Fire and Rescue Services Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Fire and Rescue Services Bill

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
39

57
In section 60(3) (pensions liabilities of police and fire authorities), for “fire
authority” substitute “fire and rescue authority”.
Housing Act 1985 (c. 68)
58    (1)
The Housing Act 1985 is amended as follows.
      (2)
In section 365(3) (local authorities’ powers in relation to means of escape
5
from fires), for “fire authority” substitute “fire and rescue authority”.
      (3)
In Schedule 1 (tenancies that are not secure tenancies), in paragraph 2(3) for
the words from “fire authority” to “1959)” substitute “fire and rescue
authority”.
Fire Safety and Safety of Places of Sport Act 1987 (c. 27)
10
59    (1)
The Fire Safety and Safety of Places of Sport Act 1987 is amended as follows.
      (2)
In sections 28(10) (issue of certificates) and 29(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
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,

for the area in which the sports ground”.
20
      (3)
In section 29(8) (amendment, cancellation etc. of certificates), for the 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
25
(c)
if the local authority are not the building authority, the
building authority,

about”.
      (4)
In section 30(8) (appeals), for paragraph (d) substitute—
“(d)
if the local authority are not the fire and rescue authority, the
30
fire and rescue authority; and
(e)
if the local authority are not the building authority, the
building authority.”
      (5)
In section 35 (powers of entry and inspection), for paragraph (c) substitute—
“(c)
if the local authority are not the fire and rescue authority, the
35
fire and rescue authority, or
(d)
if the local authority are not the building authority, the
building authority,”.
Income and Corporation Taxes Act 1988 (c. 1)
60
In section 842A of the Income and Corporation Taxes Act 1988 (local
40

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
40

authorities), for subsection (2)(f) substitute—
“(f)
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;”.
Local Government Act 1988 (c. 9)
5
61
In Schedule 2 to the Local Government Act 1988 (public authorities required
to exclude non-commercial considerations), for “fire authority constituted
by a combination scheme” substitute “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”.
10
Dartford-Thurrock Crossing Act 1988 (c. 20)
62
In section 19(a) of the Dartford-Thurrock Crossing Act 1988 (exemption
from tolls), for sub-paragraph (ii) substitute—
“(ii)
a fire and rescue authority under the Fire and Rescue
Services Act 2004; or”.
15
Environment and Safety of Information Act 1988 (c. 30)
63
In the Schedule to the Environment and Safety of Information Act 1988
(authorities with duties in relation to public registers), for “fire authority” in
the third column substitute “fire and rescue authority”.
Local Government Finance Act 1988 (c. 41)
20
64    (1)
The Local Government Finance Act 1988 is amended as follows.
      (2)
In section 74(1) (levying bodies), in paragraph (c) for “combined fire
authority,” substitute “combined fire and rescue authority in Wales”.
      (3)
In section 111(2)(m) (relevant authorities) and 112(2)(b) (financial
administration of certain authorities), for “combined fire authority”
25
substitute “combined fire and rescue authority”.
      (4)
In section 117(5) (levying bodies), in paragraph (c) for “combined fire
authority,” substitute “combined fire and rescue authority in Wales”.
      (5)
For section 144(5) (combined fire authorities), substitute—
“(5)
A combined fire and rescue authority is a fire and rescue authority
30
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.”
Road Traffic Act 1988 (c. 52)
65
In section 85 of the Road Traffic Act 1988 (interpretation of Part 2 of that Act),
35
in the definition of “light passenger vehicle”, for the words from “a fire
brigade” to “1947)” substitute “any matter in relation to which a fire and
rescue authority has functions (whoever uses it for those purposes)”.

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
41

Football Spectators Act 1989 (c. 37)
66    (1)
Section 13 of the Football Spectators Act 1989 (licensing authority’s powers
in relation to safety at football grounds) is amended as follows.
      (2)
In subsection (3), for the words from “the local authority” to “case)”
substitute “—
5
(a)
the local authority;
(b)
the chief officer of police;
(c)
if the local authority are not the fire and rescue authority, the
fire and rescue authority; and
(d)
if the local authority are not the building authority, the
10
building authority.”
      (3)
In subsection (4), for “fire authority” substitute “fire and rescue authority”.
Local Government and Housing Act 1989 (c. 42)
67    (1)
The Local Government and Housing Act 1989 is amended as follows.
      (2)
In section 21(1) (meaning of local authority in Part 1), for paragraph (f)
15
substitute—
“(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 section 67(3) (meaning of local authority in Part 5), for paragraph (h)
20
substitute—
“(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;”.
      (4)
In section 152(2) (meaning of relevant authority for sections 150 and 151), for
25
paragraph (f) substitute—
“(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;”.
      (5)
In section 155(4) (authorities that are local authorities for section 155), for
30
paragraph (h) substitute—
“(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.”
Town and Country Planning Act 1990 (c. 8)
35
68    (1)
Section 336(1) of the Town and Country Planning Act 1990 (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
40
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”.

