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 7 — General
25

52
Amendments
(1)
Schedule 1 contains minor and consequential amendments.
(2)
The Secretary of State may by order make—
(a)
any supplementary, incidental or consequential provision, and
(b)
any transitory, transitional or saving provision,
5

which he considers necessary or expedient for the purposes of, in consequence
of, or for giving full effect to, any provision of this Act.
(3)
An order under subsection (2) may, in particular—
(a)
provide for any provision of this Act which comes into force before
another such provision has come into force to have effect, until that
10
other provision has come into force, with any modifications specified in
the order, and
(b)
amend, repeal or revoke any enactment other than one contained in an
Act passed in a Session after that in which this Act is passed.
(4)
The amendments that may be made under subsection (3)(b) are in addition to
15
those made by or under any other provision of this Act.
53
Repeals
Schedule 2 contains repeals.
Part 7
General
20
54
Pre-commencement consultation
(1)
Subsection (2) applies if—
(a)
consultation is required to take place under a provision of this Act, and
(b)
before the provision comes into force, consultation takes place which
would have satisfied the requirements of the provision to any extent if
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it had been in force.
(2)
Those requirements must be taken to have been satisfied to that extent.
55
Inquiries: supplementary
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)
(powers in relation to local inquiries) apply in relation to an inquiry under a
30
provision of this Act as they apply in relation to an inquiry under that section.
56
Meaning of “emergency”
In this Act “emergency” means an event or situation that causes or is likely to
cause—
(a)
one or more individuals to die, be seriously injured or become seriously
35
ill, or
(b)
serious harm to the environment (including the life and health of plants
and animals).

Fire and Rescue Services Bill
Part 7 — General
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57
Financial provision
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State in consequence of
this Act;
(b)
any increase attributable to this Act in the sums payable out of money
5
provided by Parliament under another enactment.
58
Orders and regulations
(1)
References in this section to subordinate legislation are to an order or
regulations made by the Secretary of State under this Act.
(2)
Subordinate legislation—
10
(a)
may make different provision for different purposes (including
different provision for different areas, different authorities and
different descriptions of authorities);
(b)
may include incidental, supplemental, consequential, saving or
transitional provision.
15
(3)
A power to make subordinate legislation is exercisable by statutory
instrument.
(4)
A statutory instrument containing (alone or with other provisions) subordinate
legislation which amends or repeals any Act or provision of an Act may not be
made unless a draft of the instrument has been laid before, and approved by a
20
resolution of, each House of Parliament.
(5)
A statutory instrument containing any other subordinate legislation, apart
from an order under section 29 or 59, is subject to annulment in pursuance of a
resolution of either House of Parliament.
59
Commencement
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Parts 1 to 6 come into force in accordance with provision made by the Secretary
of State by order.
60
Wales
(1)
In its application to Wales, the following provisions of this Act have effect as if
for each reference to the Secretary of State there were substituted a reference to
30
the National Assembly for Wales—
(a)
Parts 1 to 6;
(b)
sections 58 and 59.
(2)
In its application to Wales, section 21(6) has effect with the omission of the
words “and lay before Parliament”.
35
(3)
In its application to Wales, section 24 has effect as if for “report to Parliament”
there were substituted “publish a report”.
(4)
Sections 58(4) and (5) do not apply to an order or regulations made by the
National Assembly for Wales.
(5)
Any reference in Schedule 1 to the National Assembly for Wales (Transfer of
40
Functions) Order 1999 to an Act which is amended by this Act is to be treated
as referring to that Act as amended by this Act.

Fire and Rescue Services Bill
Part 7 — General
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(6)
Subsection (5) does not affect the power to make further Orders varying or
omitting that reference.
61
Extent
(1)
Subject to subsection (2), this Act extends to England and Wales only.
(2)
The following provisions also extend to Scotland—
5
(a)
sections 33 to 35;
(b)
in so far as relating to sections 26 to 27A of the Fire Services Act 1947
(c. 41), section 51;
(c)
in so far as relating to sections 46 and 61 of the Reserve and Auxiliary
Forces (Protection of Civil Interests) Act 1951 (c. 65), section 52(1) and
10
Schedule 1;
(d)
in so far as relating to—
(i)
sections 26 to 27A of the Fire Services Act 1947,
(ii)
the Fire Services Act 1951 (c. 27),
(iii)
sections 8 to 10 of the Fire Services Act 1959 (c. 44),
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(iv)
the Superannuation Act 1972 (c. 11), and
(v)
the Police and Firemen’s Pensions Act 1997 (c. 52),

section 53 and Schedule 2;
(e)
sections 58 and 59;
(f)
this section;
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(g)
section 62.
62
Short title
This Act may be cited as the Fire and Rescue Services Act 2004.

