The Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012

• Citation: S.I. 2012/1647
• Sections: 14

Section 1 Citation and commencement

These Regulations may be cited as the Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012 and shall come into force on the day after the day on which they are made.

Section 2 Interpretation

(1) In these Regulations “ NHS body” has the meaning defined for the purposes of the National Health Service Act 2006 , apart from in Schedule 15 to that Act.

(2) Any reference in these Regulations to a section is a reference to a section of the Localism Act 2011 unless otherwise stated.

Section 3 Relevant authorities

Each of the following bodies in England is specified as a relevant authority for the purposes of section 81(2)(d)—

(a) a metropolitan county fire and rescue authority established under section 26 of the Local Government Act 1985 ,

(b) the London Fire and Emergency Planning Authority,

(c) a fire and rescue authority that is constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 , or

(d) a fire and rescue authority that is constituted by a scheme to which section 4 of that Act applies.

Section 4 Grounds for rejection of expression of interest

The grounds listed in the Schedule are specified for the purposes of section 83(11) (grounds for rejection of expression of interest).

Section 1

The expression of interest does not comply with one or more of the requirements specified in section 81(1) or in regulations made by the Secretary of State under section 81(1)(b) (duty to consider expression of interest).

Section 2

The relevant body provides information in the expression of interest which, in the opinion of the relevant authority, is in a material particular inadequate or inaccurate.

Section 3

The relevant authority considers, based on the information in the expression of interest, that the relevant body or, where applicable, —

(a) any member of the consortium of which it is a part, or

(b) any sub-contractor referred to in the expression of interest,

is not suitable to provide or assist in providing the relevant service.

Section 4

The expression of interest relates to a relevant service where a decision, evidenced in writing, has been taken by the relevant authority to stop providing that service.

Section 5

The expression of interest relates to a relevant service—

(a) provided, in whole or in part, by or on behalf of the relevant authority to persons who are also in receipt of a service provided or arranged by an NHS body which is integrated with the relevant service, and

(b) the continued integration of such services is, in the opinion of the relevant authority, critical to the well-being of those persons.

Section 6

The relevant service is already the subject of a procurement exercise.

Section 7

The relevant authority and a third party have entered into negotiations for provision of the relevant service, which negotiations are at least in part conducted in writing.

Section 8

The relevant authority has published its intention to consider the provision of the relevant service by a body that 2 or more specified employees of that authority propose to establish.

Section 9

The relevant authority considers that the expression of interest is frivolous or vexatious.

Section 10

The relevant authority considers that acceptance of the expression of interest is likely to lead to contravention of an enactment or other rule of law or a breach of statutory duty.