Fire and Rescue Services Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Fire and Rescue Services Bill

Fire and Rescue Services Bill
Part 1 — Fire and rescue authorities
1

A
Bill
To
Make provision about fire and rescue authorities and their functions; to make
provision about employment by, and powers of employees of, fire and rescue
authorities; to make provision about education and training and pension
schemes; to make provision about the supply of water; to make provision
about false alarms of fire; to provide for the funding of advisory bodies; and
for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Fire and rescue authorities
1
Fire and rescue authorities
(1)
The fire and rescue authority for an area is the authority determined under this
section.
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(2)
In England—
(a)
a non-metropolitan county council is the fire and rescue authority for
the county;
(b)
a non-metropolitan district council for an area for which there is no
county council is the fire and rescue authority for the area;
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(c)
the London Fire and Emergency Planning Authority is the fire and
rescue authority for Greater London;
(d)
a metropolitan county fire and civil defence authority is the fire and
rescue authority for the county;
(e)
the Council of the Isles of Scilly is the fire and rescue authority for the
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Isles of Scilly.
(3)
In Wales—
(a)
a county council is the fire and rescue authority for the county;

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Fire and Rescue Services Bill
Part 1 — Fire and rescue authorities
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(b)
a county borough council is the fire and rescue authority for the county
borough.
(4)
This section is subject to sections 2 and 4 (schemes constituting combined fire
and rescue authorities for particular areas).
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Power to create combined fire and rescue authorities
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(1)
The Secretary of State may by order make a scheme constituting a fire and
rescue authority for the combined area of two or more existing fire and rescue
authorities.
(2)
A scheme under this section may be made only if—
(a)
it appears to the Secretary of State that for the purposes of this Act, in
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the interests of greater economy, efficiency and effectiveness, there
should be a single fire and rescue authority for the combined area, or
(b)
the area constitutes a region for the purposes of the Regional
Development Agencies Act 1998 (c. 45).
(3)
A scheme under this section may be made by the Secretary of State—
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(a)
to give effect to a draft scheme submitted to him by the existing
authorities in question, or
(b)
on his own initiative.
(4)
A scheme under this section made as mentioned in subsection (3)(a) may
include any modifications to the draft scheme which seem appropriate to the
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Secretary of State after consulting the existing authorities in question.
(5)
Before making a scheme under this section as mentioned in subsection (3)(b)
the Secretary of State must consult—
(a)
the existing authorities in question, and
(b)
any other persons he considers appropriate.
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(6)
The Secretary of State may by order vary or revoke a scheme under this section
but before doing so must consult—
(a)
any fire and rescue authority which appears to him likely to be affected,
(b)
any other authority which would, apart from the scheme, be a fire and
rescue authority under section 1 and which appears to him likely to be
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affected, and
(c)
any other persons he considers appropriate.
(7)
An order under subsection (6) varying or revoking a scheme may include
provision for the transfer of staff, property, rights and liabilities from the
combined fire and rescue authority to any other fire and rescue authority.
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(8)
The Secretary of State may cause an inquiry to be held—
(a)
before making a scheme as mentioned in subsection (3)(b), or
(b)
before varying or revoking a scheme under this section.
(9)
Subsection (10) applies if—
(a)
an order is made under Part 4 of the Local Government Act 1972 (c. 70),
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Part 2 of the Local Government Act 1992 (c. 19) or section 17 of the
Regional Assemblies (Preparations) Act 2003 (c. 10) in relation to any
area, but
(b)
the order, or any provision of the order, has not come into force.

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Part 1 — Fire and rescue authorities
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(10)
If this subsection applies—
(a)
a scheme under this section may be made as if the order or provision
referred to in subsection (9)(b) were in force, and
(b)
this section has effect in relation to any scheme so made, or proposed to
be so made, as if the order or provision were in force;
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but a scheme so made may not come into force before the order or provision
does.
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Creation of combined fire and rescue authorities: supplementary
(1)
A combined fire and rescue authority constituted under a scheme under
section 2 must be constituted as a body corporate.
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(2)
A scheme under section 2 may, subject to this section, make any
supplementary and incidental provision which the Secretary of State considers
appropriate.
(3)
In particular, a scheme under section 2 may make provision about—
(a)
the composition of the combined authority (including provision for the
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appointment of members by the existing authorities or by the Secretary
of State);
(b)
the proceedings of the combined authority (including different
provision in respect of the voting rights of different categories of
member);
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(c)
the financing of the combined authority (including provision for the
payment of expenses out of a combined fire and rescue service fund
maintained by the existing authorities);
(d)
the discharge of the functions of the combined authority (including
provision for the discharge of functions by committees);
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(e)
officers of the combined authority;
(f)
the acquisition, appropriation and disposal of land by the combined
authority (including provision for the acquisition of land by agreement
or compulsorily);
(g)
the transfer of staff, property, rights and liabilities to or from the
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combined authority;
(h)
the payment of compensation in respect of loss suffered by any person
in consequence of the constitution of the combined authority.
(4)
A scheme under section 2 may not make provision for the appointment by the
Secretary of State of a number of members equal to, or exceeding, half the total
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number of members capable of being appointed.
(5)
If a scheme under section 2 provides for members of a combined authority to
be appointed by the Secretary of State, it must also provide that any decision of
the authority to—
(a)
issue a precept under section 40 of the Local Government Finance Act
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1992 (c. 14), or
(b)
make the calculations required by section 43 of that Act,

must be approved by more than half of the members of the authority not
appointed by the Secretary of State.

