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
Schedule 1 — Minor and consequential amendments
46

Local Government Act 1999 (c.27)
88
The Local Government Act 1999 is amended as follows.
89
In section 1(1) (best value authorities), 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
5
to which section 4 of that Act applies, and a metropolitan
county fire and civil defence authority;”.
90
In section 29(2)(a) (modifications of Part 1 for Wales: authorities which are
not best value authorities) omit “or (e)”.
London Local Authorities Act 2000 (c. vii)
10
91
In section 6 of the London Local Authorities Act 2000 (parking outside
designated parking places), in the amended section 5(4) of the London Local
Authorities Act 1995 at paragraph (c), for “fire brigade” substitute “fire and
rescue authority”.
Local Government Act 2000 (c. 22)
15
92
In section 49(6) of the Local Government Act 2000 (authorities that must be
consulted regarding principles governing conduct of members), for
paragraph (l) substitute—
“(l)
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,”.
Freedom of Information Act 2000 (c. 36)
93
In Schedule 1 to the Freedom of Information Act 2000 (public authorities),
for paragraph 14 substitute—
“14
A fire and rescue authority constituted by a scheme under section
25
2 of the Fire and Rescue Services Act 2004 or a scheme to which
section 4 of that Act applies.”
Capital Allowances Act 2001 (c. 2)
94
In section 29(3)(a) of the Capital Allowances Act 2001 (expenditure incurred
for fire safety), for “fire authority” (in both places) substitute “fire and rescue
30
authority”.
Criminal Justice and Police Act 2001 (c. 16)
95    (1)
The Table in section 1(1) of the Criminal Justice and Police Act 2001 (offences
leading to on the spot penalties) is amended as follows.
      (2)
Omit the entry for section 31 of the Fire Services Act 1947.
35

Fire and Rescue Services Bill
Schedule 1 — Minor and consequential amendments
47

      (3)
At the end add—

“Section 48 of the Fire and
Knowingly giving a false

Rescue Services Act 2004 (c.
alarm of fire”

00)

Licensing Act 2003 (c. 17)
5
96    (1)
The Licensing Act 2003 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)
in section 5 (statement of licensing policy), subsection (3)(b);
10
(b)
in section 13 (meaning of “responsible authority”), subsection (4)(b);
(c)
in section 69 (meaning of “responsible authority”), subsection (4)(b);
(d)
in section 177(8) (dancing and music in small premises), paragraph
(b) of the definition of “permitted capacity”.
Local Government Act 2003 (c.26)
15
97
The Local Government Act 2003 is amended as follows.
98
In section 23(1) (local authorities) 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
to which section 4 of that Act applies;”.
20
99
In section 33(1) (interpretation of Chapter 1) for paragraph (l) substitute—
“(l)
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;”.
100
In section 99(7) (performance categories of English local authorities), in the
25
definition of “English local authority” omit the “or” at the end of paragraph
(d) and after paragraph (e) insert—
“(f)
a metropolitan fire and civil defence authority,
(g)
the London Fire and Emergency Planning Authority, or
(h)
a fire and rescue authority constituted by a scheme under
30
section 2 of the Fire and Rescue Services Act 2004 or a scheme
to which section 4 of that Act applies.”
101
In section 101(7) (staff transfer matters: general), omit paragraph (b) and the
word “or” immediately preceding it.
Fire Services Act 2003 (c. 36)
35
102
The Fire Services Act 2003 is amended as follows.
103   (1)
Section 1 (Secretary of State’s powers) is amended as follows.
      (2)
In subsections (1)(a), (3) and (5)(a) for “fire brigade members” substitute
“employees of a fire and rescue authority”.

Fire and Rescue Services Bill
Schedule 2 — Repeals
48

      (3)
Omit subsections (1)(b), (2) and (4) and, in subsection (5)(b), the words from
“(including” to “authorities)”.
      (4)
In subsection (9) for “fire authority” substitute “fire and rescue authority”.
104   (1)
Section 3 (supplemental provisions) is amended as follows.
      (2)
In subsection (2)—
5
(a)
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;”;
(b)
omit the definitions of “fire brigade” and “fire brigade member”;
(c)
in the definition of “negotiating body”—
10
(i)
for “fire authorities” substitute “fire and rescue authorities”;
(ii)
for “fire brigade members” (in both places) substitute
“employees of fire and rescue authorities”.
      (3)
Omit subsection (3).
      (4)
In subsection (4)—
15
(a)
in paragraph (b), for “fire authority or fire authorities” substitute
“fire and rescue authority or fire and rescue authorities”;
(b)
in paragraph (c), for “a fire brigade member there were substituted
references to” substitute “employees of a fire and rescue authority
there were substituted references to members of”;
20
(c)
omit paragraph (e).
Schedule 2
Section 53

Repeals

Short title and chapter
Extent of repeal

London County Council
Section 4.

25

(General Powers) Act 1894 (c.

ccxii)

Public Health Act 1936 (c. 49)
In section 343(1), the definition of “fire

authority”.

Fire Services Act 1947 (c. 41)
The whole Act.

30

Civil Defence Act 1948 (c. 5)
In section 5, the words “and brigades”.

In section 9(1), the definition of “fire brigade”.

London County Council
Section 51.

(General Powers) Act 1949 (c

lv)

35

Fire Services Act 1951 (c. 27)
The whole Act.

Fire Services Act 1959 (c. 44)
The whole Act.

Fire Precautions Act 1971 (c. 40)
Section 29.

Pensions (Increase) Act 1971
Section 15.

(c. 56)
In Schedule 2, paragraph 45.

40

Superannuation Act 1972 (c. 11)
Section 16.

Fire and Rescue Services Bill
Schedule 2 — Repeals
49

Short title and chapter
Extent of repeal

Local Government Act 1972
Section 100J(5).

(c. 70)
Section 112(4)(c).

Local Government Act 1985
In section 42, subsections (1)(b) and (2) and, in

(c. 51)
subsection (3), the words “fire or”.

5

In Schedule 11, paragraph 2(1) and (2).

Water Act 1989 (c. 15)
In Schedule 25, paragraph 9.

Local Government and
Section 2(6)(b).

Housing Act 1989 (c. 42)
Section 7(2)(b).

Water Industry Act 1991 (c. 56)
Section 57(10).

10

Section 147(4).

Local Government Act 1992
Section 18(3).

(c. 19)

Police and Firemen’s Pensions
Sections 1(3) and 3.

Act 1997 (c. 52)

15

Merchant Shipping and
Section 4.

Maritime Security Act 1997

(c. 28)

Local Government Act 1999
In section 29(2)(a), the words “or (e)”.

(c. 27)

20

Local Government Act 2000
In Schedule 5, paragraph 14.

(c. 22)

Criminal Justice and Police Act
In the Table in section 1(1), the entry for section

2001 (c. 16)
31 of the Fire Services Act 1947.

Regional Assemblies
In the Schedule, paragraph 1.

25

(Preparations) Act 2003

(c. 10)

Marine Safety Act 2003 (c. 16)
Section 2.

Local Government Act 2003 (c.
In section 99(7), the word “or” at the end of

26)
paragraph (d).

30

In section 101(7), paragraph (b) and the word

“or” immediately preceding it.

Section 121.

In Schedule 7, paragraph 1.

Fire Services Act 2003 (c. 36)
In section 1, subsections (1)(b), (2), (4) and, in

35

subsection (5)(b), the words from

“(including” to “authorities)”.

In section 3—

(a)
in subsection (2), the definitions of “fire

brigade” and “fire brigade member”;

40

(b)
subsections (3) and (4)(e).