Fire and Rescue Services Bill

House of Commons

Session 2003 - 04
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Fire and Rescue Services Bill

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
32

      (2)
In section 43(9) (rights of entry to licensed premises), for the words from
“fire authority” to “1947)” substitute “fire and rescue authority under the
Fire and Rescue Services Act 2004”.
      (3)
In Schedule 2 (grant, renewal, cancellation and transfer of licences)—
(a)
in paragraph 2(2), for the words from “appropriate fire authority” to
5
“1947)” substitute “appropriate fire and rescue authority” means the
fire and rescue authority under the Fire and Rescue Services Act
2004”;
(b)
in paragraphs 5(3)(d), 13(1)(d), 14(2) and 20(1)(d), for “fire authority”
substitute “fire and rescue authority”.
10
      (4)
In Schedule 3 (registration of members’ clubs in England and Wales), in
paragraphs 3(c), 4 and 6, for “fire authority” substitute “fire and rescue
authority”.
      (5)
In Schedule 4 (registration of members’ clubs in Scotland), in paragraph 8(b)
for “fire authority” substitute “fire and rescue authority”.
15
Transport Act 1968 (c. 73)
25
In section 102(4) of the Transport Act 1968 (application to the Crown and
exemptions), for “fire brigade” substitute “fire and rescue authority”.
Greater London Council (General Powers) Act 1969 (c. lii)
26
In section 30 of the Greater London Council (General Powers) Act 1969
20
(savings), for paragraph (ii) substitute—
“(ii)
any rights or functions exercisable by the London Fire and
Emergency Planning Authority as the fire and rescue
authority, or by any fire-fighters in their employment, in
relation to any building, premises, way or place.”
25
Fire Precautions Act 1971 (c. 40)
27
The Fire Precautions Act 1971 is amended as follows.
28    (1)
In the provisions mentioned in sub-paragraph (2), for “fire authority” (in
each place) substitute “fire and rescue authority”.
      (2)
The provisions are—
30
(a)
in section 1 (use of premises requiring fire certificate), subsections (1)
and (3A);
(b)
in section 3 (power of fire authority to make fire certificates
compulsory), subsections (3), (4), (5) and (7);
(c)
in section 4 (rights of appeal against and coming into force of section
35
3 notices), subsection (4);
(d)
in section 5 (application for and issue of fire certificates), subsections
(1), (2), (3) and (4);
(e)
in section 5A (powers of fire authorities to grant exemptions),
subsections (1), (2), (3), (4), (5), (7), (8) and (9);
40
(f)
in section 5B (withdrawal of exemptions), subsections (1), (2), (3) and
(5);
(g)
in section 6 (contents of fire certificate), subsections (2), (5), (6) and
(7);

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
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(h)
in section 8 (change of conditions affecting adequacy of certain
matters specified in fire certificates, etc), subsections (1), (2), (3), (4),
(5), (6), (7), (9), (11) and (12);
(i)
in section 8A (change of conditions affecting premises for which
exemption has been granted), subsection (1);
5
(j)
in section 8B (charges in relation to fire certificates), subsections (1)
and (3);
(k)
in section 9 (rights of appeal in respect of sections 5 to 8), subsections
(1), (2) and (3);
(l)
in section 9A (duty as to means of escape and for fighting fire),
10
subsection (2);
(m)
in section 9D (improvement notices), subsections (1), (2), (3) and (4);
(n)
in section 10 (prohibition notices), subsections (2), (3), (4) and (7);
(o)
in section 12 (power of Secretary of State to make regulations about
fire precautions), subsections (7), (8) and (10);
15
(p)
in section 13 (exercise of certain powers of fire authority in England
and Wales), subsections (1) and (3);
(q)
in section 16 (duty of local authority to consult fire authority in
certain cases), subsections (1) and (2);
(r)
in section 17 (duty of fire authorities to consult other authorities
20
before requiring building alterations), subsections (1) and (2);
(s)
in section 18 (enforcement of Act), subsections (1) and (2);
(t)
in section 27 (appeal from order made on complaint), subsection (1);
(u)
in section 27A (civil and other liability), paragraph (a);
(v)
in Schedule 2 (special provision for certain premises), paragraph
25
3(5).
29
In section 20 (exercise of inspectors’ powers)—
(a)
in subsection (1), for “officer of the fire brigade maintained by the fire
authority” substitute “employee of the fire and rescue authority”;
(b)
in subsection (2), for “officer of a fire brigade” substitute “employee
30
of a fire and rescue authority” and for “the fire authority who
maintain that brigade” substitute “the fire and rescue authority”.
30
Section 29 (extension of provisions of the Fire Services Act 1947 relating to
inspectors and inquiries) shall cease to have effect.
31    (1)
Section 40 (application to Crown) is amended as follows.
35
      (2)
In subsection (3), for “fire authority” substitute “fire and rescue authority”.
      (3)
In subsection (4)—
(a)
for “officer of the fire brigade maintained by the fire authority”
substitute “employee of the fire and rescue authority”;
(b)
for “officer of a fire brigade” substitute “employee of a fire and rescue
40
authority”;
(c)
for “of the fire authority who maintain that brigade” substitute “of
the fire and rescue authority”.
      (4)
In subsection (6), for “officer of the fire brigade maintained by the fire
authority” substitute “employee of the fire and rescue authority”.
45
32
In section 41 (application to UK Atomic Energy Authority premises)—

