Amendments proposed to the Fire and Rescue Services Bill, As Amended - continued	House of Commons
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Control of fire scene

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

NC10

To move the following Clause:—

    '(1)   Subject to the provisions of section 10, the senior fire and rescue authority employee present at the scene of a fire shall have the sole charge and control of all operations for the extinction of the fire.

    (2)   Where employees of more than one fire and rescue authority are present at the scene of a fire, the senior employee of the fire and rescue authority in the area of which the fire scene is situated shall have control as provided in subsection (11).'.

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Setting of fire, death and arson targets and reporting on performance

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

NC11

To move the following Clause:—

    '(1)   The Secretary of State shall for each Fire and Rescue Authority set a target for—

(a)	the reduction in the number of accidental fire deaths in the home; and

(b)	the reduction in the number of deliberate fires.

    (2)   The targets referred to in subsection (1) shall be published annually by the Secretary of State for a period of five years forward.

    (3)   The Secretary of State shall place before parliament at least once in every session a report specifying—

(a)	the targets under subsection (1)(a) and (1)(b);

(b)	any changes to those targets since the previous report and the reasons for those changes;

(c)	measures taken or being taken to achieve the targets set out in subsection (1)(a) and (1)(b); and

(d)	the Secretary of State's assessment of progress towards achieving those targets.'.

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Regional assemblies

   

Richard Younger-Ross
Dr John Pugh

NC12

*To move the following Clause:—

    '(1)   In its application to Regional Assemblies, the following provisions of this Act have effect as if for each reference to the Secretary of State there were substituted a reference to Regional Assemblies—

(a)	Parts 1 to 3 and 5 and 6;

(b)	sections 57 and 58.

    (2)   Sections 57(4) and (5) do not apply to an order or regulations made by Regional Assemblies.

    (3)   For the purposes of this Clause, a "Regional Assembly" means an elected assembly for a region that has been established pursuant to a referendum held under the Regional Assemblies (Preparations) Act 2003.'.

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Fire safety

   

Richard Younger-Ross
Dr John Pugh

NC13

*To move the following Clause:—

    '(1)   The Secretary of State may give direction to a fire and rescue authority to inspect the fire safety of one or all of—

(a)

schools;

(b)	residential and nursing homes;

(c)	homes in multiple occupation;

in the authorities' area.

    (2)   The Secretary of State shall give such direction to a fire and rescue authority as conferred by paragraph (1) of this Clause if requested to do so by a local authority or fire and rescue authority for the area of that authority.

    (3)   Where inspections are made under paragraphs (1) or (2) the Fire and Rescue Authority shall make a report detailing, in particular how fire safety may be improved by—

(a)	the installation of fire sprinkler or misting systems;

(b)	alteration to means of escape;

(c)	passive fire protection measures;

(d)	fire and smoke alarm system.

    (4)   Where reports are received by the Secretary of State under paragraph (3) of this Clause the Secretary of State shall consult with—

(a)	the existing authorities in question;

(b)	any persons he considers appropriate as to whether further legislation is required to require the retro fitting of such measures and to what extent it is practical to do so.

    (5)   The Secretary of State shall after such consultation as carried out under paragraph (4) of this Clause publish the results of such consultation.'.

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Fire sprinklers

   

Richard Younger-Ross
Dr John Pugh

NC14

*To move the following Clause:—

    '(1)   The Secretary of State shall require sprinkler or misting systems to be provided in all—

(a)	new schools;

(b)	new homes in multiple occupation;

(c)	new residential and nursing homes.

    (2)   For the purposes of this Clause "new" means a completely new building or a building converted from other use.'.

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Richard Younger-Ross
Dr John Pugh

21

*Page     2,     line     14     [Clause     2],     after 'Act', insert 'that one or more fire and rescue authorities are failing to discharge their duties and this Act and'.

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

14

Page     2,     line     16     [Clause     2],     leave out from 'area' to end of line 18.

