Select Committee on Delegated Powers and Deregulation Sixteenth Report



PART VII - THE LONDON FIRE AND EMERGENCY PLANNING AUTHORITY

CLAUSE 258 - RECONSTITUTION OF THE FIRE ETC AUTHORITY

Subsection (9) Enables the Secretary of State by order to appoint the reconstitution date of the London Fire and Emergency Planning Authority.

Purpose To enable the Secretary of State to set the appropriate date for the London Fire and Civil Defence Authority to be reconstituted as the London Fire and Emergency Planning Authority.

Reason for proposing delegated powers Clause 242(9) enables the Secretary of State to be involved in triggering the date of reconstitution of the fire authority. It will ensure that the necessary legislation and processes are in place before the fire authority is given its statutory functions. Similar powers were delegated to the Secretary of State when the present fire authority was established.

Parliamentary procedure No Parliamentary procedure specified. This is standard practice and well precedented for this type of order.

SCHEDULE 23: THE LONDON FIRE AND EMERGENCY PLANNING AUTHORITY

PARAGRAPH 1 - MEMBERSHIP

Sub-paragraph (5) Provides that the Secretary of State may by order vary the number of members on the fire authority, but the number of Assembly representatives must continue to exceed by one the number of borough representatives. Any variation in the number of representatives will be subject to a consultation process with the Mayor, the Assembly, the fire authority and every London borough council (sub-paragraph (6)).

Purpose Enables the Secretary of State to vary the size of the fire authority if it emerges after reconstitution that seventeen is not an appropriate number of members for the London Fire and Emergency Planning Authority.

Reason for proposing delegated powers The proposed powers will provide the necessary degree of flexibility to vary the size of the fire authority if this is considered appropriate. The need for any such change would be unlikely to become apparent until the new arrangements had been tested over a period of time. Similar powers were delegated to the Secretary of State when the present fire authority was established.

Parliamentary procedure Negative resolution procedure.


 
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