|
| |
|
| |
(1) | Her Majesty may by Order in Council appoint inspectors, and the Secretary of |
| |
State may appoint assistant inspectors and other officers, for the purpose of |
| |
obtaining information as to— |
| |
(a) | the manner in which fire and rescue authorities are discharging their |
| 5 |
| |
(b) | technical matters relating to those functions. |
| |
(2) | The Secretary of State may pay to persons appointed under this section remuneration |
| |
| |
(3) | A person appointed under section 24 of the Fire Services Act 1947 (c. 41) is to |
| 10 |
be taken to have been appointed under this section. |
| |
| |
28 | Equipment, facilities, services and organisations |
| |
(1) | The Secretary of State may provide and maintain, or contribute to the provision |
| |
and maintenance of, any equipment, facilities and services he considers |
| 15 |
appropriate for promoting the economy, efficiency and effectiveness of fire |
| |
| |
(2) | The Secretary of State may establish and maintain, or contribute to the |
| |
establishment and maintenance of, any organisations he considers appropriate |
| |
for promoting the economy, efficiency and effectiveness of fire and rescue |
| 20 |
| |
(3) | Charges may be imposed for the use of equipment, facilities and services |
| |
| |
(a) | the Secretary of State under subsection (1), or |
| |
(b) | an organisation established or maintained by him. |
| 25 |
(4) | The Secretary of State may by order make provision requiring one or more fire |
| |
| |
(a) | to use and maintain equipment and facilities specified in the order or of |
| |
a description specified in the order; |
| |
(b) | to use services specified in the order or of a description specified in the |
| 30 |
| |
(5) | Before making an order under this section the Secretary of State must consult |
| |
any persons he considers appropriate. |
| |
29 | Directions for public safety purposes |
| |
(1) | The Secretary of State may, if he considers it necessary for the purposes of |
| 35 |
public safety, by order give general or specific directions to one or more fire |
| |
and rescue authorities about the use or disposal of property or facilities. |
| |
(2) | The provision that may be contained in a direction under subsection (1) given |
| |
to an authority includes— |
| |
(a) | provision about the use or disposal by the authority of property or |
| 40 |
facilities belonging to or under the control of the authority; |
| |
(b) | provision about the use by the authority of property or facilities |
| |
belonging to or under the control of another fire and rescue authority |
| |
|
| |
|
| |
|
or a person who has made the property or facilities available (or is |
| |
| |
(c) | provision requiring payments to be made by the authority to another |
| |
fire and rescue authority or to any other person, in respect of the use of |
| |
| 5 |
(3) | The references in subsection (2) to property or facilities belonging to a person |
| |
include land occupied by the person. |
| |
(4) | Before making an order under this section the Secretary of State must consult |
| |
any persons he considers appropriate. |
| |
| 10 |
30 | Training institution and centres |
| |
(1) | The Secretary of State may establish and maintain— |
| |
(a) | a central training institution, and |
| |
(b) | one or more local training centres, |
| |
| for one or more of the purposes mentioned in subsection (2). |
| 15 |
| |
(a) | the provision of education and training to employees of fire and rescue |
| |
| |
(b) | the provision of advice and assistance to fire and rescue authorities in |
| |
connection with the provision of such education and training; |
| 20 |
(c) | the supervision and regulation of the provision of such education and |
| |
| |
(d) | the provision of education and training to persons who provide (or are |
| |
to provide) such education and training; |
| |
(e) | the provision of education and training (in the United Kingdom or |
| 25 |
elsewhere) to persons who are not employees of fire and rescue |
| |
authorities in matters in relation to which fire and rescue authorities |
| |
| |
(f) | the provision of advice and assistance (in the United Kingdom or |
| |
elsewhere) in connection with the provision of such education and |
| 30 |
| |
| |
| |
| |
| 35 |
(1) | The Secretary of State may by regulations make provision for the establishment |
| |
of one or more bodies of persons (negotiating bodies) for the purpose of |