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
42

National Health Service and Community Care Act 1990 (c. 19)
69
In paragraph 15(1) of Schedule 8 to the National Health Service and
Community Care Act 1990 (transitional provisions), for “fire authority” (in
both places) substitute “fire and rescue authority”.
Smoke Detectors Act 1991 (c. 37)
5
70
In section 2(2) of the Smoke Detectors Act 1991 (power of local authorities to
dispense with or relax requirements in relation to smoke detectors), for “fire
authority” substitute “fire and rescue authority”.
Water Industry Act 1991 (c.56)
71
The Water Industry Act 1991 is amended as follows.
10
72    (1)
Section 57 (duty to supply water for fire-fighting) is amended as follows.
      (2)
In subsections (2) and (4), for “fire authority” substitute “fire and rescue
authority”.
      (3)
In subsection (5)—
(a)
after “Subject to” insert “subsection (5A) and”;
15
(b)
for “fire authority” substitute “fire and rescue authority”.
      (4)
After subsection (5) insert—
“(5A)
Where a fire-hydrant is damaged as the result of any use made of it
with the authority of a water undertaker, other than use for the
purposes of fire-fighting or for any other purposes of a fire and
20
rescue authority, the fire and rescue authority is not liable for the cost
of repairing or replacing the hydrant.”
73
In section 147(1) (charging for emergency use of water)—
(a)
after “Notwithstanding anything” insert “in section 37(2) of the Fire
and Rescue Services Act 2004, or anything”;
25
(b)
for “fire authority” substitute “fire and rescue authority”.
74
In paragraph 15 of Schedule 4A (premises not to be disconnected for non-
payment of charges), for “fire brigade maintained in pursuance of the Fire
Services Act 1947” substitute “fire and rescue authority”.
Water Resources Act 1991 (c. 57)
30
75
In section 32(2) of the Water Resources Act 1991 (rights to abstract)—
(a)
in paragraph (a), for the words from “fire-fighting” to “1947)”
substitute “extinguishing fires or protecting life and property in the
event of fire”;
(b)
in paragraph (b), after “used for” insert “either of”.
35
Local Government Finance Act 1992 (c.14)
76
In section 39(1) of the Local Government Finance Act 1992 (major precepting

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
43

authorities), for paragraph (da) substitute—
“(da)
a fire and rescue authority in England 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;”.
Local Government Act 1992 (c. 19)
5
77    (1)
Section 18 of the Local Government Act 1992 (consequences of structural
changes) is amended as follows.
      (2)
Omit subsection (3).
      (3)
In subsection (4), for paragraph (b) substitute—
“(b)
his power to make a scheme under section 2 of the Fire and
10
Rescue Services Act 2004 (combined fire and rescue
authorities),”.
Local Government (Overseas Assistance) Act 1993 (c. 25)
78
In section 1(10) of the Local Government (Overseas Assistance) Act 1993
(bodies to which power to provide advice and assistance applies), for
15
paragraph (a) substitute—
“(a)
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;”.
Welsh Language Act 1993 (c. 38)
20
79
In section 6(1) of the Welsh Language Act 1993 (meaning of public body), for
paragraph (e) substitute—
“(e)
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;”.
25
Vehicle Excise and Registration Act 1994 (c. 22)
80    (1)
Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles)
is amended as follows.
      (2)
In paragraph 4(2) (fire engines), for paragraph (b) substitute—
“(b)
is used solely for purposes in relation to which a fire and
30
rescue authority under the Fire and Rescue Services Act 2004
has functions (whoever uses it for those purposes).”
      (3)
In paragraph 5 (other vehicles kept by fire authorities)—
(a)
for “fire authority” substitute “fire and rescue authority”;
(b)
for “fire brigade service” substitute “functions”.
35
London Local Authorities Act 1995 (c. x)
81    (1)
The London Local Authorities Act 1995 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—
40

