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
Part 3 — Administration
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Inspectors
(1)
Her Majesty may by Order in Council appoint inspectors, and the Secretary of
State may appoint assistant inspectors and other officers, for the purpose of
obtaining information as to—
(a)
the manner in which fire and rescue authorities are discharging their
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functions;
(b)
technical matters relating to those functions.
(2)
The Secretary of State may pay to persons appointed under this section
remuneration determined by him.
(3)
A person appointed under section 24 of the Fire Services Act 1947 (c. 41) is to
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be taken to have been appointed under this section.
Equipment etc
28
Equipment, facilities, services and organisations
(1)
The Secretary of State may provide and maintain, or contribute to the provision
and maintenance of, any equipment, facilities and services he considers
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appropriate for promoting the economy, efficiency and effectiveness of fire
and rescue authorities.
(2)
The Secretary of State may establish and maintain, or contribute to the
establishment and maintenance of, any organisations he considers appropriate
for promoting the economy, efficiency and effectiveness of fire and rescue
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authorities.
(3)
Charges may be imposed for the use of equipment, facilities and services
provided by—
(a)
the Secretary of State under subsection (1), or
(b)
an organisation established or maintained by him.
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(4)
The Secretary of State may by order make provision requiring one or more fire
and rescue authorities—
(a)
to use and maintain equipment and facilities specified in the order or of
a description specified in the order;
(b)
to use services specified in the order or of a description specified in the
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order.
(5)
Before making an order under this section the Secretary of State must consult
any persons he considers appropriate.
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Directions for public safety purposes
(1)
The Secretary of State may, if he considers it necessary for the purposes of
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public safety, by order give general or specific directions to one or more fire
and rescue authorities about the use or disposal of property or facilities.
(2)
The provision that may be contained in a direction under subsection (1) given
to an authority includes—
(a)
provision about the use or disposal by the authority of property or
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facilities belonging to or under the control of the authority;
(b)
provision about the use by the authority of property or facilities
belonging to or under the control of another fire and rescue authority

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Part 4 — Employment
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or a person who has made the property or facilities available (or is
willing to do so);
(c)
provision requiring payments to be made by the authority to another
fire and rescue authority or to any other person, in respect of the use of
property or facilities.
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(3)
The references in subsection (2) to property or facilities belonging to a person
include land occupied by the person.
(4)
Before making an order under this section the Secretary of State must consult
any persons he considers appropriate.
Training etc
10
30
Training institution and centres
(1)
The Secretary of State may establish and maintain—
(a)
a central training institution, and
(b)
one or more local training centres,

for one or more of the purposes mentioned in subsection (2).
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(2)
The purposes are—
(a)
the provision of education and training to employees of fire and rescue
authorities;
(b)
the provision of advice and assistance to fire and rescue authorities in
connection with the provision of such education and training;
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(c)
the supervision and regulation of the provision of such education and
training;
(d)
the provision of education and training to persons who provide (or are
to provide) such education and training;
(e)
the provision of education and training (in the United Kingdom or
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elsewhere) to persons who are not employees of fire and rescue
authorities in matters in relation to which fire and rescue authorities
have functions;
(f)
the provision of advice and assistance (in the United Kingdom or
elsewhere) in connection with the provision of such education and
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training.
Part 4
Employment
Negotiating bodies
31
Negotiating bodies
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(1)
The Secretary of State may by regulations make provision for the establishment
of one or more bodies of persons (negotiating bodies) for the purpose of
negotiating the conditions of service of employees of fire and rescue
authorities.
(2)
Regulations under this section must provide for a negotiating body established
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by the regulations to be composed of—

