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Fire and Rescue Services Bill


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

39

 

Acquisition of Land Act 1981 (c. 67)

53    (1)  

Section 7(1) of the Acquisition of Land Act 1981 (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

5

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”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

10

54    (1)  

The Local Government (Miscellaneous Provisions) Act 1982 is amended as

follows.

      (2)  

In the provisions mentioned in sub-paragraph (3), for “fire authority” (in

each place) substitute “fire and rescue authority”.

      (3)  

The provisions are—

15

(a)   

in section 9 (application of section 10), subsections (1) and (2);

(b)   

in section 10 (firemen’s switches for luminous tube signs),

subsections (3), (4), (5), (6), (7), (8), (9) and (10).

      (4)  

In section 9(4) (meaning of “fire authority”), for the words from ““fire

authority” to “1947” substitute ““fire and rescue authority” means a fire and

20

rescue authority under the Fire and Rescue Services Act 2004”.

      (5)  

In section 10, in subsections (3) and (8)(a) for “firemen” substitute “fire-

fighters”.

Road Traffic Regulation Act 1984 (c. 27)

55         

In section 87 of the Road Traffic Regulation Act 1984 (exemptions from

25

speed limits), for “fire brigade” substitute “fire and rescue authority”.

Food Act 1984 (c. 30)

56    (1)  

The Food Act 1984 is amended as follows.

      (2)  

In section 60(d) (market byelaws), for “fire authority” substitute “fire and

rescue authority”.

30

      (3)  

In section 61 (interpretation), for the definition of “fire authority”

substitute—

““fire and rescue authority” means a fire and rescue authority under the

Fire and Rescue Services Act 2004;”.

Building Act 1984 (c. 55)

35

57    (1)  

The Building Act 1984 is amended as follows.

      (2)  

In the provisions mentioned in sub-paragraph (3), for “fire authority” (in

each place) substitute “fire and rescue authority”.

      (3)  

The provisions are—

(a)   

section 15(1) (consultation with fire authority);

40

 

 

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

40

 

(b)   

section 24(1) (provision of exits etc);

(c)   

section 48(4) (effect of initial notice);

(d)   

section 51B(2) (effect of an amendment notice);

(e)   

in section 71 (requirements for entrances, exits etc in certain places),

subsections (1) and (4);

5

(f)   

section 72(1) (means of escape from fire);

(g)   

section 81(6) (duty of local authority to provide copy of notice);

(h)   

in section 82(1), paragraph (i) (provisions in respect of notices under

section 81);

(i)   

section 126 (interpretation).

10

Local Government Act 1985 (c. 51)

58         

The Local Government Act 1985 is amended as follows.

59    (1)  

Section 42 (reorganisation of functions) is amended as follows.

      (2)  

Omit subsections (1)(b) and (2).

      (3)  

In subsection (3), omit “fire or”.

15

60         

In section 60(3) (pensions liabilities of police and fire authorities), for “fire

authority” substitute “fire and rescue authority”.

Housing Act 1985 (c. 68)

61    (1)  

The Housing Act 1985 is amended as follows.

      (2)  

In section 365(3) (local authorities’ powers in relation to means of escape

20

from fires), for “fire authority” substitute “fire and rescue authority”.

      (3)  

In Schedule 1 (tenancies that are not secure tenancies), in paragraph 2(3) for

the words from “fire authority” to “1959)” substitute “fire and rescue

authority”.

Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

25

62    (1)  

The Fire Safety and Safety of Places of Sport Act 1987 is amended as follows.

      (2)  

In sections 28(10) (issue of certificates) and 29(7) (transfer of certificates), for

the words from “the chief officer of police” to “for the area in which it”

substitute “—

(a)   

the chief officer of police, and

30

(b)   

if the local authority are not the fire and rescue authority, the

fire and rescue authority, and

(c)   

if the local authority are not the building authority, the

building authority,

   

for the area in which the sports ground”.

35

      (3)  

In section 29(8) (amendment, cancellation etc. of certificates), for the words

from “the chief officer of police” to “about” substitute “—

(a)   

the chief officer of police, and

(b)   

if the local authority are not the fire and rescue authority, the

fire and rescue authority, and

40

(c)   

if the local authority are not the building authority, the

building authority,

   

about”.

 

 

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

41

 

      (4)  

In section 30(8) (appeals), for paragraph (d) substitute—

“(d)   

if the local authority are not the fire and rescue authority, the

fire and rescue authority; and

(e)   

if the local authority are not the building authority, the

building authority.”

5

      (5)  

In section 35 (powers of entry and inspection), for paragraph (c) substitute—

“(c)   

if the local authority are not the fire and rescue authority, the

fire and rescue authority, or

(d)   

if the local authority are not the building authority, the

building authority,”.

10

Income and Corporation Taxes Act 1988 (c. 1)

63         

In section 842A of the Income and Corporation Taxes Act 1988 (local

authorities), for subsection (2)(f) substitute—

“(f)   

a fire and rescue authority in Wales constituted by a

scheme under section 2 of the Fire and Rescue Services Act

15

2004 or a scheme to which section 4 of that Act applies;”.

