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 7 — General
25

54
Inquiries: supplementary
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)
(powers in relation to local inquiries) apply in relation to an inquiry under a
provision of this Act as they apply in relation to an inquiry under that section.
55
Meaning of “emergency”
5
In this Act “emergency” means an event or situation that causes or is likely to
cause—
(a)
one or more individuals to die, be seriously injured or become seriously
ill, or
(b)
serious harm to the environment (including the life and health of plants
10
and animals).
56
Financial provision
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State in consequence of this Act;
(b)
any increase attributable to this Act in the sums payable out of money provided
15
by Parliament under another enactment.
57
Orders and regulations
(1)
References in this section to subordinate legislation are to an order or
regulations made by the Secretary of State under this Act.
(2)
Subordinate legislation—
20
(a)
may make different provision for different purposes (including
different provision for different areas, different authorities and
different descriptions of authorities);
(b)
may include incidental, supplemental, consequential, saving or
transitional provision.
25
(3)
A power to make subordinate legislation is exercisable by statutory
instrument.
(4)
A statutory instrument containing (alone or with other provisions) subordinate
legislation which amends or repeals any Act or provision of an Act may not be
made unless a draft of the instrument has been laid before, and approved by a
30
resolution of, each House of Parliament.
(5)
A statutory instrument containing any other subordinate legislation, apart
from an order under section 29 or 58, is subject to annulment in pursuance of a
resolution of either House of Parliament.
58
Commencement
35
Parts 1 to 6 come into force in accordance with provision made by the Secretary
of State by order.

Fire and Rescue Services Bill
Part 7 — General
26

59
Wales
(1)
In its application to Wales, the following provisions of this Act have effect as if
for each reference to the Secretary of State there were substituted a reference to
the National Assembly for Wales—
(a)
Parts 1 to 6;
5
(b)
sections 57 and 58.
(2)
Sections 57(4) and (5) do not apply to an order or regulations made by the
National Assembly for Wales.
(3)
Any reference in Schedule 1 to the National Assembly for Wales (Transfer of
Functions) Order 1999 to an Act which is amended by this Act is to be treated
10
as referring to that Act as amended by this Act.
(4)
Subsection (3) does not affect the power to make further Orders varying or
omitting that reference.
60
Extent
(1)
Subject to subsection (2), this Act extends to England and Wales only.
15
(2)
The following provisions also extend to Scotland—
(a)
sections 33 to 35;
(b)
in so far as relating to sections 26 to 27A of the Fire Services Act 1947
(c. 41), section 50;
(c)
in so far as relating to sections 46 and 61 of the Reserve and Auxiliary
20
Forces (Protection of Civil Interests) Act 1951 (c. 65), section 51(1) and
Schedule 1;
(d)
in so far as relating to—
(i)
sections 26 to 27A of the Fire Services Act 1947,
(ii)
the Fire Services Act 1951 (c. 27),
25
(iii)
sections 8 to 10 of the Fire Services Act 1959 (c. 44),
(iv)
the Superannuation Act 1972 (c. 11), and
(v)
the Police and Firemen’s Pensions Act 1997 (c. 52),

section 52 and Schedule 2;
(e)
sections 57 and 58;
30
(f)
this section;
(g)
section 61.
61
Short title
This Act may be cited as the Fire and Rescue Services Act 2004.

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
27

Schedules
Schedule 1
Section 51

Minor and consequential Amendments
Explosives Act 1875 (c. 17)
1
In section 67(3A) of the Explosives Act 1875 (definition of local authority),
5
for “fire authority” substitute “fire and rescue authority”.
Forged Transfers Act 1891 (c. 43)
2     (1)
Section 2 of the Forged Transfers Act 1891 (definitions) is amended as
follows.
      (2)
For paragraph (ab) of the definition of “local authority” substitute—
10
“(ab)
a fire and rescue authority in Wales constituted by a
scheme under section 2 of the Fire and Rescue Services Act
2004 or a scheme to which section 4 of that Act applies;”.
      (3)
In paragraph (b) of that definition, for “that Act” substitute “the Local
Government Finance Act 1988”.
15
Celluloid and Cinematograph Film Act 1922 (c. 35)
3
In section 9 of the Celluloid and Cinematograph Film Act 1922 (definitions),
in the definition of “local authority”, for “fire authority” substitute “fire and
rescue authority”.
Petroleum (Consolidation) Act 1928 (c. 32)
20
4
In section 2(1)(a) of the Petroleum (Consolidation) Act 1928 (local authorities
empowered to grant petroleum-spirit licences), for “fire authority”
substitute “fire and rescue authority”.
London Building Act 1930 (c. clviii)
5
In section 143(3) of the London Building Act 1930 (regulations for building
25
near a dangerous business), for “fire authority” substitute “fire and rescue
authority”.
Public Health Act 1936 (c. 49)
6
In section 343(1) of the Public Health Act 1936 (interpretation), omit the
definition of “fire authority”.
30

