S.C.G.
Amendment Paper as at
Thursday 12th February 2004
STANDING COMMITTEE G
FIRE AND RESCUE SERVICES BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [10th February].
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
21
Clause 4, page 4, line 14, after 'must', insert—
'(a) obtain the agreement of the fire and rescue authority constituted under the scheme or (in the case of an order to revoke the scheme) the agreement of all the authorities which would, apart from the scheme, be fire and rescue authorities under section 1 for any part of the area covered by the authority constituted under the scheme; and
(b)'.
Richard Younger-Ross
Dr John Pugh
8
Clause 4, page 4, line 19, at end insert—
| '(d) | all local authorities within or including the area of the fire and rescue authorities affected.'. |
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
22
Clause 4, page 4, line 21, leave out 'may' and insert 'shall'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
23
Clause 4, page 4, line 21, at end add 'and shall only make the proposed order if the inquiry concludes that making the order is in the interests of greater economy, efficiency and effectiveness of the fire and rescue services concerned.'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
24
Clause 5, page 4, line 23, after 'authority', insert 'determined in accordance with section 1 or'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
25
Clause 5, page 4, line 26, leave out second 'the' and insert 'any applicable'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
26
Clause 6, page 4, line 34, leave out 'considers it' and substitute 'is'.
Richard Younger-Ross
Dr John Pugh
72
Clause 6, page 4, line 40, at end insert—
| '(ia) | how the use of sprinklers can be an effective means of reducing death, injuries and damage as a result of fires.'. |
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
27
Clause 7, page 5, line 6, leave out 'and property' and insert ', property and the environment'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
28
Clause 7, page 5, line 10, leave out 'normal requirements' and insert 'requirements which it is reasonable to anticipate, after taking into consideration any arrangements which the authority has entered into under the provisions of sections 13, 15 and 16.'.
Richard Younger-Ross
Dr John Pugh
73
Clause 7, page 5, line 11, at end insert—
| '(ba) | make arrangements for the provision of information, publicity and encouragement in respect of steps to be taken to prevent fires and death or injury by fire to any school within the authority's area that so request it.'. |
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
29
Clause 8, page 5, line 22, leave out 'considers it' and insert 'is'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
30
Clause 8, page 5, line 27, leave out 'normal requirements' and insert 'requirements which it is reasonable to anticipate, after taking into consideration any arrangements which the authority has entered into under the provisions of sections 13, 15 and 16.'.
Richard Younger-Ross
Dr John Pugh
79
Clause 8, page 5, line 35, at end add—
'(3) The Secretary of State shall make a direction that a fire officer or firefighter shall be responsible for the management of a road traffic accident except where there is a police officer present.'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
31
Clause 9, page 5, line 42, at end insert ', but such an order may only be made with the consent of each authority in the area of which such functions are to be discharged.'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
32
Clause 9, page 6, line 12, at end insert—
'(3A) An order under this section conferring a function additional to its functions under sections 7 and 8 for which a fire and rescue authority must make provision shall also provide for the payment to that authority by the Secretary of State of sums calculated to meet the capital and recurring costs of the discharge of such functions.'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
33
Clause 9, page 6, line 12, at end insert—
'(3B) An order under this section conferring a function on a fire and rescue authority which is to be discharged outside the authority's area shall also provide for payment to the authority by all fire and rescue authorities in the area of which such functions are to be discharged of such contributions to the capital and recurring costs of the discharge of such functions as the Secretary of State shall determine are appropriate.'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
34
Clause 9, page 6, line 16, at end add—
'(6) Before making an order under this section the Secretary of State shall cause an inquiry to be held and shall only make the proposed order if the inquiry concludes that the making of the order is in the interests of greater economy, efficiency and effectiveness of the fire and rescue service.'.
Richard Younger-Ross
Dr John Pugh
68
Clause 9, page 6, line 16, at end add—
'(6) When making an order under subsection (1) the Secretary of State shall make payment to that authority for all reasonable additional, direct and indirect costs borne by that authority in following that order.'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
57
Clause 10, page 6, line 19, after 'State', insert 'for the purpose of ensuring preparedness for an emergency as defined in section 1 of the Civil Contingencies Bill 2004'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
61
Clause 10, page 6, line 19, after 'may', insert 'by order'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
58
Clause 10, page 6, line 20, after 'direction', insert 'in circumstances specified in the direction'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
59
Clause 10, page 6, line 21, after 'a', insert 'class or type of'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
60
Clause 10, page 6, line 22, leave out 'an' and insert 'a class or type of'.
Richard Younger-Ross
Dr John Pugh
78
Clause 10, page 6, line 26, at end add—
'(4) When making a direction under subsection (1) above the Secretary of State shall make payment to that authority for all reasonable additional costs, direct and indirect borne by that authority in following that direction.'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
62
Clause 11, page 6, line 38, at end insert 'by acquisition or by agreement with third parties who own or control such equipment'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
63
Clause 11, page 6, line 39, after '(1)', insert '(a)'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
64
Clause 11, page 6, line 40, at end add—
'(5) The power conferred by subsection (1)(b) may be exercised outside as well as within the authority's area in respect of events or situations relating to functions conferred on the authority by the Secretary of State under section 9 with a requirement that such functions be discharged outside the authority's area.
(6) Nothing in this section shall be taken to grant immunity from criminal or civil action in respect of actions taken by an authority under subsection (1).'.
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
65
Clause 12, page 7, line 4, at end insert 'so long as such provision does not impair the authority's discharge of the functions conferred on it by sections 6, 7, 8 and 9'.
Richard Younger-Ross
Dr John Pugh
77
Clause 12, page 7, line 6, at end add—
'(3) Where there is evidence of local public need and support the Secretary of State may direct a fire and rescue authority to consult with the ambulance service on the provision of a co-responding scheme provided by firefighters.'.