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Combined authorities under the Fire Services Act 1947
(1)
This section applies to a scheme approved under section 5 of the Fire Services
Act 1947 (c. 41) (voluntary schemes for combining fire authorities), or made
under section 6 of that Act (combination schemes made by the Secretary of
State), which is in force immediately before the repeal of those sections by this
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Act.
(2)
A scheme to which this section applies continues to have effect despite that
repeal.
(3)
The combined authority constituted by a scheme to which this section applies
is the fire and rescue authority for the area for which it is constituted.
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(4)
The Secretary of State may by order vary or revoke a scheme to which this
section applies.
(5)
Before making an order under subsection (4) in relation to a scheme the
Secretary of State must consult—
(a)
any fire and rescue authority which appears to him likely to be affected,
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(b)
any other authority which would, apart from the scheme, be a fire and
rescue authority under section 1 and which appears to him likely to be
affected, and
(c)
any other persons he considers appropriate.
(6)
Before making an order under subsection (4) revoking a scheme the Secretary
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of State may cause an inquiry to be held.
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Powers of combined fire and rescue authorities
(1)
A fire and rescue authority constituted by a scheme under section 2 or a scheme
to which section 4 applies has power to do anything which is calculated to
facilitate, or is conducive or incidental to, the discharge of any of its functions.
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(2)
Subsection (1) is subject to the provisions of this Act and the scheme.
Part 2
Functions of fire and rescue authorities
Core functions
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Fire safety
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(1)
A fire and rescue authority must make provision for the purpose of promoting
fire safety in its area.
(2)
In making provision under subsection (1) a fire and rescue authority must in
particular, to the extent that it considers it reasonable to do so, make
arrangements for—
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(a)
the provision of information, publicity and encouragement in respect of
the steps to be taken to prevent fires and death or injury by fire;
(b)
the giving of advice, on request, about—
(i)
how to prevent fires and restrict their spread in buildings and
other property;
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Fire and Rescue Services Bill
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(ii)
the means of escape from buildings and other property in case
of fire.
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Fire-fighting
(1)
A fire and rescue authority must make provision for the purpose of—
(a)
extinguishing fires in its area, and
5
(b)
protecting life and property in the event of fires in its area.
(2)
In making provision under subsection (1) a fire and rescue authority must in
particular—
(a)
secure the provision of the personnel, services and equipment
necessary efficiently to meet all normal requirements;
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(b)
secure the provision of training for personnel;
(c)
make arrangements for dealing with calls for help and for summoning
personnel;
(d)
make arrangements for obtaining information needed for the purpose
mentioned in subsection (1);
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(e)
make arrangements for ensuring that reasonable steps are taken to
prevent or limit damage to property resulting from action taken for the
purpose mentioned in subsection (1).
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Road traffic accidents
(1)
A fire and rescue authority must make provision for the purpose of—
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(a)
rescuing people in the event of road traffic accidents in its area;
(b)
protecting people from serious harm, to the extent that it considers it
reasonable to do so, in the event of road traffic accidents in its area.
(2)
In making provision under subsection (1) a fire and rescue authority must in
particular—
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(a)
secure the provision of the personnel, services and equipment
necessary efficiently to meet all normal requirements;
(b)
secure the provision of training for personnel;
(c)
make arrangements for dealing with calls for help and for summoning
personnel;
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(d)
make arrangements for obtaining information needed for the purpose
mentioned in subsection (1);
(e)
make arrangements for ensuring that reasonable steps are taken to
prevent or limit damage to property resulting from action taken for the
purpose mentioned in subsection (1).
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Emergencies
(1)
The Secretary of State may by order confer on a fire and rescue authority
functions relating to emergencies, other than fires and road traffic accidents in
relation to which the authority has functions under section 7 or 8.
(2)
An order under this section may require functions conferred on a fire and
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rescue authority under this section to be discharged outside the authority’s
area.

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(3)
An order under this section may make provision as to what a fire and rescue
authority must or may do for the purpose of a function conferred under this
section, and may in particular require or authorise a fire and rescue authority—
(a)
to secure the provision of personnel, services and equipment;
(b)
to secure the provision of training for personnel;
5
(c)
to make arrangements for dealing with calls for help and for
summoning personnel;
(d)
to make arrangements for obtaining information needed for the
purpose of discharging the function;
(e)
to make arrangements for ensuring that reasonable steps are taken to
10
prevent or limit damage to property resulting from discharging the
function.
(4)
An order under this section may confer a function, including a function of
providing particular equipment, on a particular authority.
(5)
Before making an order under this section the Secretary of State must consult
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any persons he considers appropriate.
Other functions
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Directions relating to particular fires and emergencies
(1)
The Secretary of State may direct a fire and rescue authority to take, or not to
take, action specified in the direction in relation to—
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(a)
a fire specified in the direction, or
(b)
an emergency of another kind specified in the direction.
(2)
A direction under this section may require a fire and rescue authority to act
outside the authority’s area.
(3)
A direction under this section may be varied or revoked by a further such
25
direction.
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Power to respond to other eventualities
(1)
A fire and rescue authority may take any action it considers appropriate—
(a)
in response to an event or situation of a kind mentioned in subsection
(2);
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(b)
for the purpose of enabling action to be taken in response to such an
event or situation.
(2)
The event or situation is one that causes or is likely to cause—
(a)
one or more individuals to die, be injured or become ill;
(b)
harm to the environment (including the life and health of plants and
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animals).
(3)
The power conferred by subsection (1) includes power to secure the provision
of equipment.
(4)
The power conferred by subsection (1) may be exercised by an authority
outside as well as within the authority’s area.
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