| |
negotiating the conditions of service of employees of fire and rescue |
| |
| |
(2) | Regulations under this section must provide for a negotiating body established |
| 40 |
by the regulations to be composed of— |
| |
|
| |
|
| |
|
(a) | persons representing the interests of some or all fire and rescue |
| |
| |
(b) | persons representing the interests of some or all employees of fire and |
| |
| |
(c) | an independent chairman. |
| 5 |
(3) | A chairman is independent for the purposes of subsection (2) if he is not— |
| |
(a) | a member or employee of a fire and rescue authority; |
| |
(b) | a Minister of the Crown; |
| |
(c) | a person employed in the civil service of the State; |
| |
(d) | a member or employee of a body representing the interests of some or |
| 10 |
all employees of fire and rescue authorities. |
| |
(4) | Subsection (5) applies if— |
| |
(a) | a negotiating body is established under this section, and |
| |
(b) | the body includes persons representing the interests of employees of a |
| |
| 15 |
(5) | An agreement as to the conditions of service of employees of that description |
| |
| |
(a) | by or on behalf of a fire and rescue authority, and |
| |
(b) | by or on behalf of employees of the description concerned, |
| |
| is a legally enforceable contract only if its terms were negotiated by means of |
| 20 |
| |
(6) | Subsection (5) has effect despite section 179 of the Trade Union and Labour |
| |
Relations (Consolidation) Act 1992 (c. 52) (enforceability of collective |
| |
| |
(7) | Before making regulations under this section the Secretary of State must |
| 25 |
consult any persons he considers appropriate. |
| |
| |
(1) | The Secretary of State may issue guidance to negotiating bodies in connection |
| |
with the negotiation of the conditions of service of employees of fire and rescue |
| |
| 30 |
(2) | Negotiating bodies must have regard to any guidance issued under this section |
| |
in negotiating the conditions of service of employees of fire and rescue |
| |
| |
(3) | In this section “negotiating body” means a negotiating body established under |
| |
section 31 or any other body of persons which— |
| 35 |
(a) | includes both persons representing the interests of some or all fire and |
| |
rescue authorities and persons representing the interests of some or all |
| |
employees of fire and rescue authorities, and |
| |
(b) | is constituted in accordance with what appear to the Secretary of State |
| |
to be appropriate arrangements for the negotiation of the conditions of |
| 40 |
service of employees of fire and rescue authorities. |
| |
|
| |
|
| |
|
| |
| |
(1) | The Secretary of State may by order bring into operation one or more schemes |
| |
making provision for the payment of pensions, allowances and gratuities to or |
| |
| 5 |
(a) | persons who are or have been employed by a fire and rescue authority |
| |
or by a Scottish fire authority; |
| |
(b) | persons who die while so employed. |
| |
(2) | A scheme brought into operation under this section may in particular— |
| |
(a) | provide for the classes of person in respect of whose service awards |
| 10 |
| |
(b) | provide for treating employment that is not employment by a fire and |
| |
rescue authority or by a Scottish fire authority as if it were such |
| |
employment for any purpose of the scheme, to the extent specified in |
| |
the scheme and subject to any conditions specified in the scheme; |
| 15 |
(c) | provide for the making of contributions by employers and by persons |
| |
in respect of whose service awards may be made; |
| |
(d) | provide for the repayment of any such contributions or their |
| |
application for the benefit of persons of a specified description; |
| |
(e) | provide for the making of payments by the Secretary of State, fire and rescue |
| 20 |
authorities and Scottish fire authorities into a fund to which contributions |
| |
have been made under the scheme; |
| |
(f) | provide for substituting the Secretary of State for a fire and rescue |
| |
authority or a Scottish fire authority, for any purpose of the scheme; |
| |
(g) | provide for the making to a fire and rescue authority, a Scottish fire |
| 25 |
authority or the Secretary of State of payments in respect of a person’s |
| |
previous service, including provision for such payments to be made by |
| |
| |
(h) | provide for any such payments to be reimbursed out of a fund to which |