Local Government Act 1988 (c. 9)

64         

In Schedule 2 to the Local Government Act 1988 (public authorities required

to exclude non-commercial considerations), for “fire authority constituted

by a combination scheme” substitute “fire and rescue authority constituted

20

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”.

Dartford-Thurrock Crossing Act 1988 (c. 20)

65         

In section 19(a) of the Dartford-Thurrock Crossing Act 1988 (exemption

from tolls), for sub-paragraph (ii) substitute—

25

“(ii)   

a fire and rescue authority under the Fire and Rescue

Services Act 2004; or”.

Environment and Safety of Information Act 1988 (c. 30)

66         

In the Schedule to the Environment and Safety of Information Act 1988

(authorities with duties in relation to public registers), for “fire authority” in

30

the third column substitute “fire and rescue authority”.

Local Government Finance Act 1988 (c. 41)

67    (1)  

The Local Government Finance Act 1988 is amended as follows.

      (2)  

In section 74(1) (levying bodies), in paragraph (c) for “combined fire

authority,” substitute “combined fire and rescue authority in Wales”.

35

      (3)  

In section 111(2)(m) (relevant authorities) and 112(2)(b) (financial

administration of certain authorities), for “combined fire authority”

substitute “combined fire and rescue authority”.

      (4)  

In section 117(5) (levying bodies), in paragraph (c) for “combined fire

authority,” substitute “combined fire and rescue authority in Wales”.

40

 

 

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

42

 

      (5)  

For section 144(5) (combined fire authorities), substitute—

“(5)       

A combined fire and rescue authority is 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 section 4 of that Act

applies.”

5

Road Traffic Act 1988 (c. 52)

68         

In section 85 of the Road Traffic Act 1988 (interpretation of Part 2 of that Act),

in the definition of “light passenger vehicle”, for the words from “a fire

brigade” to “1947)” substitute “any matter in relation to which a fire and

rescue authority has functions (whoever uses it for those purposes)”.

10

Football Spectators Act 1989 (c. 37)

69    (1)  

Section 13 of the Football Spectators Act 1989 (licensing authority’s powers

in relation to safety at football grounds) is amended as follows.

      (2)  

In subsection (3), for the words from “the local authority” to “case)”

substitute “—

15

(a)   

the local authority;

(b)   

the chief officer of police;

(c)   

if the local authority are not the fire and rescue authority, the

fire and rescue authority; and

(d)   

if the local authority are not the building authority, the

20

building authority.”

      (3)  

In subsection (4), for “fire authority” substitute “fire and rescue authority”.

Local Government and Housing Act 1989 (c. 42)

70    (1)  

The Local Government and Housing Act 1989 is amended as follows.

      (2)  

In section 21(1) (meaning of local authority in Part 1), for paragraph (f)

25

substitute—

“(f)   

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 section 4 of that Act applies;”.

      (3)  

In section 67(3) (meaning of local authority in Part 5), for paragraph (h)

30

substitute—

“(h)   

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 section 4 of that Act applies;”.

      (4)  

In section 152(2) (meaning of relevant authority for sections 150 and 151), for

35

paragraph (f) substitute—

“(f)   

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 section 4 of that Act applies;”.

      (5)  

In section 155(4) (authorities that are local authorities for section 155), for

40

paragraph (h) substitute—

“(h)   

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 section 4 of that Act applies.”

 

 

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

43

 

Town and Country Planning Act 1990 (c. 8)

71    (1)  

Section 336(1) of the Town and Country Planning Act 1990 (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

5

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”.

National Health Service and Community Care Act 1990 (c. 19)

10

72         

In paragraph 15(1) of Schedule 8 to the National Health Service and

Community Care Act 1990 (transitional provisions), for “fire authority” (in

both places) substitute “fire and rescue authority”.

Smoke Detectors Act 1991 (c. 37)

73         

In section 2(2) of the Smoke Detectors Act 1991 (power of local authorities to

15

dispense with or relax requirements in relation to smoke detectors), for “fire

authority” substitute “fire and rescue authority”.

Water Industry Act 1991 (c.56)

74         

The Water Industry Act 1991 is amended as follows.

75    (1)  

Section 57 (duty to supply water for fire-fighting) is amended as follows.

20

      (2)  

In subsections (2) and (4), for “fire authority” substitute “fire and rescue

authority”.

      (3)  

In subsection (5)—

(a)   

after “Subject to” insert “subsection (5A) and”;

(b)   

for “fire authority” substitute “fire and rescue authority”.

25

      (4)  

After subsection (5) insert—

“(5A)   

Where a fire-hydrant is damaged as the result of any use made of it

with the authority of a water undertaker, other than use for the

purposes of fire-fighting or for any other purposes of a fire and

rescue authority, the fire and rescue authority is not liable for the cost

30

of repairing or replacing the hydrant.”

