|
| |
|
57 | In section 60(3) (pensions liabilities of police and fire authorities), for “fire |
| |
authority” substitute “fire and rescue authority”. |
| |
| |
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 |
| |
| |
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” |
| |
| |
(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 |
| |
| |
| 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 |
| |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
Income and Corporation Taxes Act 1988 (c. 1) |
| |
60 | In section 842A of the Income and Corporation Taxes Act 1988 (local |
| 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 |
| |
| 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 |
| |
| |
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)”. |
| |
|
| |
|
| |
|
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)” |
| |
| 5 |
| |
(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 |
| |
(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 |
| |
“(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 |
| |
“(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) |
| |
| |
(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”. |
| |
|
| |
|
| |
|
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 |
| |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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. |
| |
| |
(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 |
| |
| |
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) |
| |
| |
(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”. |
| |
| 40 |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(b) | a metropolitan county fire and civil defence |
| |
| |
(c) | the London Fire and Emergency Planning |
| 30 |
| |
(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;”. |
| |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| |
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. |
| |
| |
| “Section 47 of the Fire and |
| | | | | Rescue Services Act 2004 (c. |
| | | | | | | | 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”. |
| |
| 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); |
| |
|
| |
|