West Midlands Combined Authority Scheme This scheme is

West Midlands Combined Authority Scheme

This scheme is prepared and published following the decision of the West Midlands Combined

Authority (WMCA) on 8 September 2017.

The proposals in this scheme will be subject to a further public consultation.

The scheme provides as follows:

1.1 It is proposed that the functions exercisable by the West Midlands Fire and Rescue

Authority (WMFRA) across the area that the WMCA covers, should become functions of the

WMCA pursuant to sections 105 A of the Local Democracy, Economic Development and

Construction Act 2009.

These functions are those as set out in the following acts and other relevant identified sections:

• Local Government Act 1985 (including Part IV, schedule 10).

• Local Government in Housing Act 1989.

• Fire and Rescue Service Act 2004.

• Fire and Rescue Order 2007.

• National Framework for Fire and Rescue Services in England 2012.

• Regulatory (Fire) Reform Order 2005.

• Civil Contingencies Act 2014.

The requirements for change are set in 1.16 of this scheme.

1.2 It is proposed that the properties, rights and liabilities of the WMFRA would become

functions of the WMCA.

1.3 It is proposed that the functions relating to fire and rescue referred to in 1.1 should become

WMCA functions.

1.4 It is proposed that the fire and rescue functions once they become functions of the WMCA

are exercisable only by the Mayor (section 107D (1) Cities and Local Government Devolution

Act 2009).

1.5 For the purposes of the exercise of the fire and rescue functions, the Mayor may do

anything that the WMCA may do under section 113A of the LDEDC Act 2009 (general power

of EPB or combined authority) (1).

1.6 It is proposed that the WMCA has the same borrowing powers in respect to its functions,

relating to fire and rescue as are currently exercised by the WMFRA.

1.7 It is proposed that the WMCA retain the same core grant and precept funding

arrangements in respect to its functions relating to fire and rescue, as currently exercised by

the WMFRA.

1.8 It is proposed that both the funding and reserves for fire are ring fenced within the Mayoral

WMCA.

1.9 Any decisions or acts made before abolition of the WMFRA should have effect as if agreed

by, or, in relation to the Mayoral WMCA. For example, the setting of the precept for, under

section 40 Local Government Finance Act 1988 to the constituent councils in respect of the

financial year beginning before transfer in governance, should have effect as if issued by the

Mayoral WMCA.

1.10 It is proposed that Members of the WMCA may assist the Mayor in the exercise of the fire

and rescue functions in line with delegations, provided that the functions may not include:

• Functions relating to the budget and setting of the precept,

• Functions relating to statutory plans such as the Integrated Risk Management Plan (IRMP)

and strategies,

• Functions relating to all properties, rights and liabilities,

• The appointment of the Chief Fire Officer and Principal officers.

Mayoral Fire Advisory Committee

1.11 It is proposed that the Order should contain provision for the Mayor to arrange for a

committee of the WMCA (the Mayoral Fire Advisory Committee), consisting of members

appointed by the constituent councils, to advise and support the Mayor in relation to West

Midlands Fire Service (WMFS).

1.12 It is proposed the committee appointed should consist of a minimum of fifteen elected

members from across the constituent councils, the Police and Crime Commissioner (in

accordance with the Policing and Crime Act 2017) and two further co-opted members from

Health and Ambulance to promote greater challenge, transparency and further collaboration.

1.13 The following additional provisions are proposed to apply to the Mayoral Fire Advisory

Committee (the Committee):

Governance

• Appointment of elected members from each of the constituent councils will be made so

that the members of the committee taken as a whole, reflect as far as reasonably

practicable, the overall balance of political parties prevailing amongst the constituent

councils.

• The majority of members of the committee must be members of the constituent

councils, all of those members have one vote.

• Where a member is not from a constituent council (a co-opted member) they will not

have voting powers.

• Two-thirds of members must be present for a meeting to be quorate.

• The Chair of the Committee will be appointed by the Mayor in consultation with

constituent council leaders.

Functions

• The Committee will not be a decision-making committee this responsibility will remain

with the Mayor and Chief Fire Officer, as appropriate.

• The Committee will advise the Mayor, support the Mayor and review decisions made by

the Mayor.

• Where decisions are reviewed, the Committee will submit a report to the WMCA

Overview and Scrutiny Committee.

• The Committee will support the Mayor in providing advice around exercising fire

functions, to ensure the right level of detail and understanding is provided to inform the

Mayor’s role as the Authority.

• The Committee will represent the priorities and strategy of the Mayor and WMFS in

their respective local authorities and will report on performance in relation to fire

functions.

• The Committee will represent the priorities and strategy of the Mayor and West

Midlands Fire Service (WMFS) within the seven constituent councils, regionally with

other Fire and Rescue Services, and nationally through the National Joint Council and

Local Government Association.

• The Committee will seek to influence the Government on behalf of the Mayor in matters

related to the delivery of fire and rescue services locally, regionally and nationally.

• The Committee will enable the development of partnerships and services to the

community through constituent council engagement.

A member’s allowance scheme for the committee will be payable by the WMCA.

1.14 The Chief Fire Officer (CFO) as head of paid service will be accountable to the Mayor in the

operation of their duties.