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
34

(a)
in paragraph (a), for “fire authority” substitute “fire and rescue
authority”;
(b)
in paragraph (b), for “officer of the fire brigade maintained by the fire
authority” substitute “employee of the fire and rescue authority”.
33    (1)
Section 43 (interpretation) is amended as follows.
5
      (2)
For the definition of “fire authority” substitute—

““fire and rescue authority”, in relation to any premises or
proposed premises, means the fire and rescue authority under the
Fire and Rescue Services Act 2004 for the area in which the
premises are or are to be situated;”.
10
      (3)
In the definition of “fire inspector”, for “section 24 of the Fire Services Act
1947” substitute “section 27 of the Fire and Rescue Services Act 2004”.
Pensions (Increase) Act 1971 (c. 56)
34    (1)
Paragraph 6(1) of Schedule 3 to the Pensions (Increase) Act 1971 (meaning of
“local authority”) is amended as follows.
15
      (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
20
Act 1988”.
Local Government Act 1972 (c.70)
35
The Local Government Act 1972 is amended as follows.
36    (1)
Section 100J (authorities to which Part 5A applies) is amended as follows.
      (2)
In subsection (1), for paragraph (f) substitute—
25
“(f)
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.”
      (3)
In subsection (4)(c), for “combined fire authority” substitute “fire and rescue
authority falling within subsection (1)(f) above”.
30
      (4)
Omit subsection (5).
37
Omit section 112(4)(c) (officers to whom subsection (3) does not apply).
38    (1)
Section 168(5) (local financial returns: meaning of “local authority”) is
amended as follows.
      (2)
For paragraph (aa) substitute—
35
“(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), for “that Act” substitute “the Local Government Finance
Act 1988”.
40

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
35

Local Government Act 1974 (c. 7)
39
In section 25(1) of the Local Government Act 1974 (authorities subject to
investigation), for paragraph (bg) substitute—
“(bg)
a fire and rescue authority constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 or a scheme
5
to which section 4 of that Act applies;”.
Greater London Council (General Powers) Act 1974 (c. xxiv)
40
In section 15(7) of the Greater London Council (General Powers) Act 1974
(exemptions to offence of parking on footways, etc.), in paragraph (a)(i), for
“fire brigade purposes” substitute “fire and rescue authority purposes”.
10
Health and Safety at Work etc Act 1974 (c. 37)
41
In section 23(4) of the Health and Safety at Work etc Act 1974 (provisions in
relation to notices), for “fire authority” (in both places) substitute “fire and
rescue authority”.
Control of Pollution Act 1974 (c. 40)
15
42
In section 62(2)(a) of the Control of Pollution Act 1974 (restrictions on use of
loudspeakers in streets), for “fire brigade” substitute “fire and rescue
authority”.
Greater London Council (General Powers) Act 1975 (c. xxx)
43    (1)
Section 3 of the Greater London Council (General Powers) Act 1975
20
(protection for fire brigade in respect of certain substances) is amended as
follows.
      (2)
In subsections (1), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (14), for “fire
authority” (in each place) substitute “fire and rescue authority”.
      (3)
In subsection (15), for the definition of “fire-fighting purposes” substitute—
25
““fire-fighting purposes” means any purpose in relation to which a
fire and rescue authority has functions under the Fire and
Rescue Services Act 2004;”.
Safety of Sports Grounds Act 1975 (c. 52)
44    (1)
The Safety of Sports Grounds Act 1975 is amended as follows.
30
      (2)
In sections 3(3) (applications for certificates) and 4(7) (transfer of
certificates), for the words from “the chief officer of police” to “for the area
in which it” substitute “—
(a)
the chief officer of police, and
(b)
if the local authority are not the fire and rescue authority, the
35
fire and rescue authority, and
(c)
if the local authority are not the building authority, the
building authority,

for the area in which the sports ground”.
      (3)
In section 4(8) (amendment, replacement or transfer of certificates), for the
40