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
28

London Building Acts (Amendment) Act 1939 (c. xcvii)
7
The London Building Acts (Amendment) Act 1939 is amended as follows.
8
In section 20(2A) (fire precaution conditions)—
(a)
for “fire authority” substitute “fire and rescue authority”;
(b)
for “fire brigade personnel” in paragraph (e), substitute “fire-
5
fighters”.
9     (1)
In the provisions mentioned in sub-paragraph (2), for “fire authority” (in
each place) substitute “fire and rescue authority”.
      (2)
The provisions are—
(a)
section 20(2C) (fire precautions in certain buildings);
10
(b)
section 34(1) (fire protection in certain new buildings);
(c)
section 35(1) (fire protection in certain old buildings);
(d)
in section 36 (projecting shops), subsections (1), (2) and (3);
(e)
section 37(1) (access to roofs);
(f)
section 38(1) (buildings storing inflammable liquid);
15
(g)
section 39 (consent to building alterations);
(h)
section 142(2)(b) (powers of entry).
Statutory Orders (Special Procedure) Act 1945 (c. 18)
10    (1)
Section 11(1) of the Statutory Orders (Special Procedure) Act 1945
(interpretation) is amended as follows.
20
      (2)
For paragraph (aa) of the definition of “local authority” substitute—
“(aa)
a fire and rescue authority in Wales constituted by a
scheme under section 2 of the Fire and Rescue Services Act
2004 or a scheme to which section 4 of that Act applies;”.
      (3)
In paragraph (c) of that definition, for “that Act” substitute “the Local
25
Government Finance Act 1988”.
Civil Defence Act 1948 (c. 5)
11    (1)
The Civil Defence Act 1948 is amended as follows.
      (2)
In section 1(1)(b) (civil defence functions of Ministers), for “fire brigades”
substitute “employees of fire and rescue authorities”.
30
      (3)
In section 5 (civil defence obligations)—
(a)
for “fire brigades” substitute “employees of fire and rescue
authorities”;
(b)
omit the words “and brigades”;
(c)
after “respectively” insert “and by employees of fire and rescue
35
authorities”.
      (4)
In section 9(1) (interpretation), omit the definition of “fire brigade”.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
12    (1)
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is
amended as follows.
40

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
29

      (2)
In section 46(3)(iii) (payments to make up civil remuneration), for “Fire
Services Act 1947” substitute “Fire and Rescue Services Act 2004”.
      (3)
In section 61(1) (presumption of death of persons serving in forces), for
paragraph (d) substitute—
“(d)
a scheme made under section 33 of the Fire and Rescue
5
Services Act 2004;”.
      (4)
In Schedule 2 (capacities in respect of which payments may be made to make
up civil remuneration, and the paying authorities), for the entry numbered
“5” substitute—

“5 Employee of a fire and
The fire and rescue

10

rescue authority
authority.”

Town and Country Planning Act 1959 (c. 53)
13
In Schedule 4 to the Town and Country Planning Act 1959 (authorities with
the power to acquire, appropriate and dispose of land), for paragraph 9
substitute—
15
“9
A fire and rescue authority constituted by a scheme under section
2 of the Fire and Rescue Services Act 2004 or a scheme to which
section 4 of that Act applies.”
Caravan Sites and Control of Development Act 1960 (c. 62)
14    (1)
The Caravan Sites and Control of Development Act 1960 is amended as
20
follows.
      (2)
In the provisions mentioned in sub-paragraph (3), for “fire authority” (in
each place) substitute “fire and rescue authority”.
      (3)
The provisions are—
(a)
in section 5 (powers of local authority to attach conditions to site
25
licences), subsections (3A), (3B) and (7);
(b)
section 8(5) (power of local authority to alter conditions attached to
site licences);
(c)
section 24(2A) (power of local authority to provide caravan sites).
      (4)
In section 29(1) (interpretation), for the definition of “fire authority”
30
substitute—

““fire and rescue authority”, in relation to any land, means the fire
and rescue authority under the Fire and Rescue Services Act 2004
for the area in which the land is situated;”.
Land Compensation Act 1961 (c. 33)
35
15    (1)
Section 29(1) of the Land Compensation Act 1961 (interpretation) is
amended as follows.
      (2)
For paragraph (a) of the definition of “local authority” substitute—
“(a)
a charging authority or precepting authority (as defined in
section 144 of the Local Government Finance Act 1988), or a
40
combined police authority;

