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 3 — Administration
12

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Inspectors
(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
functions;
(b)
technical matters relating to those functions.
(2)
The Secretary of State may pay to persons appointed under this section remuneration
determined by him.
(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.
Equipment etc
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
and rescue authorities.
(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
authorities.
(3)
Charges may be imposed for the use of equipment, facilities and services
provided by—
(a)
the Secretary of State under subsection (1), or
(b)
an organisation established or maintained by him.
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(4)
The Secretary of State may by order make provision requiring one or more fire
and rescue authorities—
(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
order.
(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

Fire and Rescue Services Bill
Part 4 — Employment
13

or a person who has made the property or facilities available (or is
willing to do so);
(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
property or facilities.
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.
Training etc
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).
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(2)
The purposes are—
(a)
the provision of education and training to employees of fire and rescue
authorities;
(b)
the provision of advice and assistance to fire and rescue authorities in
connection with the provision of such education and training;
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(c)
the supervision and regulation of the provision of such education and
training;
(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
have functions;
(f)
the provision of advice and assistance (in the United Kingdom or
elsewhere) in connection with the provision of such education and
30
training.
Part 4
Employment
Negotiating bodies
31
Negotiating bodies
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
authorities.
(2)
Regulations under this section must provide for a negotiating body established
40
by the regulations to be composed of—

Fire and Rescue Services Bill
Part 4 — Employment
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(a)
persons representing the interests of some or all fire and rescue
authorities;
(b)
persons representing the interests of some or all employees of fire and
rescue authorities;
(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
particular description.
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(5)
An agreement as to the conditions of service of employees of that description
which is made—
(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
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the negotiating body.
(6)
Subsection (5) has effect despite section 179 of the Trade Union and Labour
Relations (Consolidation) Act 1992 (c. 52) (enforceability of collective
agreements).
(7)
Before making regulations under this section the Secretary of State must
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consult any persons he considers appropriate.
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Guidance
(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
authorities.
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(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
authorities.
(3)
In this section “negotiating body” means a negotiating body established under
section 31 or any other body of persons which—
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(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
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service of employees of fire and rescue authorities.

Fire and Rescue Services Bill
Part 4 — Employment
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Pensions etc
33
Pensions etc
(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
in respect of—
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
may be made;
(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;
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(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
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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
the Secretary of State;
(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
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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;
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(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
such questions;
(k)
provide for excluding or modifying rights to compensation or damages
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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
provision.
(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.

Fire and Rescue Services Bill
Part 4 — Employment
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(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
or another person—
(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
under such a scheme.
(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
maximum;
(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
2 years.
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(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
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reference in subsection (6)(a) to 12 months is to be read as a reference to 3
months.
(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
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(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)
Act 1973 (c. 65).
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Information in connection with pensions etc
(1)
A fire and rescue authority or a Scottish fire authority may in prescribed
30
circumstances—
(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
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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.
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(3)
Subsection (4) applies if—

Fire and Rescue Services Bill
Part 4 — Employment
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(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
section if—
(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
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(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.
(6)
In this section—

“personal pension scheme” has the meaning given by section 1 of the
Pension Schemes Act 1993 (c. 48);
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“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
name of the scheme.
(4)
This section does not affect any other power in this Act to make transitional or
transitory provision.
Supplementary
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.

Fire and Rescue Services Bill
Part 5 — Water supply
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Part 5
Water supply
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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
event of fire.
(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
emergency use of water).
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).
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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
subsection (1).
(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.