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Part 4 — Employment
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(a)
persons representing the interests of some or all fire and rescue
authorities;
(b)
persons representing the interests of some or all employees of fire and
rescue authorities;
(c)
an independent chairman.
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(3)
A chairman is independent for the purposes of subsection (2) if he is not—
(a)
a member or employee of a fire and rescue authority;
(b)
a Minister of the Crown;
(c)
a person employed in the civil service of the State;
(d)
a member or employee of a body representing the interests of some or
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all employees of fire and rescue authorities.
(4)
Subsection (5) applies if—
(a)
a negotiating body is established under this section, and
(b)
the body includes persons representing the interests of employees of a
particular description.
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(5)
An agreement as to the conditions of service of employees of that description
which is made—
(a)
by or on behalf of a fire and rescue authority, and
(b)
by or on behalf of employees of the description concerned,

is a legally enforceable contract only if its terms were negotiated by means of
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the negotiating body or in accordance with local negotiation arrangements
made by the negotiating body in respect of employees of that description.
(6)
“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
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level.
(7)
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;
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(b)
the conditions of service and descriptions of conditions of service
authorised to be negotiated at local level.
(8)
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.
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(9)
Before making regulations under this section the Secretary of State must
consult any persons he considers appropriate.
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Guidance
(1)
The Secretary of State may issue guidance to negotiating bodies in connection
with the negotiation of the conditions of service of employees of fire and rescue
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authorities.
(2)
Negotiating bodies must have regard to any guidance issued under this section
in negotiating the conditions of service of employees of fire and rescue
authorities.

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Part 4 — Employment
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(3)
In this section “negotiating body” means a negotiating body established under
section 31 or any other body of persons which—
(a)
includes both persons representing the interests of some or all fire and
rescue authorities and persons representing the interests of some or all
employees of fire and rescue authorities, and
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(b)
is constituted in accordance with what appear to the Secretary of State
to be appropriate arrangements for the negotiation of the conditions of
service of employees of fire and rescue authorities.
Pensions etc
33
Pensions etc
10
(1)
The Secretary of State may by order bring into operation one or more schemes
making provision for the payment of pensions, allowances and gratuities to or
in respect of—
(a)
persons who are or have been employed by a fire and rescue authority
or by a Scottish fire authority;
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(b)
persons who die or have died while so employed.
(2)
A scheme brought into operation under this section may in particular—
(a)
provide for the classes of person in respect of whose service awards
may be made;
(b)
provide for treating employment that is not employment by a fire and
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rescue authority or by a Scottish fire authority as if it were such
employment for any purpose of the scheme, to the extent specified in
the scheme and subject to any conditions specified in the scheme;
(c)
provide for the making of contributions by employers and by persons
in respect of whose service awards may be made;
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(d)
provide for the repayment of any such contributions or their
application for the benefit of persons of a specified description;
(e)
provide for the making of payments by the Secretary of State, fire and
rescue authorities and Scottish fire authorities into a fund to which
contributions have been made under the scheme;
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(f)
provide for substituting the Secretary of State for a fire and rescue
authority or a Scottish fire authority, for any purpose of the scheme;
(g)
provide for the making to a fire and rescue authority, a Scottish fire
authority or the Secretary of State of payments in respect of a person’s
previous service, including provision for such payments to be made by
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the Secretary of State;
(h)
provide for any such payments to be reimbursed out of a fund to which
contributions have been made in respect of the previous service to
which the payments related;
(i)
provide for the payment and receipt by fire and rescue authorities or
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Scottish fire authorities of transfer values or of other lump sum
payments made for the purpose of creating or restoring rights to
pensions, allowances and gratuities;
(j)
provide for conditions subject to which an award under the scheme
may be made, for the manner in which questions arising under the
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scheme are to be determined and for appeals from determinations of
such questions;

