Legal compliance and governance

Kent and Medway Fire and Rescue Authority is a legally constituted body, and we are committed to meeting all the legislative requirements. We maintain a full compliance register against all relevant legislation.

Key Pieces of Legislation and Guidance

These are the key pieces of legislation relating to the Authority’s governance arrangements and operations as a fire authority are as follows


Accounts and Audit (England) Regulations 2015 - this legislation is what requires the Authority to undertake a review of its systems of governance and internal control. The Annual Governance Statement is the report of this review. Amendments to the regulations were published in 2022 and 2024.

Kent Fire Services (Combination Scheme) Order – this is the Order made by Parliament which first established the Authority. It contains the Constitution of the Authority and prescribes the arrangements for the Authority to take over responsibility for Kent Fire Brigade from Kent County Council on 1 April 1998.

County of Kent Act – this covers access for the fire service to new and extended buildings.

Fire and Rescue Services Act 2004 – this outlines the duties and powers of fire authorities to promote fire safety; fight fires; protect people and property from fires; rescue people from road traffic collisions; deal with other specific emergencies, such as flooding or terrorist attack and other activities in response to the particular needs of their communities and the risks they face.

The Building Safety Act 2022 – this provides a new framework for the design, construction and occupation of “higher risk” buildings (defined as those having at least 18 metres or 7 storeys or more that comprise of at least 2 domestic premises). The Act introduces a strengthened regulatory regime improving accountability, risk management and assurance by ensuring the ‘golden thread’ of safety information regarding how the building has been designed, built and managed is stored and shared throughout the entire life of the building. The Act has 6 Parts, and contains provisions intended to secure the safety of people in or about buildings and to improve the standard of buildings by putting residents at the heart of cultural change in the built environment that will be enforced by the Building Safety Regulator. Amendments to the Building Safety Act were enacted through the Leasehold and Freehold Reform Act 2024.

Regulatory Reform Fire Safety Order 2005 – this covers fire safety in public, commercial and industrial buildings along the common parts of blocks of flats. This is the legislation that gives KFRS powers to undertake fire safety inspections and prosecute breaches of the order. Section 156 of the Buildings Safety Act 2022 makes several amendments to the Regulatory Reform (Fire Safety) Order 2005 (FSO) to improve safety in all buildings regulated by the FSO. These improvements form phase 3 of the Home Office fire safety reform programme.

Civil Contingencies Act 2004 – this sets out the framework for civil protection in the United Kingdom. It imposes a clear set of roles and responsibilities on those organisations with a role to play in preparing for and responding to emergencies. KFRS is one of those organisations.

Fire and Rescue National Framework for England 2018 Section 21 of the Fire and Rescue Services Act 2004 requires the Secretary of State to prepare a Fire and Rescue National Framework which sets priorities and objectives for fire and rescue authorities (FRAs) in England. Published by the Home Office, this presents the government’s priorities and objectives for fire and rescue authorities. FRAs have a statutory duty to have regard to the National Framework and undertake an annual assessment of their compliance with the requirements of the framework. The Statement of Assurance is the assessment of the position of this Authority against the National Framework. This goes to the Fire Authority each October for approval.

Local Government Act 1972 – this makes provision with respect to local government and the functions of local authorities in England and Wales. This legislation sets out the role of the Section 151 Officer (Director of Finance) and the financial regulations under which we operate. The Kent Fire Services (Combination Scheme) Order references the fact that KFRS will abide by the Local Government Act 1972.

Financial Management Code 2019 – provides guidance for good and sustainable financial management in local authorities. The FM Code offers assurance that authorities are managing resources effectively, regardless of their current level of financial risk.

Monitoring and review: our Code will be monitored and reviewed annually by the Head of Policy, alongside the preparation of the Annual Governance Statement. The Code will be reported to the Audit and Governance Committee. Date of review: April 2026


 

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