French General Code of Local Authorities
In forceI. - Articles L. 1424-1 to L. 1424-13, L. 1424-17 to L. 1424-19, L. 1424-22, L. 1424-24 to L. 1424-44, L. 1424-46 et L. 1424-48 to L. 1424-50 shall apply in Mayotte from 1 January 2014, subject to the adaptations provided for in II of this Article.
II. - For the application to Mayotte of the articles mentioned in I:
1° In Article L. 1424-12, the second sentence of the second paragraph is deleted;
2° Article L. 1424-13 reads as follows:
"Art. L. 1424-13. - On the date of the first meeting of the board of directors of the departmental fire and rescue service, the agents of the Department of Mayotte who come under the professional fire brigade employment frameworks, the volunteer fire brigades as well as the administrative, technical and specialised staff of the local civil service, who perform their duties in the fire and rescue service of the General Council of Mayotte, are deemed to come under the departmental fire and rescue service, under the conditions of status and employment that are theirs.
"On the date of the first meeting of the board of directors of the departmental fire and rescue service, the duties of the agents occupying the posts of director and deputy director of the fire and rescue service of the General Council of Mayotte are terminated ipso jure. ";
3° The first three paragraphs of Article L. 1424-17 read as follows:
"The assets allocated by the General Council to the operation of the Mayotte Fire and Rescue Service and required for the operation of the Departmental Fire and Rescue Service are made available to the latter, free of charge, from the date set by an agreement, subject to the provisions of Article L. 1424-19.
"This agreement concluded between, on the one hand, the General Council of Mayotte and, on the other hand, the departmental fire and rescue service governs the terms and conditions of the provision, which must take place within one year of the first meeting of the board of directors of the departmental fire and rescue service.
"On the date of the first meeting of its board of directors, the departmental fire and rescue service succeeds the Mayotte General Council in its rights and obligations in terms of fire and rescue. As such, it is substituted for it in contracts of any kind entered into for the development, operation, maintenance or conservation of the property placed at its disposal, as well as for the operation of the services. This substitution is notified by the General Council of Mayotte to its co-contractors. ";
4° Article L. 1424-18 is amended as follows:
a) In the first sentence, the words: "the municipality or the public establishment for inter-municipal cooperation or" are deleted;
b) In the second sentence, the words: "the municipality, the public establishment for inter-municipal cooperation or" are deleted;
5° Article L. 1424-22 reads as follows:
"Art. L. 1424-22. - If the agreement provided for in Article L. 1424-17 has not been signed within the timeframe set in that same article, the State representative in the department shall, within a period of six months, settle the situation of the assets made available to the departmental fire and rescue service, after consulting the local committee mentioned in Article L. 1711-3.
"Its decision shall be notified to the president of the general council and the president of the board of directors of the departmental fire and rescue service within a period of one month. ";
6° Article L. 1424-35 is amended as follows:
a) The fifth to penultimate paragraphs are worded as follows:
"From 2015, the provisional amount of the contributions mentioned in the fourth paragraph, decided by the board of directors of the departmental fire and rescue service, is notified to the mayors and presidents of the public establishments for inter-communal cooperation before 1 January of the year in question.
"From 2015, the overall amount of contributions from the communes and public establishments for inter-municipal cooperation takes into account the respective charges of the Mayotte General Council, the communes and the public establishments for inter-municipal cooperation.
"For the 2015 financial year, if no decision is taken under the conditions provided for in the third paragraph, the contribution from each commune and each public establishment for inter-municipal cooperation is calculated, under conditions set by decree, according to the size of its population, its per capita tax potential and its charges. ";
b) At the beginning of the last paragraph, the following words are added: "As from 2016,";
7° Article L. 1424-36 is worded as follows:
"Art. L. 1424-36. - Until the entry into force of the agreement provided for in Article L. 1424-17, the minimum amount of direct and indirect expenditure relating to the assets mentioned in that same article, excluding the contributions mentioned in Article L. 1424-35, made each year by the Department of Mayotte is set by an agreement between the departmental fire and rescue service, on the one hand, and the General Council of Mayotte, on the other.
"In the absence of an agreement and until the agreement provided for in Article L. 1424-17 comes into force, the minimum amount of expenditure mentioned in the first paragraph of this article is set by the board of directors of the departmental fire and rescue service, taking into account the respective burdens of the Department of Mayotte and the communes. ";
8° In the first paragraph of Article L. 1424-41, the words: "on 1 January 1996" are replaced by the words: "on the date of the first meeting of the board of directors of the departmental fire and rescue service";
9° At the end of the first paragraph of Article L. 1424-44, the words: "within five years of the promulgation of Law no. 96-369 of 3 May 1996 relating to fire and rescue services" are deleted;
10° Article L. 1424-46 reads as follows:
"Art. L. 1424-46. - A prefiguration commission comprising:
" 1° The representative of the State in Mayotte or his representative;
" 2° The regional director of public finance in Mayotte or his representative;
" 3° The director of the fire and rescue service in Mayotte or his representative;
" 4° The president of the general council or his representative ;
" 5° Nine general councillors or their representatives, appointed by the president of the general council;
" 6° Six mayors or their representatives, appointed by an association representing all mayors in Mayotte;
" 7° One firefighter representing professional firefighters;
" 8° One firefighter representing volunteer firefighters.
" This commission is chaired by the representative of the State in Mayotte or his representative; he sets, by order, its organisational and operational procedures.
" The commission is responsible for:
" a) Preparing the agreement for the provision of the assets mentioned in Article L. 1424-17;
" b) Deliberating, in compliance with the conditions laid down in Article L. 1424-24-1, on the number and distribution of seats on the board of directors of the departmental fire and rescue service between the department, the municipalities and the public establishments for inter-municipal cooperation, where applicable.
" The chairman of the commission sets, by decree, the distribution of seats, in the light of the deliberation referred to in b.
"The commission carries out its duties until the election of the members of the board of directors of the departmental fire and rescue service.
"By way of derogation from Article L. 1424-24-2, the election of the members of the board of directors of the departmental fire and rescue service takes place within four months of the first general renewal of the municipal councils as of the promulgation of Law no. 2013-1029 of 15 November 2013 containing various provisions relating to overseas France. The first meeting of the board of directors takes place within the same timeframe.
"Until the first meeting of the board of directors of the departmental fire and rescue service, elected under the conditions provided for in this article, the operation of the fire and rescue service remains governed by Articles LO 6161-27 to L. 6161-41. ";
11° Article L. 1424-48 reads as follows:
"Art. L. 1424-48. - On the date of the first meeting of its board of directors, the departmental fire and rescue service is automatically substituted for the fire and rescue service of the General Council of Mayotte, referred to in Article LO 6161-27. "