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Fire and Rescue Services Bill
Schedule 1 — Minor and consequential amendments

Schedules
Schedule 1
Section 52

Minor and consequential amendments
Explosives Act 1875 (c. 17)
1
In section 67(3A) of the Explosives Act 1875 (definition of local authority),
5
for “fire authority” substitute “fire and rescue authority”.
Forged Transfers Act 1891 (c. 43)
2     (1)
Section 2 of the Forged Transfers Act 1891 (definitions) is amended as
follows.
      (2)
For paragraph (ab) of the definition of “local authority” substitute—
10
“(ab)
a fire and rescue authority in Wales 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;”.
      (3)
In paragraph (b) of that definition, for “that Act” substitute “the Local
Government Finance Act 1988”.
15
Celluloid and Cinematograph Film Act 1922 (c. 35)
3
In section 9 of the Celluloid and Cinematograph Film Act 1922 (definitions),
in the definition of “local authority”, for “fire authority” substitute “fire and
rescue authority”.
Petroleum (Consolidation) Act 1928 (c. 32)
20
4
In section 2(1)(a) of the Petroleum (Consolidation) Act 1928 (local authorities
empowered to grant petroleum-spirit licences), for “fire authority”
substitute “fire and rescue authority”.
London Building Act 1930 (c. clviii)
5
In section 143(3) of the London Building Act 1930 (regulations for building
25
near a dangerous business), for “fire authority” substitute “fire and rescue
authority”.
Public Health Act 1936 (c. 49)
6
In section 343(1) of the Public Health Act 1936 (interpretation), omit the
definition of “fire authority”.
30

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential amendments
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London Building Acts (Amendment) Act 1939 (c. xcvii)
7
The London Building Acts (Amendment) Act 1939 is amended as follows.
8
In section 20(2A) (fire precaution conditions)—
(a)
for “fire authority” substitute “fire and rescue authority”;
(b)
for “fire brigade personnel” in paragraph (e), substitute “fire-
5
fighters”.
9     (1)
In the provisions mentioned in sub-paragraph (2), for “fire authority” (in
each place) substitute “fire and rescue authority”.
      (2)
The provisions are—
(a)
section 20(2C) (fire precautions in certain buildings);
10
(b)
section 34(1) (fire protection in certain new buildings);
(c)
section 35(1) (fire protection in certain old buildings);
(d)
in section 36 (projecting shops), subsections (1), (2) and (3);
(e)
section 37(1) (access to roofs);
(f)
section 38(1) (buildings storing inflammable liquid);
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(g)
section 39 (consent to building alterations);
(h)
section 142(2)(b) (powers of entry).
Statutory Orders (Special Procedure) Act 1945 (c. 18)
10    (1)
Section 11(1) of the Statutory Orders (Special Procedure) Act 1945
(interpretation) is amended as follows.
20
      (2)
For paragraph (aa) of the definition of “local authority” substitute—
“(aa)
a fire and rescue authority in Wales 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;”.
      (3)
In paragraph (c) of that definition, for “that Act” substitute “the Local
25
Government Finance Act 1988”.
Civil Defence Act 1948 (c. 5)
11    (1)
The Civil Defence Act 1948 is amended as follows.
      (2)
In section 1(1)(b) (civil defence functions of Ministers), for “fire brigades”
substitute “employees of fire and rescue authorities”.
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      (3)
In section 5 (civil defence obligations)—
(a)
for “fire brigades” substitute “employees of fire and rescue
authorities”;
(b)
omit the words “and brigades”;
(c)
after “respectively” insert “and by employees of fire and rescue
35
authorities”.
      (4)
In section 9(1) (interpretation), omit the definition of “fire brigade”.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
12    (1)
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is
amended as follows.
40
      (2)
In section 46(3)(iii) (payments to make up civil remuneration), for “Fire
Services Act 1947” substitute “Fire and Rescue Services Act 2004”.