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

3

Page     2,     line     17     [Clause     2],     leave out from 'constitutes' to end of line 18 and insert 'an area identified by the study published by the Secretary of State in accordance with section [regional management structures] as an optimum geographical area for the organisation of fire and rescue services.'.

   

Richard Younger-Ross
Dr John Pugh

22

*Page     2,     line     18     [Clause     2],     at end insert—

', or

(c)

that a draft scheme has been submitted to him by two or more existing authorities and it appears to the Secretary of State that for the purposes of this Act, in the interests of greater economy, efficiency and effectiveness, there should be a single fire and rescue authority for the combined area.'.

   

Mr Secretary Prescott

7

Page     2,     line     40     [Clause     2],     leave out 'may' and insert 'must'.

   

Mr Secretary Prescott

8

Page     2,     line     42     [Clause     2],     at end insert—

    '(8A)   The Secretary of State is not required to cause an inquiry to be held under subsection (8) (but may do so) if—

(a)	in a case within subsection (8)(a), the existing authorities in question agree to the making of the scheme,

(b)	in a case within subsection (8)(b), the combined fire and rescue authority and any other authority which would, apart from the scheme, be a fire and rescue authority under section 1 and which would be affected by the variation or revocation, agree to the variation or revocation,

(c)

in either case, it appears to the Secretary of State that the scheme, variation or revocation is to be made solely for the purpose of giving effect to an order under Part 4 of the Local Government Act 1972 (c. 70), Part 2 of the Local Government Act 1992 (c. 19) or section 17 of the Regional Assemblies (Preparations) Act 2003 (c. 10), or

(d)	in either case, the Secretary of State considers that, in the interests of public safety, the scheme should be made, varied or revoked without delay.'.

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Richard Younger-Ross
Dr John Pugh

23

*Page     3,     line     40     [Clause     3],     leave out 'half' and insert 'one third'.

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Mr Secretary Prescott

9

Page     4,     line     22     [Clause     4],     after '(4)', insert 'varying or'.

   

Mr Secretary Prescott

10

Page     4,     line     23     [Clause     4],     leave out 'may' and insert 'must'.

   

Mr Secretary Prescott

11

Page     4,     line     23     [Clause     4],     at end insert—

    '(7)   The Secretary of State is not required to cause an inquiry to be held under subsection (6) (but may do so) if—

(a)	the combined authority and any other authority which would, apart from the scheme, be a fire and rescue authority under section 1 and which would be affected by the variation or revocation, agree to the variation or revocation,

(b)

it appears to the Secretary of State that the scheme is to be varied or revoked solely for the purpose of giving effect to an order made under Part 4 of the Local Government Act 1972 (c. 70), Part 2 of the Local Government Act 1992 (c. 19) or section 17 of the Regional Assemblies (Preparations) Act 2003 (c. 10), or

(c)	the Secretary of State considers that, in the interests of public safety, the scheme should be varied or revoked without delay.'.

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Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

5

Page     6,     line     18,     leave out Clause 10.

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Mr Secretary Prescott

12

Page     9,     line     10     [Clause     19],     leave out subsection (2) and insert—

    '(2)   An order under subsection (1) may authorise charging for extinguishing fires, or protecting life and property in the event of fires, only in respect of fires which are at sea or under the sea.

    (2A)   An order under subsection (1) may not authorise charging for emergency medical assistance.'.

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

2

Page     9,     line     10     [Clause     19],     leave out subsection (2).

   

Mr Secretary Prescott

13

Page     9,     line     29     [Clause     19],     at end insert—

    '(8)   The references in subsection (2) to "sea" are not restricted to the territorial sea of the United Kingdom.'.

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Richard Younger-Ross
Dr John Pugh

20

*Page     10,     line     8     [Clause     21],     after 'functions', insert 'the decision on which cannot be reasonably devolved to a fire and rescue authority.'.

Prepared 11 Mar 2004