Fire and Rescue Services Act 2004
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Change 1
4F Exercise of functions pursuant to section 4A order
(1) A fire and rescue authority created by an order under section 4A must exercise its functions efficiently and effectively. (2) A person who is the fire and rescue authority by virtue of an order under section 4A may not act in that office unless the person has made and delivered a declaration of acceptance of office under section 70 of the Police Reform and Social Responsibility Act 2011 in accordance with that section. (3) Subsections (4) and (5) apply if— (a) an order under section 4A has effect for the area of a fire and rescue authority, and (b) an acting commissioner is appointed under section 62 of the Police Reform and Social Responsibility Act 2011 for the police area— (i) which corresponds to the area of the fire and rescue authority, or (ii) within which the area of the fire and rescue authority falls. (4) The acting commissioner is to act as the fire and rescue authority for the period of the acting commissioner’s appointment. (5) Accordingly— (a) all of the functions of the fire and rescue authority are exercisable by the acting commissioner during that period, and (b) any property or rights vested in the fire and rescue authority may be dealt with by the acting commissioner in that period as if vested in the acting commissioner. (6) Subsection (7) applies if a person elected as police and crime commissioner for a police area— (a) is disqualified from being, or being elected as, a police and crime commissioner, or (b) is disqualified from being, or being elected as, the police and crime commissioner for that area. (7) Any acts of the person when acting in the office of fire and rescue authority are, despite that disqualification, as valid and effectual as if the person had not been disqualified.
4F Exercise of functions pursuant to section 4A order
(1) A fire and rescue authority created by an order under section 4A must exercise its functions efficiently and effectively. (2) A person who is the fire and rescue authority by virtue of an order under section 4A may not act in that office unless the person has made and delivered a declaration of acceptance of office under section 70 of the Police Reform and Social Responsibility Act 2011 in accordance with that section. (3) Subsections (4) and (5) apply if— (a) an order under section 4A has effect for the area of a fire and rescue authority, and (b) an acting commissioner is appointed under section 62 of the Police Reform and Social Responsibility Act 2011 for the police area— (i) which corresponds to the area of the fire and rescue authority, or (ii) within which the area of the fire and rescue authority falls. (4) The acting commissioner is to act as the fire and rescue authority for the period of the acting commissioner’s appointment. (5) Accordingly— (a) all of the functions of the fire and rescue authority are exercisable by the acting commissioner during that period, and (b) any property or rights vested in the fire and rescue authority may be dealt with by the acting commissioner in that period as if vested in the acting commissioner. (6) Subsection (7) applies if a person elected as police and crime commissioner for a police area— (a) is disqualified from being, or being elected as, a police and crime commissioner, or (b) is disqualified from being, or being elected as, the police and crime commissioner for that area. (7) Any acts of the person when acting in the office of fire and rescue authority are, despite that disqualification, as valid and effectual as if the person had not been disqualified.
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