The Transfer of Functions (Fire and Rescue Services) Order 2025
The Transfer of Functions (Fire and Rescue Services) Order 2025 transfers the responsibility for fire and rescue services from the Home Secretary to the Secretary of State for Housing, Communities and Local Government, effective June 3, 2025.
This includes the transfer of all associated property, rights, liabilities, and ongoing processes.
The order clarifies the effective continuation of any ongoing actions and the use of existing documentation after this transfer of responsibilities.
Existing legislation is adjusted to reflect these changes, and the order makes clear that nothing in this order interferes with the activities of the devolved nations.
Arguments For
Improved Coordination: Transferring responsibility to the Secretary of State for Housing, Communities and Local Government could streamline the management of fire and rescue services, potentially improving coordination with other local services.
Enhanced Local Focus: The transfer might place more emphasis on local approaches to fire safety, resulting in better responsiveness to community-specific needs.
Streamlined Governance: Consolidating responsibilities could simplify governance structures and reduce bureaucratic overlap.
Legal Basis: The transfer is authorized under Section 2 of the Ministers of the Crown Act 1975, providing a clear legal framework for the change.
Government Efficiency: The transfer aims to improve the efficiency of government by consolidating relevant responsibilities within a single department.
Arguments Against
Potential for Disruption: The transfer of responsibilities might cause initial disruption to fire and rescue services as operations are realigned.
Loss of Specialized Expertise: Shifting away from the Home Office, which has specialized knowledge of emergency services, might result in a loss of critical expertise.
Unforeseen Consequences: The impact of the transfer on local fire departments, funding allocation, and service delivery may not be fully predictable.
Impact on Devolved Administrations: Although the document indicates no change to devolved administrations, it may still cause unexpected or indirect cascading implications.
Lack of Public Consultation: The absence of details regarding any public consultation raises concerns about stakeholder input and the potential for unaddressed grievances.
Citation and commencement1.
(1)
This Order may be cited as the Transfer of Functions (Fire and Rescue Services) Order 2025.
(2)
This Order comes into force on 3rd June 2025.
This section establishes the official title of the Order as the "Transfer of Functions (Fire and Rescue Services) Order 2025" and sets its effective date as June 3, 2025.
Interpretation2.
In this Order—
“fire and rescue function” means a function which—
(a)
was entrusted to the Home Secretary immediately before 1st April 2025, and
(b)
has been entrusted to the Secretary of State for Housing, Communities and Local Government before the making of this Order;
“the Home Secretary” means the Secretary of State for the Home Department;
“instrument” includes Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.
This section defines key terms used throughout the Order. "Fire and rescue function" refers to responsibilities for fire and rescue services that were previously with the Home Secretary and then transferred prior to this order. "The Home Secretary" is defined as the Secretary of State for the Home Department. "Instrument" has a broad definition encompassing various legal and administrative documents.
Provision supplemental to the transfer of functions from the Home Secretary to the Secretary of State for Housing, Communities and Local Government3.
(1)
There are transferred to the Secretary of State for Housing, Communities and Local Government all property, rights and liabilities to which the Home Secretary is entitled or subject at the coming into force of this Order in connection with a fire and rescue function.
(2)
Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Home Secretary may, so far as it relates to a fire and rescue function or anything transferred by paragraph (1), be continued by or in relation to the Secretary of State for Housing, Communities and Local Government.
(3)
Anything done (or having effect as if done) by or in relation to the Home Secretary in connection with a fire and rescue function or anything transferred by paragraph (1) has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Housing, Communities and Local Government.
(4)
Documents or forms printed for use in connection with a fire and rescue function may be used in connection with the exercise of that function by the Secretary of State for Housing, Communities and Local Government even though they contain, or are to be read as containing, references to the Home Secretary; and for the purposes of the use of any such documents or forms in connection with the exercise of that function by the Secretary of State for Housing, Communities and Local Government, those references are to be read as references to the Secretary of State for Housing, Communities and Local Government.
(5)
Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as necessary for the purposes of or in consequence of the entrusting of a fire and rescue function to the Secretary of State for Housing, Communities and Local Government or for the purposes of or in consequence of paragraph (1), as if references to the Home Secretary (and references which are to be read as references to the Home Secretary) were or included references to the Secretary of State for Housing, Communities and Local Government.
(6)
This article does not affect the validity of anything done (or having effect as if done) by or in relation to the Home Secretary before the coming into force of this Order.
(7)
In paragraphs (2) to (6)—
(a)
references to the Home Secretary are to be read as including references to the department or an officer of the Home Secretary, and
(b)
references to the Secretary of State for Housing, Communities and Local Government are to be read as including references to the department or an officer of the Secretary of State for Housing, Communities and Local Government accordingly.
These clauses provide detailed supplemental provisions regarding the transfer.
Clause (1) transfers all related property, rights, and liabilities.
Clause (2) allows ongoing actions to continue under the new responsible party.
Clause (3) validates prior actions and reads such actions as being accomplished by the new responsible party.
Clause (4) allows use of existing documents that reference the former authority.
Clause (5) updates prior legislation to reflect the new responsibilities.
Clause (6) protects the validity of past actions under the former authority.
Clause (7) clarifies that references to "Secretary of State" and "Home Secretary" include their departments and officers.
This Order, made under section 2 of the Ministers of the Crown Act 1975, provides for the transfer of property, rights and liabilities from the Home Secretary to the Secretary of State for Housing, Communities and Local Government, in consequence of the transfer of functions in relation to fire and rescue services from the Home Secretary to the Secretary of State for Housing, Communities and Local Government.
Nothing in this Order alters the functions of the Welsh Ministers, the Scottish Ministers or the devolved authorities in Northern Ireland.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.
The explanatory note clarifies that the Order's purpose is the transfer of property, rights, and liabilities related to fire and rescue services, resulting from the prior transfer of duties.
Importantly, it states the Order does not affect the roles of devolved administrations in Wales, Scotland, or Northern Ireland.
Finally, it notes that an impact assessment was not conducted due to an anticipated lack of impact on the private and voluntary sectors.