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
44

(a)
section 2 (interpretation);
(b)
in section 17 (applications), subsections (1), (2) and (3);
(c)
section 22(3) (variation of near beer licences);
(d)
section 25(3) (powers of entry).
      (4)
In section 5(5) (right to stop in prohibited zones), in paragraph (c) for “fire
5
brigade” substitute “fire and rescue authority”.
Merchant Shipping Act 1995 (c. 21)
82
In section 135(1) of the Merchant Shipping Act 1995 (restrictions on transfer
of oil at night), for “fire brigade” substitute “fire and rescue authority or
other employer of fire-fighters”.
10
Audit Commission Act 1998 (c. 18)
83
In paragraph 1 of Schedule 2 to the Audit Commission Act 1998 (accounts
subject to audit), for paragraph (m) substitute—
“(m)
a fire and rescue authority constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 or a scheme
15
to which section 4 of that Act applies;”.
Crime and Disorder Act 1998 (c. 37)
84    (1)
The Crime and Disorder Act 1998 is amended as follows.
      (2)
In section 5 (authorities responsible for strategies)—
(a)
in subsection (1)(d), for “fire authority” substitute “fire and rescue
20
authority”;
(b)
in subsection (5), for the definition of “fire authority” substitute—

““fire and rescue authority” means—
(a)
a fire and rescue authority constituted by a scheme
under section 2 of the Fire and Rescue Services Act
25
2004 or a scheme to which section 4 of that Act
applies;
(b)
a metropolitan county fire and civil defence
authority; or
(c)
the London Fire and Emergency Planning
30
Authority;”.
      (3)
In section 17(2) (duty of authorities to consider crime and disorder
implications), for “a fire authority constituted by a combination scheme
under the Fire Services Act 1947 (c. 41)” substitute “a fire and rescue
authority constituted by a scheme under section 2 of the Fire and Rescue
35
Services Act 2004 or a scheme to which section 4 of that Act applies”.
Local Government Act 1999 (c.27)
85
In section 1(1) of the Local Government Act 1999 (best value authorities), for
paragraph (e) substitute—
“(e)
a fire and rescue authority constituted by a scheme under
40
section 2 of the Fire and Rescue Services Act 2004 or a scheme
to which section 4 of that Act applies, and a metropolitan
county fire and civil defence authority;”.

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential Amendments
45

London Local Authorities Act 2000 (c. vii)
86
In section 6 of the London Local Authorities Act 2000 (parking outside
designated parking places), in the amended section 5(4) of the London Local
Authorities Act 1995 at paragraph (c), for “fire brigade” substitute “fire and
rescue authority”.
5
Local Government Act 2000 (c. 22)
87
In section 49(6) of the Local Government Act 2000 (authorities that must be
consulted regarding principles governing conduct of members), for
paragraph (l) substitute—
“(l)
a fire and rescue authority constituted by a scheme under
10
section 2 of the Fire and Rescue Services Act 2004 or a scheme
to which section 4 of that Act applies,”.
Freedom of Information Act 2000 (c. 36)
88
In Schedule 1 to the Freedom of Information Act 2000 (public authorities),
for paragraph 14 substitute—
15
“14
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.”
Capital Allowances Act 2001 (c. 2)
89
In section 29(3)(a) of the Capital Allowances Act 2001 (expenditure incurred
20
for fire safety), for “fire authority” (in both places) substitute “fire and rescue
authority”.
Criminal Justice and Police Act 2001 (c. 16)
90    (1)
The Table in section 1(1) of the Criminal Justice and Police Act 2001 (offences
leading to on the spot penalties) is amended as follows.
25
      (2)
Omit the entry for section 31 of the Fire Services Act 1947.
      (3)
At the end add—

“Section 47 of the Fire and
Knowingly giving a false

Rescue Services Act 2004 (c.
alarm of fire”

00)

30
Licensing Act 2003 (c. 17)
91    (1)
The Licensing Act 2003 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—
35
(a)
in section 5 (statement of licensing policy), subsection (3)(b);
(b)
in section 13 (meaning of “responsible authority”), subsection (4)(b);
(c)
in section 69 (meaning of “responsible authority”), subsection (4)(b);