Issue - meetings

Contact Officer: Colin Thomas, Head of Fire & Rescue Service Support, Tel: (01865) 855206

1.20 pm, or on the rising of the Safer and Stronger Communities Scrutiny Committee if later

The Cabinet Member for Safer and Stronger Communities is RECOMMENDED to approve the transfer of New Dimension Assets and Functions as specified in Contract Number FRD/ND/TOA/FS/34, subject to no further adverse issues arising, in which case the Chief Fire Officer will use delegated authority to refuse the transfer until the risks are identified as acceptable.

The Cabinet Member for Safer & Stronger Communities AGREED to approve the transfer of New Dimension Assets and Functions as specified in Contract Number FRD/ND/TOA/FS/34 subject to:

·        no further adverse issues arising, in which case the Chief Fire Officer will use delegated authority to refuse the transfer until the risks are identified as acceptable.

·        the provision by OCC legal services of a supporting letter to Communities and Local Government clarifying that the agreement is subject to three caveats:

·        continued annual funding of Oxfordshire Fire and Rescue Authority at a minimum of the current levels identified in Fire Service Circular 78/2009 (adjusted for inflation annually) via section 31 grant or another alternative mechanism which results in identifiable and additional funding to the authority of equal value.

·        confirmation by Communities and Local Government that the transfer relates to the assets only and not function, in that CLG confirms the comments in the letter responding to Mr John Bonney dated 17th November 2009 in which they state " To be clear, the intention of the Department is for FRAs to own the assets and have an obligation to use the national maintenance contract. There is no intention by Government to impose or confer statutory duties of any sort on the FRAs through this transfer. Any such duties in the future would be for the appropriate statutory instruments".

·        agreement of the value and the valuation mechanism for the assets being transferred.

The Cabinet Member for Safer & Stronger Communities AGREED to approve the transfer of New Dimension Assets and Functions as specified in Contract Number FRD/ND/TOA/FS/34 subject to:

·        no further adverse issues arising, in which case the Chief Fire Officer will use delegated authority to refuse the transfer until the risks are identified as acceptable.

·        the provision by OCC legal services of a supporting letter to Communities and Local Government clarifying that the agreement is subject to three caveats:

·        continued annual funding of Oxfordshire Fire and Rescue Authority at a minimum of the current levels identified in Fire Service Circular 78/2009 (adjusted for inflation annually) via section 31 grant or another alternative mechanism which results in identifiable and additional funding to the authority of equal value.

·        confirmation by Communities and Local Government that the transfer relates to the assets only and not function, in that CLG confirms the comments in the letter responding to Mr John Bonney dated 17th November 2009 in which they state " To be clear, the intention of the Department is for FRAs to own the assets and have an obligation to use the national maintenance contract. There is no intention by Government to impose or confer statutory duties of any sort on the FRAs through this transfer. Any such duties in the future would be for the appropriate statutory instruments".

·        agreement of the value and the valuation mechanism for the assets being transferred.