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(k)
provide for excluding or modifying rights to compensation or damages
in respect of injuries, in cases where awards are made under the scheme
in respect of the injuries;
(l)
make incidental, supplemental, consequential and transitional
provision.
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(3)
An order under this section may take effect from a date which is earlier than
that on which the order is made.
(4)
An order under this section may vary or revoke a scheme brought into
operation by an order under this section.
(5)
Before making, varying or revoking an order under this section the Secretary
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of State must consult any persons he considers appropriate.
(6)
A person commits an offence if he does an act or makes an omission as a result
of which he is injured or becomes ill, for the purpose of obtaining, for himself
or another person—
(a)
an award under a scheme brought into operation under this section, or
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(b)
a sum in respect of the repayment or application of contributions made
under such a scheme.
(7)
A person guilty of an offence under subsection (6) is liable—
(a)
on summary conviction—
(i)
in England and Wales, to imprisonment for a term not
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exceeding 12 months or a fine not exceeding the statutory
maximum;
(ii)
in Scotland, to imprisonment for a term not exceeding 3 months
or a fine not exceeding the statutory maximum;
(b)
on conviction on indictment, to imprisonment for a term not exceeding
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2 years.
(8)
A scheme brought into operation under this section may authorise the
forfeiture of the whole or part of an award or sum obtained by a person who
has been convicted of an offence under subsection (6).
(9)
In relation to an offence under subsection (6) committed before the
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commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the
reference in subsection (7)(a) to 12 months is to be read as a reference to 3
months.
(10)
In this section and section 34 “Scottish fire authority” means—
(a)
a fire authority which is a council constituted under section 2 of the
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Local Government etc. (Scotland) Act 1994 (c. 39), or
(b)
a joint board constituted by virtue of section 36(4)(b) of the Fire Services
Act 1947 (c. 41) or section 147(4) of the Local Government (Scotland)
Act 1973 (c. 65).
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Information in connection with pensions etc
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(1)
A fire and rescue authority or a Scottish fire authority may in prescribed
circumstances—
(a)
provide information in connection with the questions mentioned in
subsection (2) to a prescribed person;

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Part 4 — Employment
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(b)
require a person to whom information is provided under paragraph (a)
to pay a reasonable fee in respect of any administrative expenses
incurred in providing it.
(2)
These are the questions—
(a)
whether an individual who has opted or transferred out has suffered
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loss as a result of a contravention which is actionable under section 150
of the Financial Services and Markets Act 2000 (c. 8) (actions for
damages in respect of contravention of rules etc.);
(b)
if so, what payment would need to be made in respect of that
individual to the fire and rescue authority or Scottish fire authority
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concerned to restore the position to what it would have been if the
individual had not opted or transferred out.
(3)
Subsection (4) applies if—
(a)
an individual who has opted or transferred out becomes entitled to
make contributions to a fire and rescue authority or Scottish fire
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authority under a scheme brought into operation under section 33, or
(b)
a payment is made to a fire and rescue authority or Scottish fire
authority in respect of such an individual to restore the position to what
it would have been if the individual had not opted or transferred out.
(4)
The fire and rescue authority or Scottish fire authority may require a prescribed
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person to pay a reasonable fee in respect of any administrative expenses
incurred in connection with the entitlement or payment.
(5)
An individual is taken to have opted or transferred out for the purposes of this
section if—
(a)
for any period during which he is employed by a fire and rescue
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authority or Scottish fire authority, he does not make contributions to a
scheme brought into operation under section 33 but instead makes
contributions to a personal pension scheme, or
(b)
a transfer value is paid in respect of him to a personal pension scheme
by a fire and rescue authority or Scottish fire authority.
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(6)
In this section—

“personal pension scheme” has the meaning given by section 1 of the
Pension Schemes Act 1993 (c. 48);

“prescribed” means prescribed by regulations made by the Secretary of
State for the purposes of this section.
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Preservation of existing pension scheme
(1)
The Secretary of State may by order provide for the scheme established under
section 26 of the Fire Services Act 1947 (c. 41) (Firemen’s Pension Scheme) to
continue in force despite the repeal by this Act of that section.
(2)
An order under this section may provide for any enactment amended or
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repealed by this Act to continue in effect in relation to that scheme unmodified
or with any modifications specified in the order.
(3)
An order under this section may in particular make new provision for the
name of the scheme.
(4)
This section does not affect any other power in this Act to make transitional or
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transitory provision.