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
Part 2 — Functions of fire and rescue authorities
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Other services
(1)
A fire and rescue authority may provide the services of any persons employed
by it or any equipment maintained by it to any person for any purpose that
appears to the authority to be appropriate.
(2)
A fire and rescue authority may provide services under this section outside as
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well as within the authority’s area.
Assistance in discharge of functions
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Reinforcement schemes
(1)
A fire and rescue authority must, so far as practicable, enter into a
reinforcement scheme with other fire and rescue authorities.
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(2)
A reinforcement scheme is a scheme for securing mutual assistance as between
fire and rescue authorities for the purpose of discharging the functions
conferred under section 7, 8 or 9 on any of the authorities participating in the
scheme.
(3)
A reinforcement scheme may make provision for apportioning between the
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authorities participating in the scheme any expenses incurred in taking
measures to secure the efficient operation of the scheme.
(4)
The fire and rescue authorities participating in a reinforcement scheme must
notify the Secretary of State of—
(a)
the making of the scheme;
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(b)
the variation of the scheme;
(c)
the revocation of the scheme.
(5)
The fire and rescue authorities participating in a reinforcement scheme must
give effect to it.
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Directions as to reinforcement schemes
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(1)
This section applies if—
(a)
a fire and rescue authority has asked one or more other fire and rescue
authorities to agree to the making, variation or revocation of a
reinforcement scheme,
(b)
the authorities are unable to agree to the making, terms, variation or
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revocation of the scheme, and
(c)
one of the authorities asks the Secretary of State to act under this
section.
(2)
The Secretary of State may direct the authorities concerned—
(a)
to make a reinforcement scheme in the terms specified in the direction;
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(b)
to make one or more specified variations to a reinforcement scheme;
(c)
to revoke a reinforcement scheme.
(3)
Before giving a direction under subsection (2) the Secretary of State—
(a)
must give both (or all) the authorities concerned an opportunity to
make representations to him;
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(b)
may cause an inquiry to be held.

Fire and Rescue Services Bill
Part 2 — Functions of fire and rescue authorities
8

15
Arrangements with other employers of fire-fighters
(1)
A fire and rescue authority may enter into arrangements with a person who
employs fire-fighters for securing the provision by that person of assistance for
the purpose of the discharge by the authority of a function conferred on it
under section 7, 8 or 9.
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(2)
But a fire and rescue authority may not enter into arrangements under this
section with another fire and rescue authority.
(3)
Arrangements under this section may include provision as to the terms on
which assistance is to be provided (including provision as to payment).
Discharge of functions by others
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16
Arrangements for discharge of functions by others
(1)
A fire and rescue authority (the first authority) may enter into arrangements
with—
(a)
another fire and rescue authority, or
(b)
any other person,
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for the discharge to any extent by that other authority or person of a function
conferred on the first authority under any of sections 6 to 9 and 11.
(2)
But a fire and rescue authority may enter into arrangements with a person
under subsection (1) in relation to its function of extinguishing fires only if the
person employs fire-fighters.
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(3)
Arrangements under this section may include provision as to the terms on
which any function is to be discharged (including provision as to payment).
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Directions as to arrangements under section 16
(1)
The Secretary of State may direct two fire and rescue authorities—
(a)
to enter into arrangements under section 16 in the terms specified in the
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direction;
(b)
to make one or more specified variations to any such arrangements;
(c)
to cancel any such arrangements.
(2)
The Secretary of State may give a direction under subsection (1) on his own
initiative or at the request of one of the authorities.
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(3)
Before giving a direction under subsection (1) the Secretary of State—
(a)
must give the authorities concerned an opportunity to make
representations to him;
(b)
may cause an inquiry to be held.
(4)
The Secretary of State may give a direction under subsection (1) only if, after
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considering—
(a)
any representations made under subsection (3)(a), and
(b)
if an inquiry is held under subsection (3)(b), the report of the person by
whom it is held,

he considers it expedient to do so with a view to securing greater economy,
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efficiency and effectiveness.

