S.C.G.
Amendment Paper as at
Thursday 26th 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 Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
100
Clause 25, page 11, line 30, after 'returns', insert 'reasonably'.
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
101
Clause 25, page 11, line 32, leave out sub-paragraph (b).
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
102
Clause 28, page 12, line 15, leave out from 'considers' to end of line 17 and insert 'necessary for the protection of public safety'.
Richard Younger-Ross
Dr John Pugh
184
Clause 28, page 12, line 18, leave out subsection (2).
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
103
Clause 28, page 12, line 19, leave out from 'considers' to end of line 21 and insert 'necessary for the protection of public safety and the effective discharge of functions conferred on fire and rescue authorities under section 9.'.
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
104
Clause 28, page 12, line 22, after 'imposed', insert 'by order'.
Richard Younger-Ross
Dr John Pugh
185
Clause 28, page 12, line 25, leave out subsection (3)(b).
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
105
Clause 28, page 12, line 25, at end insert 'under subsection (2)'.
Richard Younger-Ross
Dr John Pugh
186
Clause 28, page 12, line 30, leave out subsection (4)(b).
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
106
Clause 28, page 12, line 32, leave out from 'consult' to end of line 33 and insert—
'(a) the authorities proposed to be subject to the order;
(b) any person recognised as representing any group of employees of an authority proposed to be subject to the order; and
(c) any other person the Secretary of State considers likely to be affected by the order.'.
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
107
Clause 29, page 12, line 37, at end insert—
'(1A) An order under subsection (1) may only be made where one or more fire and rescue authorities is or is considered by the Secretary of State to be likely to become, unable to discharge its functions under sections 7, 8 or 9.'.
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
108
Clause 30, page 13, line 15, at end insert—
'(1A) The Fire Service College shall be deemed to be established by the Secretary of State in accordance with subsection (1)'.
Richard Younger-Ross
Dr John Pugh
187
Clause 30, page 13, line 31, at end add—
'(3) The centres may use their resources for other training purposes of such training utilising facilities necessary under subsection (2) does not detract from the purposes outlined in subsection (2) and adds to the economy, efficiency and effectiveness of the centre.'.
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
149
Clause 31, page 13, line 36, after 'may,' insert 'subject to subsection (1A)'.
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
109
Clause 31, page 13, line 37, leave out 'one or more'.
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
110
Clause 31, page 13, line 38, after second 'of', insert 'a particular description of'.
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
150
Clause 31, page 13, line 39, at end insert—
'(1A) the Secretary of State may only make regulations under subsection (1) if he has secured the agreement of the Scottish Executive and the Welsh Assembly to collaborate in a scheme, the effect of which is that the bodies created under subsection (1) will also have the function of negotiating the conditions of service of employees of fire and rescue authorities in Wales and of fire authorities in Scotland.'.
Richard Younger-Ross
Dr John Pugh
182
Clause 31, page 14, line 3, leave out subsection (2)(b) and insert—
| '(b) | Persons representing the interests of some or all employees of fire and rescue services, such persons being representative of organisations considered by the Secretary of State to be appropriate and the number of representatives being proportionate to membership of the organisation.'. |
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
111
Clause 31, page 14, line 5, at end insert 'appointed in accordance with advice to the Secretary of State from the Commissioner for Public Appointments.'.
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
112
Clause 31, page 14, line 12, leave out subsections (4), (5) and (6).
Mr Nick Raynsford
163
Clause 31, page 14, line 21, after 'body' insert 'or in accordance with local negotiation arrangements made by the negotiating body in respect of employees of that description'.
Mr Nick Raynsford
164
Clause 31, page 14, line 21, at end insert—
'(5A) "Local negotiation arrangements" means arrangements made by a negotiating body established under this section for the purpose of enabling conditions of service of employees of fire and rescue authorities to be negotiated at local level.
(5B) Local negotiation arrangements may (in particular) include provision with regard to—
| (a) | the persons or descriptions of persons by whom, or by means of whom, negotiations are authorised to be carried out at local level; |
| (b) | the conditions of service and descriptions of conditions of service authorised to be negotiated at local level. |
(5C) Local negotiation arrangements may be made by a negotiating body in respect of employees of a particular description only if the negotiating body includes persons representing the interests of employees of that description.'.
Mr Nick Raynsford
165
Clause 31, page 14, line 22, leave out subsection (6).
Richard Younger-Ross
Dr John Pugh
183
Clause 31, page 14, line 26, at end add—
'(8) A fire and rescue authority will grant leave to representatives of trade unions representing employees in accordance with (2)(b) above, such leave to be granted subject to the provisions provided for in the ACAS Code of Practice—Time off for trade union duties and activities.
(9) The pay and conditions of all part-time employees will be on an equal pro-rata basis to full-time employees.'.
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
113
Clause 32, page 14, line 31, leave out subsection (2).
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
114
Clause 32, page 14, line 39, leave out from 'constituted' to 'negotiation' in line 40 and insert 'for the purpose of'.
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
115
Clause 33, page 15, line 8, leave out subsection (1)(b).
Mr Nick Raynsford
166
Clause 33, page 15, line 8, after 'die' insert 'or have died'.
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
116
Clause 33, page 15, line 12, leave out subsection (2)(b).
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
117
Clause 33, page 15, line 23, leave out subsection (2)(f).
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
118
Clause 33, page 15, line 25, leave out subsection (2)(g).
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
119
Clause 33, page 15, line 41, after 'made', insert 'and accepted'.
Mr Nick Raynsford
167
Clause 33, page 15, line 44, at end insert—
'(2A) An order under this section may take effect from a date which is earlier than that on which the order is made.'.
Mr Phillip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire
120
Clause 33, page 16, line 8, leave out from 'conviction' to 'to' in line 9.
