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
Schedule 1 — Minor and consequential Amendments
46

(d)
in section 177(8) (dancing and music in small premises), paragraph
(b) of the definition of “permitted capacity”.
Local Government Act 2003 (c.26)
92
The Local Government Act 2003 is amended as follows.
93
In section 23(1) (local authorities) for paragraph (m) substitute—
5
“(m)
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;”.
94
In section 33(1) (interpretation of Chapter 1) 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;”.
95
In section 99(7) (performance categories of English local authorities), in the
definition of “English local authority” omit the “or” at the end of paragraph
(d) and after paragraph (e) insert—
15
“(f)
a metropolitan fire and civil defence authority,
(g)
the London Fire and Emergency Planning Authority, or
(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.”
20
96
In section 101(7) (staff transfer matters: general), for paragraph (b)
substitute—
“(b)
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
Fire Services Act 2003 (c. 36)
97
The Fire Services Act 2003 is amended as follows.
98    (1)
Section 1 (Secretary of State’s powers) is amended as follows.
      (2)
In subsections (1)(a), (3) and (5)(a) for “fire brigade members” substitute
“employees of a fire and rescue authority”.
30
      (3)
Omit subsections (1)(b), (2) and (4) and, in subsection (5)(b), the words from
“(including” to “authorities)”.
      (4)
In subsection (9) for “fire authority” substitute “fire and rescue authority”.
99    (1)
Section 3 (supplemental provisions) is amended as follows.
      (2)
In subsection (2)—
35
(a)
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;”;
(b)
omit the definitions of “fire brigade” and “fire brigade member”;
(c)
in the definition of “negotiating body”—
40
(i)
for “fire authorities” substitute “fire and rescue authorities”;
(ii)
for “fire brigade members” (in both places) substitute
“employees of fire and rescue authorities”.

Fire and Rescue Services Bill
Schedule 2 — Repeals
47

      (3)
Omit subsection (3).
      (4)
In subsection (4)—
(a)
in paragraph (b), for “fire authority or fire authorities” substitute
“fire and rescue authority or fire and rescue authorities”;
(b)
in paragraph (c), for “a fire brigade member there were substituted
5
references to” substitute “employees of a fire and rescue authority
there were substituted references to members of”;
(c)
omit paragraph (e).
Schedule 2
Section 52

Repeals
10

Short title and chapter
Extent of repeal

London County Council
Section 4.

(General Powers) Act 1894 (c.

ccxii)

Public Health Act 1936 (c. 49)
In section 343(1), the definition of “fire

15

authority”.

Fire Services Act 1947 (c. 41)
The whole Act.

Civil Defence Act 1948 (c. 5)
In section 5, the words “and brigades”.

In section 9(1), the definition of “fire brigade”.

Fire Services Act 1951 (c. 27)
The whole Act.

20

Fire Services Act 1959 (c. 44)
The whole Act.

Fire Precautions Act 1971 (c. 40)
Section 29.

Superannuation Act 1972 (c. 11)
Section 16.

In section 24(1)(a), the words “or in relation to

whom a Scheme may be made in accordance

25

with section 26 of the Fire Services Act 1947

(Firemen’s Pension Scheme)”.

Local Government Act 1972
Section 100J(5).

(c. 70)
Section 112(4)(c).

Local Government Act 1985
In section 42, subsections (1)(b) and (2) and, in

30

(c. 51)
subsection (3), the words “fire or”.

In Schedule 11, paragraph 2(1) and (2).

Water Act 1989 (c. 15)
In Schedule 25, paragraph 9.

Local Government and
Section 2(6)(b).

Housing Act 1989 (c. 42)
Section 7(2)(b).

35

Water Industry Act 1991 (c. 56)
Section 57(10).

Section 147(4).

Local Government Act 1992
Section 18(3).

(c. 19)

Police and Firemen’s Pensions
Sections 1(3) and 3.

40

Act 1997 (c. 52)

Fire and Rescue Services Bill
Schedule 2 — Repeals
48

Short title and chapter
Extent of repeal

Merchant Shipping and
Section 4.

Maritime Security Act 1997

(c. 28)

Local Government Act 2000
In Schedule 5, paragraph 14.

5

(c. 22)

Criminal Justice and Police Act
In the Table in section 1(1), the entry for section

2001 (c. 16)
31 of the Fire Services Act 1947.

Regional Assemblies
In the Schedule, paragraph 1.

(Preparations) Act 2003

10

(c. 10)

Marine Safety Act 2003 (c. 16)
Section 2.

Local Government Act 2003 (c.
In section 99(7), the word “or” at the end of

26)
paragraph (d).

Section 121.

15

In Schedule 7, paragraph 1.

Fire Services Act 2003 (c. 36)
In section 1, subsections (1)(b), (2), (4) and, in

subsection (5)(b), the words from

“(including” to “authorities)”.

In section 3—

20

(a)
in subsection (2), the definitions of “fire

brigade” and “fire brigade member”;

(b)
subsections (3) and (4)(e).