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A
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Bill
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To
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confer
power on the Secretary of State to set or modify the conditions of
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service of members of fire brigades
and to give directions to fire authorities.
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Be
it enacted by the Queen’s most Excellent Majesty, by and
with the advice and
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consent of the Lords Spiritual and
Temporal, and Commons, in this present
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Parliament assembled, and by the authority
of the same, as follows:—
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1 Powers
of the Secretary of State
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(1) The
Secretary of State may by order made by statutory instrument do one or
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both of the following—
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(a) fix
or modify the conditions of service of fire brigade members;
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(b) give
specific or general directions to fire authorities about the use or
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disposal of property or facilities.
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(2) The
provision that may be contained in directions given by virtue of subsection
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(1)(b) includes—
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(a) provision
about the use or disposal by a fire authority of property or
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facilities belonging to that authority;
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(b) provision
about the use by a fire authority of property or facilities
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belonging to another fire authority
or to any other person who has
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made the property or facilities available,
or is willing to do so; and
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(c) provision
requiring payments to be made by a fire authority to another
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fire authority, or to any other person,
in respect of the use of property
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or facilities.
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(3) Before
making an order under this section that fixes or modifies conditions of
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service of fire brigade members, the
Secretary of State must, if there appears to
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him to be a negotiating body—
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(a) submit
his proposals for an order to that body;
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(b) allow
that body at least twenty-one days to report to him about the
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opinions of the members of that body
on the proposals; and
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(c) consider
any report made to him by that body within the period he has
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allowed.
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(4) Before
making an order under this section containing a direction about the use
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of property or facilities, the Secretary
of State must consult such persons who—
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(a) are,
in his opinion, likely to be affected by the proposed direction, or
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(b) represent
persons who are, in his opinion, likely to be so affected,
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as
he thinks fit.
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(5) The
power to make an order under this section includes power—
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(a) to
make provision with retrospective effect fixing or modifying the pay
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or allowances of fire brigade members
(including provision having
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effect from a time before the passing
of this Act);
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(b) to
make different provision for different cases (including power to
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make an order containing a direction
applicable only to one or more
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particular fire authorities);
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(c) to
make provision subject to exemptions and exceptions; and
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(d) to
make incidental, supplemental, consequential and transitional
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provision.
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(6) The
power to include retrospective provision in an order under this section
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does not include power retrospectively
to reduce the pay and allowances
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payable to a person.
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(7) A
statutory instrument containing an order under this section that makes
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provision authorised by subsection
(1)(a) shall be subject to annulment in
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pursuance of a resolution of either
House of Parliament.
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(8) It
shall be the duty of a fire authority to comply with a direction contained
in
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an order under this section.
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2 Supplemental
provisions
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(1) This
Act may be cited as the Fire Services Act 2003.
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(2) In
this Act—
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“conditions
of service” includes, in particular, conditions of service
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relating
to pay and allowances, hours of duty or leave;
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“fire
authority” means—
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(a) an
authority which is a fire authority within the meaning of the
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Fire
Services Act 1947 (c. 41) (read with paragraph 2 of Schedule
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11
to the Local Government Act 1985 (c. 51)); or
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(b) the
Fire Authority for Northern Ireland;
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“fire
brigade” means—
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(a) a
fire brigade maintained under the Fire Services Act 1947; or
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(b) the
fire brigade within the meaning of the Fire Services
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(Northern
Ireland) Order 1984 (S.I. 1984/1821 (N.I. 11));
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“fire
brigade member” means any member of a fire brigade (including a
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member
whose employment as such is only temporary);
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“negotiating
body” means a body of persons which—
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(a) includes
both persons representing the interests of some or all
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fire
authorities and persons representing the interests of some
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or
all fire brigade members; and
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(b) is
constituted in accordance with what appear to the Secretary
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of
State to be appropriate arrangements for the negotiation of
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the
conditions of service of fire brigade members.
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(3) References
in this Act to property or facilities belonging to a person include
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references to—
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(a) land
occupied by that person; and
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(b) equipment
or other assets or facilities the use of which is under the
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control of that person.
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(4) The
powers conferred by this Act are in addition to those conferred by the
Fire
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Services Act 1947 (c. 41), the
Fire Services (Northern Ireland) Order 1984
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(S.I. 1984/1821 (N.I. 11)) or
any other enactment or instrument passed or made
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before the passing of this Act.
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(5) There
shall be paid out of money provided by Parliament any increase attributable
to
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this
Act in the sums which are payable out of money so provided under any other
Act.
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(6) This
Act extends to England and Wales and Northern Ireland only.
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