76         

In section 147(1) (charging for emergency use of water)—

(a)   

after “Notwithstanding anything” insert “in section 37(2) of the Fire

and Rescue Services Act 2004, or anything”;

(b)   

for “fire authority” substitute “fire and rescue authority”.

35

77         

In paragraph 15 of Schedule 4A (premises not to be disconnected for non-

payment of charges), for “fire brigade maintained in pursuance of the Fire

Services Act 1947” substitute “fire and rescue authority”.

Water Resources Act 1991 (c. 57)

78         

In section 32(2) of the Water Resources Act 1991 (rights to abstract)—

40

 

 

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

44

 

(a)   

in paragraph (a), for the words from “fire-fighting” to “1947)”

substitute “extinguishing fires or protecting life and property in the

event of fire”;

(b)   

in paragraph (b), after “used for” insert “either of”.

Local Government Finance Act 1992 (c.14)

5

79         

In section 39(1) of the Local Government Finance Act 1992 (major precepting

authorities), for paragraph (da) substitute—

“(da)   

a fire and rescue authority in England 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;”.

10

Local Government Act 1992 (c. 19)

80    (1)  

Section 18 of the Local Government Act 1992 (consequences of structural

changes) is amended as follows.

      (2)  

Omit subsection (3).

      (3)  

In subsection (4), for paragraph (b) substitute—

15

“(b)   

his power to make a scheme under section 2 of the Fire and

Rescue Services Act 2004 (combined fire and rescue

authorities),”.

Local Government (Overseas Assistance) Act 1993 (c. 25)

81         

In section 1(10) of the Local Government (Overseas Assistance) Act 1993

20

(bodies to which power to provide advice and assistance applies), for

paragraph (a) substitute—

“(a)   

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 section 4 of that Act applies;”. 

25

Welsh Language Act 1993 (c. 38)

82         

In section 6(1) of the Welsh Language Act 1993 (meaning of public body), for

paragraph (e) substitute—

“(e)   

a fire and rescue authority constituted by a scheme under

section 2 of the Fire and Rescue Services Act 2004 or a scheme

30

to which section 4 of that Act applies;”.

Vehicle Excise and Registration Act 1994 (c. 22)

83    (1)  

Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles)

is amended as follows.

      (2)  

In paragraph 4(2) (fire engines), for paragraph (b) substitute—

35

“(b)   

is used solely for purposes in relation to which a fire and

rescue authority under the Fire and Rescue Services Act 2004

has functions (whoever uses it for those purposes).”

      (3)  

In paragraph 5 (other vehicles kept by fire authorities)—

(a)   

for “fire authority” substitute “fire and rescue authority”;

40

(b)   

for “fire brigade service” substitute “functions”.

 

 

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

45

 

London Local Authorities Act 1995 (c. x)

84    (1)  

The London Local Authorities Act 1995 is amended as follows.

      (2)  

In the provisions mentioned in sub-paragraph (3), for “fire authority” (in

each place) substitute “fire and rescue authority”.

      (3)  

The provisions are—

5

(a)   

section 2 (interpretation);

(b)   

in section 17 (applications), subsections (1), (2) and (3);

(c)   

section 22(3) (variation of near beer licences);

(d)   

section 25(3) (powers of entry).

      (4)  

In section 5(5) (right to stop in prohibited zones), in paragraph (c) for “fire

10

brigade” substitute “fire and rescue authority”.

Merchant Shipping Act 1995 (c. 21)

85         

In section 135(1) of the Merchant Shipping Act 1995 (restrictions on transfer

of oil at night), for “fire brigade” substitute “fire and rescue authority or

other employer of fire-fighters”.

15

Audit Commission Act 1998 (c. 18)

86         

In paragraph 1 of Schedule 2 to the Audit Commission Act 1998 (accounts

subject to audit), for paragraph (m) substitute—

“(m)   

a fire and rescue authority constituted by a scheme under

section 2 of the Fire and Rescue Services Act 2004 or a scheme

20

to which section 4 of that Act applies;”.

Crime and Disorder Act 1998 (c. 37)

87    (1)  

The Crime and Disorder Act 1998 is amended as follows.

      (2)  

In section 5 (authorities responsible for strategies)—

(a)   

in subsection (1)(d), for “fire authority” substitute “fire and rescue

25

authority”;

(b)   

in subsection (5), for the definition of “fire authority” substitute—

   

““fire and rescue authority” means—

(a)   

a fire and rescue authority 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;

(b)   

a metropolitan county fire and civil defence

authority; or

(c)   

the London Fire and Emergency Planning

35

Authority;”.

      (3)  

In section 17(2) (duty of authorities to consider crime and disorder

implications), for “a fire authority constituted by a combination scheme

under the Fire Services Act 1947 (c. 41)” substitute “a fire and rescue

authority constituted by a scheme under section 2 of the Fire and Rescue

40

Services Act 2004 or a scheme to which section 4 of that Act applies”.

 

 

 
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