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
36

words from “the chief officer of police” to “about” substitute “—
(a)
the chief officer of police, and
(b)
if the local authority are not the fire and rescue authority, the
fire and rescue authority, and
(c)
if the local authority are not the building authority, the
5
building authority,

about”.
      (4)
In section 5(5) (appeals: meaning of “interested party”) for paragraph (d)
substitute—
“(d)
if the local authority are not the fire and rescue authority, the
10
fire and rescue authority; and
(e)
if the local authority are not the building authority, the
building authority.”
      (5)
In section 10(8) (procedures in respect of prohibition notices), for paragraph
(b) substitute—
15
“(b)
if the local authority are not the fire and rescue authority, the
fire and rescue authority; and
(c)
if the local authority are not the building authority, the
building authority.”
      (6)
In section 10A(7) (appeals against prohibition notices), for paragraph (d)
20
substitute—
“(d)
if the local authority are not the fire and rescue authority, the
fire and rescue authority; and
(e)
if the local authority are not the building authority, the
building authority.”
25
      (7)
In section 11 (powers of entry and inspection), for paragraph (c) substitute—
“(c)
if the local authority are not the fire and rescue authority, the
fire and rescue authority;
(ca)
if the local authority are not the building authority, the
building authority; or”.
30
Race Relations Act 1976 (c. 74)
45
For paragraph 21 of Schedule 1A to the Race Relations Act 1976 (bodies
subject to general statutory duty) substitute—
“21
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
35
section 4 of that Act applies.”
Local Government, Planning and Land Act 1980 (c. 65)
46    (1)
The Local Government, Planning and Land Act 1980 is amended as follows.
      (2)
In section 2(1) (authorities on whom duty to publish information applies),
for paragraph (h) substitute—
40
“(h)
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;”.
      (3)
In section 152(1)(a) (functions and powers of urban development
corporations), for “fire authority” substitute “fire and rescue authority”.
45

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
37

Highways Act 1980 (c. 66)
47    (1)
Paragraph 3 of Schedule 6 to the Highways Act 1980 (procedure for making
and confirming certain orders) is amended as follows.
      (2)
For sub-paragraph (3)(a)(ia) substitute—
“(ia)
a fire and rescue authority in Wales constituted by a
5
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 sub-paragraph (3)(a)(ii), for “that Act” substitute “the Local Government
Finance Act 1988”.
Zoo Licensing Act 1981 (c. 37)
10
48
In section 3(2) of the Zoo Licensing Act 1981 (consideration of applications
for licences), for paragraph (c) substitute—
“(c)
the fire and rescue authority under the Fire and Rescue
Services Act 2004 for any area in which the whole or any part
of the zoo is situated;”.
15
New Towns Act 1981 (c. 64)
49    (1)
Section 80(1) of the New Towns Act 1981 (interpretation) is amended as
follows.
      (2)
For paragraph (aa) of the definition of “local authority” substitute—
“(aa)
a fire and rescue authority in Wales constituted by a
20
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”.
Acquisition of Land Act 1981 (c. 67)
25
50    (1)
Section 7(1) of the Acquisition of Land Act 1981 (interpretation) is amended
as 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
30
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”.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
51    (1)
The Local Government (Miscellaneous Provisions) Act 1982 is amended as
35
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 9 (application of section 10), subsections (1) and (2);
40

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
38

(b)
in section 10 (firemen’s switches for luminous tube signs),
subsections (3), (4), (5), (6), (7), (8), (9) and (10).
      (4)
In section 9(4) (meaning of “fire authority”), for the words from ““fire
authority” to “1947” substitute ““fire and rescue authority” means a fire and
rescue authority under the Fire and Rescue Services Act 2004”.
5
      (5)
In section 10, in subsections (3) and (8)(a) for “firemen” substitute “fire-
fighters”.
Road Traffic Regulation Act 1984 (c. 27)
52
In section 87 of the Road Traffic Regulation Act 1984 (exemptions from
speed limits), for “fire brigade” substitute “fire and rescue authority”.
10
Building Act 1984 (c. 55)
53    (1)
The Building Act 1984 is amended as 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—
15
(a)
section 15(1) (consultation with fire authority);
(b)
section 24(1) (provision of exits etc);
(c)
section 48(4) (effect of initial notice);
(d)
section 51B(2) (effect of an amendment notice);
(e)
in section 71 (requirements for entrances, exits etc in certain places),
20
subsections (1) and (4);
(f)
section 72(1) (means of escape from fire);
(g)
section 81(6) (duty of local authority to provide copy of notice);
(h)
in section 82(1), paragraph (i) (provisions in respect of notices under
section 81);
25
(i)
section 126 (interpretation).
Food Act 1984 (c. 30)
54    (1)
The Food Act 1984 is amended as follows.
      (2)
In section 60(d) (market byelaws), for “fire authority” substitute “fire and
rescue authority”.
30
      (3)
In section 61 (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;”.
Local Government Act 1985 (c. 51)
35
55
The Local Government Act 1985 is amended as follows.
56    (1)
Section 42 (reorganisation of functions) is amended as follows.
      (2)
Omit subsections (1)(b) and (2).
      (3)
In subsection (3), omit “fire or”.