Fire and Rescue Services Bill
Part 2 — Functions of fire and rescue authorities
9

Supplementary
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Training centres
A fire and rescue authority may establish and maintain one or more training
centres for providing education and training in matters in relation to which fire
and rescue authorities have functions.
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Charging
(1)
The Secretary of State may by order authorise a fire and rescue authority to
charge a person of a specified description for any action of a specified
description taken by the authority.
(2)
But an order under subsection (1) may not authorise charging for—
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(a)
extinguishing fires;
(b)
protecting life and property in the event of fires.
(3)
The power in subsection (1) includes power to authorise a charge to be
imposed on, or recovered from, a person other than the person in respect of
whom action is taken by the authority.
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(4)
If a fire and rescue authority is authorised by an order under subsection (1) to
charge for taking action of a particular description and the authority decides to
do so—
(a)
the amount of the charge is to be set by the authority;
(b)
the authority may charge different amounts in different circumstances
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(and may charge nothing).
(5)
In setting the amount of a charge, the authority must secure that, taking one
financial year with another, the authority’s income from charges does not
exceed the cost to the authority of taking the action for which the charges are
imposed.
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(6)
Before making an order under this section the Secretary of State must consult
any persons he considers appropriate.
(7)
In this section “financial year” means the period of 12 months ending with 31
March.
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Exercise of powers at or under sea
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(1)
If a fire and rescue authority has power to act, or is required to act, outside the
authority’s area, the authority may exercise the power, or perform the duty, at
sea or under the sea.
(2)
The references in subsection (1) to “sea” are not restricted to the territorial sea
of the United Kingdom.
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Fire and Rescue Services Bill
Part 3 — Administration
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Part 3
Administration
Fire and Rescue National Framework
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Fire and Rescue National Framework
(1)
The Secretary of State must prepare a Fire and Rescue National Framework.
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(2)
The Framework—
(a)
must set out priorities and objectives for fire and rescue authorities in
connection with the discharge of their functions;
(b)
may contain guidance to fire and rescue authorities in connection with
the discharge of any of their functions;
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(c)
may contain any other matter relating to fire and rescue authorities or
their functions that the Secretary of State considers appropriate.
(3)
The Secretary of State must keep the terms of the Framework under review and
may from time to time make revisions to it.
(4)
The Secretary of State must discharge his functions under subsections (1) and
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(3) in the manner and to the extent that appears to him to be best calculated to
promote—
(a)
public safety,
(b)
the economy, efficiency and effectiveness of fire and rescue authorities,
and
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(c)
economy, efficiency and effectiveness in connection with the matters in
relation to which fire and rescue authorities have functions.
(5)
In preparing the Framework, or any revisions to the Framework which appear
to him to be significant, the Secretary of State—
(a)
must consult fire and rescue authorities or persons considered by him
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to represent them;
(b)
must consult persons considered by him to represent employees of fire
and rescue authorities;
(c)
may consult any other persons he considers appropriate.
(6)
The Secretary of State must publish and lay before Parliament—
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(a)
the Framework as first prepared;
(b)
any revisions to the Framework which appear to him to be significant.
(7)
Fire and rescue authorities must have regard to the Framework in carrying out
their functions.
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Intervention by Secretary of State
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(1)
This section applies if the Secretary of State considers that a fire and rescue
authority is failing, or is likely to fail, to act in accordance with the Framework
prepared under section 21.
(2)
For the purpose of securing that the authority acts in accordance with the
Framework the Secretary of State may by order require the authority—
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(a)
to do something;

Fire and Rescue Services Bill
Part 3 — Administration
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(b)
to stop doing something;
(c)
not to do something.
(3)
The Secretary of State may make an order under subsection (2) only if he
considers that making the order would promote—
(a)
public safety,
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(b)
the economy, efficiency and effectiveness of the fire and rescue
authority in respect of which the order is made, or
(c)
economy, efficiency and effectiveness in connection with the matters in
relation to which fire and rescue authorities have functions.
(4)
Before making an order under subsection (2) the Secretary of State must give
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the authority an opportunity to make representations about the order
proposed.
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Best value
(1)
Sections 10 to 13 of the Local Government Act 1999 (c. 27) (best value
inspections) apply in relation to a fire and rescue authority’s compliance with
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section 21(7) as they apply in relation to a best value authority’s compliance
with the requirements of Part 1 of that Act.
(2)
As applied by subsection (1), those sections have effect as if, in section 13(2)(b)
and (4), for “give a direction under section 15” there were substituted “make an
order under section 22 of the Fire and Rescue Services Act 2004”.
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Report
The Secretary of State must from time to time report to Parliament on—
(a)
the extent to which fire and rescue authorities are acting in accordance
with the Framework prepared under section 21;
(b)
any steps taken by him for the purpose of securing that fire and rescue
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authorities act in accordance with the Framework.
Supervision
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Information
A fire and rescue authority must—
(a)
submit to the Secretary of State any reports and returns required by
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him;
(b)
give the Secretary of State any information with respect to its functions
required by him.
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Inquiries
The Secretary of State may cause an inquiry to be held into—
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(a)
the manner in which a fire and rescue authority is discharging any of
its functions;
(b)
the circumstances of, or the steps taken to deal with, a fire, road traffic
accident or emergency of another kind in relation to which a fire and
rescue authority has functions under this Act.
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