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Fire and Rescue Services Bill


Fire and Rescue Services Bill
Part 3 — Administration

12

 

27      

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.

25

(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).

15

(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;

20

(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

14

 

(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.

15

(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

20

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

25

consult any persons he considers appropriate.

32      

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.

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

authorities.

(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.

 

 

Fire and Rescue Services Bill
Part 4 — Employment

15

 

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;

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

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

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

such questions;

(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

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

16

 

(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.

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

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

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)

Act 1973 (c. 65).

34      

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

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—

 

 

Fire and Rescue Services Bill
Part 4 — Employment

17

 

(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

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.

(6)   

In this section—

   

“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

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

18

 

Part 5

Water supply

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

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).

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

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.

 

 

 
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