is no existing provision in legislation that would enable a mayor who had taken responsibility for both policing and fire to implement the single employer model. Section 8 enables this to happen. It will allow combined authority mayors to realise the full benefits of collaboration between police and fire services – for example, bringing together the senior management team and consolidating back office functions. The process by which a combined authority mayor would seek to implement the single employer model follows that for PCCs as far as possible, taking into account the different context of the mayoral model.
	Subsection (2) amends the 2009 Act to provide for combined authority mayors to put in place the single employer model by inserting new sections 107EA to 107EG into that Act.
	New section 107EA enables the Secretary of State to make provision, by order, that enables a combined authority mayor to delegate fire and rescue functions to the chief constable of the police force for their area and for the chief constable to further delegate these functions to both police and fire and rescue personnel. That is, to members of their police force, to the civilian staff of their police force, to members of fire and rescue staff appointed by the chief constable or to any fire and rescue staff transferred to the chief constable under a transfer scheme made under the 2009 Act, as amended by this Act. The sub-delegation of functions by the chief constable to their police and fire personnel is subject to existing legal restrictions. Subsection (9) clarifies 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 39 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 107EA(1) provides that the single employer model may only be put in place by a combined authority mayor who exercises both policing and fire functions. If a mayor exercises only fire functions but not policing (or vice versa) they cannot delegate fire functions and transfer fire and rescue personnel to the chief constable of the corresponding police force area. A mayor could make the request to implement the single employer at the same time as taking on responsibility for policing and/or fire but an existing mayor would need to be in place to request it. The model cannot be requested by a combined authority.
	New section 107EA(3) provides that an 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 mayor as FRA.
	New section 107EB makes provisions for the procedure by which a combined authority mayor would put in place the single employer model. As for the provisions relating to PCCs, these provisions are locally enabling. A combined authority mayor may submit a proposal to the Secretary of State where he or she considers there is a local case for the single employer model. New section 107EB(1) provides that the Secretary of State could only implement this model where a request has been made. New section 107EB(2) provides that the mayor’s proposal must set out why it would be in the interests of a) economy, efficiency and effectiveness, or b) public safety for an order establishing the single employer model to be made. The mayor is also required to submit a description of any local public consultation and a summary of any responses to such a consultation, and a summary of representations made by constituent members of the combined authority when making their request. Where a mayor has undertaken public consultation, new section 107EB(3) requires them to publish a response to that consultation in the manner that they deem appropriate.
	Where there is not local agreement to the mayor’s proposal (that is, where two-thirds or more of the constituent members of the combined authority have indicated that they disagree) new section 107EB(4) and (5) provide that the mayor may still make a request to the Secretary of State, but he or she would additionally be required to provide copies of any representations made by the constituent members of the combined authority and include in the proposal his or her response to these representations and to the views expressed in any public consultation undertaken. New section 107EB(6) provides that the Secretary of State would then be required to secure an independent assessment of the mayor’s proposal. Such an independent assessment may be secured from HMIC, the Chief Fire and Rescue Adviser or any such other independent person as the Secretary of State deems appropriate. In the interests of transparency, new section 107EB(7) requires the Secretary of State to publish the independent assessment secured. The Secretary of State must have regard to that assessment and to the material provided under new section 107EB(2) and (5) when deciding whether or not to make an order implementing the single employer model. As with a comparable order under the 2004 Act, the Secretary of State may not make an order unless it appears to her that it is in the interests of economy, efficiency and effectiveness or public safety to do so (and she may not make an order on the grounds of economy, efficiency and effectiveness if she thinks that it would have an adverse effect on public safety).
	New section 107EB(10) and (11) provide that the Secretary of State may give effect to the mayor’s proposals with any modifications that he or she thinks appropriate. However, before doing so, the Secretary of State must consult the mayor and the constituent members of the combined authority. This would only permit the Secretary of State to make minor amendments to the mayor’s proposal. If the Secretary of State did not consider the case was strong enough, the mayor would need to bring forwards a new proposal.
	New section 107EC mirrors the provisions of new section 4I of the 2004 Act (as inserted by Schedule 1 to the Act). Under the single employer model, the chief constable of the mayor’s police area will employ police and fire personnel for the purposes of exercising their police and fire functions. New section 107EC provides for the transfer of property, rights, liabilities and personnel to the chief constable and makes additional provisions regarding personnel, including the ability for the chief constable to appoint staff, and pay remuneration and pensions to fire and rescue staff.
	New section 107EC(1) enables the Secretary of State to make a transfer scheme which transfers property, rights and liabilities from an FRA (if the mayor is moving straight to the single employer model upon taking fire and rescue functions) or from the combined authority (if the single employer model is implemented subsequently) to the chief constable for the corresponding police area if an order has been made under new section 107EA 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 combined authority from the chief constable. 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 107EC(5) provides that, subject to new section 107EC(6) to (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 – 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 firefighting functions.
	New section 107EC(6) provides that where a chief constable is delegated fire and rescue functions by a combined authority mayor 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 107EC(7) clarifies that the provisions of new section 107EC(5) preventing a person from being appointed jointly in relation to both police and fire functions does not apply to finance officers.
	New section 107ED mirrors the provisions of new section 4J of the 2004 Act. It only applies where fire and rescue functions have been delegated to the chief constable by the combined authority mayor under the single employer model and makes provision for the respective accountabilities of the PCC and chief constables when discharging these functions. New section 107ED(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 107ED(4) requires combined authority mayors 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 107ED(5) further requires the mayor to hold the chief constable to account for the exercise of their functions.
	New section 107EE mirrors new section 4K of the 2004 Act and makes provisions in relation to complaints and conduct matters. Where an order is made under new section 107EA 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 107EE(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 107EA. 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 107EE(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 107EC(1) or members of staff appointed by a chief constable under new section 107EC(2).
	New section 107EE(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 107EE(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 Home Secretary must consult the Police Advisory Board, the IPCC, persons considered by the Home Secretary to represent the views of PCCs and FRAs, and other persons considered appropriate.
	New sections 107EF and 107EG enable the Secretary of State to make further provisions applying local policing, and fire and rescue enactments (with or without modifications) or to make new provisions that are corresponding or similar to existing such legislation in relation to combined authority mayors who implement the single employer model, chief constables to whom fire and rescue functions have been delegated and any panels established under section 5C of the 2009 Act. This ensures that any necessary consequential provisions can be made when the Secretary of State makes an order implementing the single employer model under section 107EA.
	New section 107EG also makes a number of technical and consequential provisions to allow mayors and chief constables in mayoral combined authorities to give effect to the single employer model.