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
30

(aa)
a fire and rescue authority in Wales constituted by a scheme
under section 2 of the Fire and Rescue Services Act 2004 or a
scheme to which section 4 of that Act applies;”.
      (3)
In paragraph (b) of that definition, for “that Act” substitute “the Local
Government Finance Act 1988”.
5
Public Health Act 1961 (c. 64)
16
In section 75(8) of the Public Health Act 1961 (power of local authorities to
make byelaws as to pleasure fairs and roller skating rinks), for “fire authority
within the meaning of the Fire Services Act 1947” substitute “fire and rescue
authority under the Fire and Rescue Services Act 2004”.
10
Pipe-lines Act 1962 (c. 58)
17    (1)
Section 37 of the Pipe-lines Act 1962 (persons to be notified of certain pipe-
line accidents) is amended as follows.
      (2)
In subsections (1)(a) and (2)(a), after “fire” insert “and rescue authority”.
      (3)
In subsection (4), for paragraph (a) substitute—
15
“(a)
“fire and rescue authority” means, in relation to any area, the
fire and rescue authority under the Fire and Rescue Services
Act 2004 for the area;”.
Stock Transfer Act 1963 (c. 18)
18    (1)
Section 4(1) of the Stock Transfer Act 1963 (interpretation) is amended as
20
follows.
      (2)
For paragraph (aa) of the definition of “local authority” substitute—
“(aa)
a fire and rescue authority in Wales constituted by a
scheme under section 2 of the Fire and Rescue Services Act
2004 or a scheme to which section 4 of that Act applies;”.
25
      (3)
In paragraph (b) of that definition, for “that Act” substitute “the Local
Government Finance Act 1988”.
Industrial and Provident Societies Act 1965 (c. 12)
19    (1)
Section 31 of the Industrial and Provident Societies Act 1965 (investments) is
amended as follows.
30
      (2)
For paragraph (a)(ia) substitute—
“(ia)
a fire and rescue authority in Wales constituted by a
scheme under section 2 of the Fire and Rescue Services Act
2004 or a scheme to which section 4 of that Act applies;”.
      (3)
In paragraph (a)(ii), for “that Act” substitute “the Local Government Finance
35
Act 1988”.
Gas Act 1965 (c. 36)
20    (1)
The Gas Act 1965 is amended as follows.
      (2)
In section 17 (provisions in relation to gas-related accidents), in subsection
(5)(a) for “fire authority” substitute “fire and rescue authority”.
40

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
31

      (3)
In section 28(1) (interpretation), for the definition of “fire authority”
substitute—

““fire and rescue authority” means a fire and rescue authority
under the Fire and Rescue Services Act 2004;”.
Public Works Loans Act 1965 (c. 63)
5
21    (1)
Section 2(1) of the Public Works Loans Act 1965 (loans to relevant
authorities) is amended as follows.
      (2)
For paragraph (a)(ia) substitute—
“(ia)
a fire and rescue authority in Wales constituted by a
scheme under section 2 of the Fire and Rescue Services Act
10
2004 or a scheme to which section 4 of that Act applies;”.
      (3)
In paragraph (a)(ii), for “that Act” substitute “the Local Government Finance
Act 1988”.
National Loans Act 1968 (c. 13)
22    (1)
Paragraph 1 of Schedule 4 to the National Loans Act 1968 (local loans) is
15
amended as follows.
      (2)
For paragraph (a)(ia) of the definition of “local authority” substitute—
“(ia)
a fire and rescue authority in Wales constituted by a
scheme under section 2 of the Fire and Rescue Services Act
2004 or a scheme to which section 4 of that Act applies;”.
20
      (3)
In paragraph (a)(ii) of that definition, for “that Act” substitute “the Local
Government Finance Act 1988”.
Greater London Council (General Powers) Act 1968 (c. xxxix)
23    (1)
The Greater London Council (General Powers) Act 1968 is amended as
follows.
25
      (2)
In the provisions mentioned in sub-paragraph (3), for “fire authority” (in
each place) substitute “fire and rescue authority”.
      (3)
The provisions are—
(a)
in section 16 (consent to storage of flammable material), subsections
(1), (2), (3), (4), (5) and (6);
30
(b)
in section 17 (appeals), subsections (1), (2), (3) and (4);
(c)
section 19(1) (powers of entry for inspection);
(d)
section 20(1) (offences);
(e)
section 24(1) (Crown application).
      (4)
In section 21 (circumstances where consent not required)—
35
(a)
for “fire authority” (in each place) substitute “fire and rescue
authority”;
(b)
in subsection (1)(b)(iv), for “fire brigade” substitute “fire and rescue
authority”.
Gaming Act 1968 (c. 65)
40
24    (1)
The Gaming Act 1968 is amended as follows.