| |
contributions have been made in respect of the previous service to |
| 30 |
which the payments related; |
| |
(i) | provide for the payment and receipt by fire and rescue authorities or |
| |
Scottish fire authorities of transfer values or of other lump sum |
| |
payments made for the purpose of creating or restoring rights to |
| |
pensions, allowances and gratuities; |
| 35 |
(j) | provide for conditions subject to which an award under the scheme |
| |
may be made, for the manner in which questions arising under the |
| |
scheme are to be determined and for appeals from determinations of |
| |
| |
(k) | provide for excluding or modifying rights to compensation or damages |
| 40 |
in respect of injuries, in cases where awards are made under the scheme |
| |
in respect of the injuries; |
| |
(l) | make incidental, supplemental, consequential and transitional |
| |
| |
(3) | An order under this section may vary or revoke a scheme brought into |
| 45 |
operation by an order under this section. |
| |
(4) | Before making, varying or revoking an order under this section the Secretary |
| |
of State must consult any persons he considers appropriate. |
| |
|
| |
|
| |
|
(5) | A person commits an offence if he does an act or makes an omission as a result |
| |
of which he is injured or becomes ill, for the purpose of obtaining, for himself |
| |
| |
(a) | an award under a scheme brought into operation under this section, or |
| |
(b) | a sum in respect of the repayment or application of contributions made |
| 5 |
| |
(6) | A person guilty of an offence under subsection (5) is liable— |
| |
(a) | on summary conviction— |
| |
(i) | in England and Wales, to imprisonment for a term not |
| |
exceeding 12 months or a fine not exceeding the statutory |
| 10 |
| |
(ii) | in Scotland, to imprisonment for a term not exceeding 3 months |
| |
or a fine not exceeding the statutory maximum; |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
| 15 |
(7) | A scheme brought into operation under this section may authorise the |
| |
forfeiture of the whole or part of an award or sum obtained by a person who |
| |
has been convicted of an offence under subsection (5). |
| |
(8) | In relation to an offence under subsection (5) committed before the |
| |
commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the |
| 20 |
reference in subsection (6)(a) to 12 months is to be read as a reference to 3 |
| |
| |
(9) | In this section and section 34 “Scottish fire authority” means— |
| |
(a) | a fire authority which is a council constituted under section 2 of the |
| |
Local Government etc. (Scotland) Act 1994 (c. 39), or |
| 25 |
(b) | a joint board constituted by virtue of section 36(4)(b) of the Fire Services |
| |
Act 1947 (c. 41) or section 147(4) of the Local Government (Scotland) |
| |
| |
34 | Information in connection with pensions etc |
| |
(1) | A fire and rescue authority or a Scottish fire authority may in prescribed |
| 30 |
| |
(a) | provide information in connection with the questions mentioned in |
| |
subsection (2) to a prescribed person; |
| |
(b) | require a person to whom information is provided under paragraph (a) |
| |
to pay a reasonable fee in respect of any administrative expenses |
| 35 |
incurred in providing it. |
| |
(2) | These are the questions— |
| |
(a) | whether an individual who has opted or transferred out has suffered |
| |
loss as a result of a contravention which is actionable under section 150 |
| |
of the Financial Services and Markets Act 2000 (c. 8) (actions for |
| 40 |
damages in respect of contravention of rules etc.); |
| |
(b) | if so, what payment would need to be made in respect of that |
| |
individual to the fire and rescue authority or Scottish fire authority |
| |
concerned to restore the position to what it would have been if the |
| |
individual had not opted or transferred out. |
| 45 |
(3) | Subsection (4) applies if— |
| |
|
| |
|
| |
|
(a) | an individual who has opted or transferred out becomes entitled to |
| |
make contributions to a fire and rescue authority or Scottish fire |
| |
authority under a scheme brought into operation under section 33, or |
| |
(b) | a payment is made to a fire and rescue authority or Scottish fire |
| |
authority in respect of such an individual to restore the position to what |
| 5 |
it would have been if the individual had not opted or transferred out. |
