Member

137: Schedule 23, page 261, line 27, at end insert— “Local Government Finance Act 1988 5A (1) The Local Government Finance Act 1988 is amended in accordance with this paragraph.(2) In section 114 (functions of responsible officer as regards reports), in subsection (4)(b)—(a) in sub-paragraph (iiic), omit the final “and”;(b) after sub-paragraph (iiic) insert—“(iiid) a mayoral FRA, the relevant scrutiny body (and here “mayoral FRA” and “relevant scrutiny body” have the same meanings as in Schedule ZA1 to the Fire and Rescue Act 2004), and”.(3) In section 115 (authority’s duties as regards reports)—(a) after subsection (1BA) insert—“(1BB) In the case of a report made by the chief finance officer of a mayoral FRA (which in this section has the same meaning as in Schedule ZA1 to the Fire and Rescue Act 2004), that mayoral FRA must consider the report and decide whether the mayoral FRA agrees or disagrees with the views contained in the report and what action (if any) the mayoral FRA proposes to take in consequence of it.”;(b) in subsection (1E), after “section 4A fire and rescue authority” insert “, the mayoral FRA”;(c) after subsection (1FA) insert—“(1FB) As soon as practicable after the mayoral FRA has prepared a report under subsection (1E), the mayoral FRA must arrange for a copy of the report to be sent to—(a) the chief finance officer;(b) the person who at the time the report is made has the duty to audit the authority’s accounts; and (c) each member of the relevant scrutiny body (which has the same meaning as in Schedule ZA1 to the Fire and Rescue Act 2004).”;(d) in subsection (2), after “section 4A fire and rescue authority” insert “, a mayoral FRA”.Local Government and Housing Act 1989 5B (1) The Local Government and Housing Act 1989 is amended in accordance with this paragraph.(2) In section 67(3) (meaning of “local authority” in Part 5), after paragraph (h) insert—“(ha) a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;(hb) a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;”.(3) In section 155(4) (local authorities that can receive emergency financial assistance), after paragraph (ha) insert— “(hb) a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;(hc) a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;”.”Member's explanatory statement This would bring mayoral combined authorities or CCAs that are fire and rescue authorities within sections 114 and 155 of the Local Government Finance Act 1989 and Part 5 and section 155 of the Local Government and Housing Act 1989.