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential amendments
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      (3)
In section 61(1) (presumption of death of persons serving in forces), for
paragraph (d) substitute—
“(d)
a scheme made under section 33 of the Fire and Rescue
Services Act 2004;”.
      (4)
In Schedule 2 (capacities in respect of which payments may be made to make
5
up civil remuneration, and the paying authorities), for the entry numbered
“5” substitute—

“5 Employee of a fire and
The fire and rescue

rescue authority
authority.”

Town and Country Planning Act 1959 (c. 53)
10
13
In Schedule 4 to the Town and Country Planning Act 1959 (authorities with
the power to acquire, appropriate and dispose of land), for paragraph 9
substitute—
“9
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
15
section 4 of that Act applies.”
Caravan Sites and Control of Development Act 1960 (c. 62)
14    (1)
The Caravan Sites and Control of Development Act 1960 is amended as
follows.
      (2)
In the provisions mentioned in sub-paragraph (3), for “fire authority” (in
20
each place) substitute “fire and rescue authority”.
      (3)
The provisions are—
(a)
in section 5 (powers of local authority to attach conditions to site
licences), subsections (3A), (3B) and (7);
(b)
section 8(5) (power of local authority to alter conditions attached to
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site licences);
(c)
section 24(2A) (power of local authority to provide caravan sites).
      (4)
In section 29(1) (interpretation), for the definition of “fire authority”
substitute—

““fire and rescue authority”, in relation to any land, means the fire
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and rescue authority under the Fire and Rescue Services Act 2004
for the area in which the land is situated;”.
Land Compensation Act 1961 (c. 33)
15    (1)
Section 29(1) of the Land Compensation Act 1961 (interpretation) is
amended as follows.
35
      (2)
For paragraph (a) of the definition of “local authority” substitute—
“(a)
a charging authority or precepting authority (as defined in
section 144 of the Local Government Finance Act 1988), or a
combined police authority;
(aa)
a fire and rescue authority in Wales constituted by a scheme
40
under section 2 of the Fire and Rescue Services Act 2004 or a
scheme to which section 4 of that Act applies;”.

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential amendments
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      (3)
In paragraph (b) of that definition, for “that Act” substitute “the Local
Government Finance Act 1988”.
Public Health Act 1961 (c. 64)
16
In section 75(8) of the Public Health Act 1961 (power of local authorities to
make byelaws as to pleasure fairs and roller skating rinks), for “fire authority
5
within the meaning of the Fire Services Act 1947” substitute “fire and rescue
authority under the Fire and Rescue Services Act 2004”.
Pipe-lines Act 1962 (c. 58)
17    (1)
Section 37 of the Pipe-lines Act 1962 (persons to be notified of certain pipe-
line accidents) is amended as follows.
10
      (2)
In subsections (1)(a) and (2)(a), after “fire” insert “and rescue authority”.
      (3)
In subsection (4), for paragraph (a) substitute—
“(a)
“fire and rescue authority” means, in relation to any area, the
fire and rescue authority under the Fire and Rescue Services
Act 2004 for the area;”.
15
Stock Transfer Act 1963 (c. 18)
18    (1)
Section 4(1) of the Stock Transfer Act 1963 (interpretation) is amended as
follows.
      (2)
For paragraph (aa) of the definition of “local authority” substitute—
“(aa)
a fire and rescue authority in Wales constituted by a
20
scheme under section 2 of the Fire and Rescue Services Act
2004 or a scheme to which section 4 of that Act applies;”.
      (3)
In paragraph (b) of that definition, for “that Act” substitute “the Local
Government Finance Act 1988”.
Industrial and Provident Societies Act 1965 (c. 12)
25
19    (1)
Section 31 of the Industrial and Provident Societies Act 1965 (investments) is
amended as follows.
      (2)
For paragraph (a)(ia) substitute—
“(ia)
a fire and rescue authority in Wales constituted by a
scheme under section 2 of the Fire and Rescue Services Act
30
2004 or a scheme to which section 4 of that Act applies;”.
      (3)
In paragraph (a)(ii), for “that Act” substitute “the Local Government Finance
Act 1988”.
Gas Act 1965 (c. 36)
20    (1)
The Gas Act 1965 is amended as follows.
35
      (2)
In section 17 (provisions in relation to gas-related accidents), in subsection
(5)(a) for “fire authority” substitute “fire and rescue authority”.
      (3)
In section 28(1) (interpretation), for the definition of “fire authority”
substitute—

““fire and rescue authority” means a fire and rescue authority
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under the Fire and Rescue Services Act 2004;”.