1.15 It is proposed that the CFO maintains full accountability for the operational functions of

the Fire Service. This will include:

• The management of the Fire and Rescue Service,

• The appointment and development of staff,

• The delivery of WMFS Strategy (including matters relating to exercising functions of the

Fire and Rescue Services Act 2004 and other relevant legislation),

• The delivery of staffing structures and models which support current and future

Strategy,

• The deployment of resources to meet risk,

• The transformation of services and reform of the workforce to meet WMFS and

Mayoral/WMCA priorities.

1.16 Modification requirements of enactments in their application to the WMCA as a Fire and

Rescue Authority.

Primary Legislation

Local Government Act 1972

1. In section 138(5) of the Local Government Act 1972 (powers of principal councils with

respect to emergencies or disasters) (a), the reference to “metropolitan county fire and rescue

authority” is to apply as if it included “the WMCA as a fire and rescue authority”.

Local Government in Housing Act 1989

2. (1) The Local Government and Housing Act 1989(c) is modified as follows.

(2) In section 67 (application of provisions about companies in which local authorities have

interests), subsection (3)(k) applies as if the reference to “joint authority established by Part IV

of that Act” included a reference to “the WMCA as a fire and rescue authority”.

(3) In section 155 (emergency financial assistance to local authorities) subsection (4)(g) applies

as if the reference to a “joint authority established by Part IV of the Local Government Act

1985” included a reference to “the WMCA as a fire and rescue authority”.

Crime and Disorder Act 1998

3.— (1) The Crime and Disorder Act 1998(d) is modified as follows.

(2) In the definition of “fire and rescue authority” in section 5(5) (authorities responsible for

strategies), the reference in paragraph (b) to a “metropolitan county fire and rescue authority”

is to apply as if it included a reference to “the WMCA as a fire and rescue authority”.

(3) In the definition of “relevant authority” in section 115(2), the reference in paragraph (j) to a

“metropolitan county fire and rescue authority” is to apply as if it included a reference to “the

WMCA as a fire and rescue authority”.

Local Government Act 2003

4. Section 23(1) of the Local Government Act 2003 (meaning of “local authority” for purposes of

Part 1) (a) the reference in paragraph (k) to “a joint authority established by Part IV of that Act”

is to apply as if it included a reference to “the WMCA as a fire and rescue authority.”

Fire and Rescue Services Act 2004

5.— (1) The FRS Act 2004(b) is modified as follows.

(2) Section 4A (power to provide for police and crime commissioner to be fire and rescue

authority) has effect as if at the end of subsection (3)(b) there were inserted—

“, and (c) outside the Area.”;

(3) Section 4B (1) (changes to existing fire and rescue authorities) has effect as if the reference

to fire and rescue authorities in England outside Greater London did not include the WMCA.

6. In section 1 of the FRS 2004 Act(1), after subsection (4) insert—

“(5) This section is also subject to an order under Part 6 of the Local Democracy, Economic

Development and Construction Act 2009 which transfers the functions of a fire and rescue

authority to a combined authority established under section 103 of that Act”.

Secondary legislation

7. In paragraph (a) of the definition of “local authority” in regulation 2(1) of the Pipelines Safety

Regulations 1996 (interpretation)(c) the reference to a “metropolitan county fire and rescue

authority” is to apply as if it included a reference to “the WMCA as a fire and rescue authority”.

8. In article 1(2) of the Local Government (Best Value Authorities) (Power to Trade) (England)

Order 2009 (application of order to best value authorities) (d) the reference in paragraph (c) to

a “metropolitan county fire and rescue authority” is to apply as if it included a reference to “the

WMCA as a fire and rescue authority”.

9. In regulation 3 of the Community Right to Challenge (Fire and Rescue Authorities and

Rejection of Expressions of Interest) (England) Regulations 2012 (relevant authorities) (e) the

reference in paragraph (a) to a “metropolitan county fire and rescue authority established

under section 26 of the Local Government Act 1985” is to apply as if it included a reference to

“the WMCA as a fire and rescue authority”.

10.— (1) The Local Government Pension Scheme Regulations 2013(f) are modified as follows.

(2) After regulation 64(8), insert—

“(8A) Paragraph (8B) applies where the exiting employer is the WMFRA and the

liabilities of the fund in respect of benefits due to the WMFRA’s current and former

employees (or those of any predecessor authority) have been or are to be transferred to the

WMCA by virtue of this Order.

(8B) Where this paragraph applies, no exit payment is due under paragraph (1) and

paragraph (2) does not apply.”.

11. In regulation 2(1) of the Explosives Regulations 2014 (interpretation)(g) in the definition of

“local authority”, the reference in paragraph (c) to “a metropolitan county fire and rescue

authority” is to apply as if it included a reference to “the WMCA as a fire and rescue authority”.

12. In regulation 2(1) of the Control of Major Accident Hazards Regulations 2015(a) in

paragraph (b) of the definition of “local authority”, sub-paragraph (ii) is to apply as if there were

substituted for that sub-paragraph—

“(ii) the Area, the WMCA as a fire and rescue authority;”.