| |
(4) | The fire and rescue authority or Scottish fire authority may require a prescribed |
| |
person to pay a reasonable fee in respect of any administrative expenses |
| |
incurred in connection with the entitlement or payment. |
| |
(5) | An individual is taken to have opted or transferred out for the purposes of this |
| 10 |
| |
(a) | for any period during which he is employed by a fire and rescue |
| |
authority or Scottish fire authority, he does not make contributions to a |
| |
scheme brought into operation under section 33 but instead makes |
| |
contributions to a personal pension scheme, or |
| 15 |
(b) | a transfer value is paid in respect of him to a personal pension scheme |
| |
by a fire and rescue authority or Scottish fire authority. |
| |
| |
| “personal pension scheme” has the meaning given by section 1 of the |
| |
Pension Schemes Act 1993 (c. 48); |
| 20 |
| “prescribed” means prescribed by regulations made by the Secretary of |
| |
State for the purposes of this section. |
| |
35 | Preservation of existing pension scheme |
| |
(1) | The Secretary of State may by order provide for the scheme established under |
| |
section 26 of the Fire Services Act 1947 (c. 41) (Firemen’s Pension Scheme) to |
| 25 |
continue in force despite the repeal by this Act of that section. |
| |
(2) | An order under this section may provide for any enactment amended or |
| |
repealed by this Act to continue in effect in relation to that scheme unmodified |
| |
or with any modifications specified in the order. |
| |
(3) | An order under this section may in particular make new provision for the |
| 30 |
| |
(4) | This section does not affect any other power in this Act to make transitional or |
| |
| |
| |
36 | Prohibition on employment of police |
| 35 |
No member of a police force may be employed by a fire and rescue authority |
| |
for the purpose of discharging any of the authority’s functions under this Act. |
| |
|
| |
|
| |
|
| |
| |
37 | Duty to secure water supply etc |
| |
(1) | A fire and rescue authority must take all reasonable measures for securing that |
| |
an adequate supply of water will be available for the authority’s use in the |
| 5 |
| |
(2) | A fire and rescue authority may use any suitable supply of water for the |
| |
purposes of extinguishing a fire or protecting life or property in the event of a |
| |
fire (but must pay reasonable compensation for the water). |
| |
(3) | Subsection (2) is subject to— |
| 10 |
(a) | an agreement under section 38 or 40; |
| |
(b) | section 147 of the Water Industry Act 1991 (c. 56) (charging for |
| |
| |
38 | Supply of water by water undertakers |
| |
(1) | A fire and rescue authority may enter into an agreement with a water |
| 15 |
undertaker for the purposes of section 37(1). |
| |
(2) | An agreement under subsection (1) may include terms as to payment to be |
| |
made to the undertaker, subject to section 147 of the Water Industry Act 1991 |
| |
(charging for emergency use of water). |
| |
(3) | A water undertaker must enter into any agreement reasonably proposed by a |
| 20 |
fire and rescue authority under subsection (1). |
| |
(4) | An obligation of a water undertaker under an agreement under subsection (1), |
| |
or under subsection (3), is enforceable by the Secretary of State under section |
| |
18 of the Water Industry Act 1991 (orders for securing compliance). |
| |
39 | Emergency supply by water undertaker |
| 25 |
(1) | If a fire and rescue authority requests a water undertaker to provide a supply |
| |
and pressure of water for the purposes of extinguishing a fire that is greater |
| |
than the undertaker would otherwise provide, the undertaker must take all |
| |
necessary steps in order to do so. |
| |
(2) | For the purposes of complying with its obligation under subsection (1) a water |
| 30 |
undertaker may shut off the water from the mains and pipes in any area. |
| |
(3) | No authority or person is liable to any penalty or claim arising because of |
| |
anything done by a water undertaker in complying with its obligation under |
| |
| |
(4) | A water undertaker commits an offence if, without reasonable excuse, it fails to |
| 35 |
take any step which it is obliged to take under subsection (1). |
| |
(5) | A water undertaker guilty of an offence under subsection (4) is liable on |
| |
summary conviction to a fine not exceeding level 5 on the standard scale. |
| |
|
| |
|