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Amendment Paper as at
Monday 15th March 2004

CONSIDERATION OF BILL


FIRE AND RESCUE SERVICES BILL

NEW CLAUSES

Fire and Rescue National Framework—Scrutiny

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

NC1

To move the following Clause:—

    '(1)   The Framework referred to in section 21 as first prepared shall not have effect until an order providing that it shall have effect for the purposes of section 21 has been made by the Secretary of State.

    (2)   Any revisions to the Framework which the Secretary of State wishes to make shall not have effect until an order providing that they shall have effect as amendments to the Framework has been made by the Secretary of State.'.


Retained firefighters

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

NC2

To move the following Clause:—

    '(1)   The Secretary of State shall by order, within six months of the coming into effect of any part of this Act, establish a body to be known as the Advisory Panel on the Recruitment and Retention of Retained Firefighters.

    (2)   The body shall be made up of such people as the Secretary of State shall appoint to include—

      (a) at least two persons appearing to the Secretary of State to be representatives of fire and rescue authorities or organisations representing fire and rescue authorities;

      (b) at least two persons appearing to the Secretary of State to be representatives of retained firefighters or organisations representing retained firefighters;

      (c) at least two persons appearing to the Secretary of State to be representatives of private sector employers or organisations representing private sector employers;

      (d) at least two persons appearing to the Secretary of State to be representatives of public sector employers or organisations representing public sector employers.

    (3)   The body shall meet as the Secretary of State shall direct to advise the Secretary of State and fire and rescue authorities on all matters relating to the recruitment and retention of retained duty firefighters.'.


Intervention Code

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

NC3

To move the following Clause:—

    '(1)   The Secretary of State shall publish a Code specifying the circumstances and the manner in which:

      (a) he may make an order under section 22; or

      (b) he may issue a direction under any provision of this Act.

    (2)   The Code shall include, in particular, details of:

      (a) the persons or classes of person the Secretary of State will consult before taking the action referred to in subsection (1);

      (b) any other codes of conduct or agreements with any other persons or bodies to which the Secretary of State will have regard when contemplating any action referred to in subsection (1).

    (3)   Before publishing the Code referred to in subsection (1) the Secretary of State shall consult—

      (a) all fire and rescue authorities or persons confirmed by them as representing them; and

      (b) all persons or bodies recognised by any fire and rescue authority as representing any group of its employees; and

      (c) any other persons he considers appropriate.'.


Limitation on power to authorise charging

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

NC4

To move the following Clause:—

    '(1)   An order under section 19 may not authorise a fire and rescue authority to charge for:

      (a) extinguishing fires or protecting life and property in the event of fires; or

      (b) rescuing people in the event of road traffic accidents or protecting people from serious harm in the event of road traffic accidents; or

      (c) discharging any function relating to emergencies conferred on it by the Secretary of State under section 9.

    (2)   An order under section 19 may authorise a fire and rescue authority to charge for the provision of emergency medical assistance only in circumstances where a National Health Service Ambulance Trust is authorised to charge for such provision.'.


Regional management structures

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

NC5

To move the following Clause:—

    '(1)   The Secretary of State shall within 12 months of the coming into force of any part of this Act:

      (a) commission an independent study to establish the optimum geographical areas within England for the organisation of fire and rescue services; and

      (b) commission an independent study of the impact of any existing regional management structures on:

      (i) operational effectiveness of fire and rescue services, and

      (ii) cost-effectiveness of fire and rescue services, and

      (iii) management capability of fire and rescue authorities.

    (2)   Upon receipt of the reports of the studies referred to in subsection (1), the Secretary of State shall cause those reports to be published.'.


Power to confer statutory function to provide emergency medical care

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

NC6

To move the following Clause:—

    '(1)   The Secretary of State may by order confer on a fire and rescue authority the function of making provision for the purposes of—

      (a) delivering emergency medical care to persons seriously injured by fire or the effects of fire, and

      (b) delivering emergency medical care to persons injured in road traffic accidents, and

      (c) providing other emergency medical care

       in situations where employees of the authority are first on the scene of an incident in relation to which the authority has functions under sections 7, 8 and 9 at which one or more persons requires emergency medical care.

    (2)   An order made under subsection (1) may specify the level of provision that must be made by fire and rescue authorities and the matters to which fire and rescue authorities must have regard in determining the level of such provision.

    (3)   An order made under subsection (1) may require a fire and rescue authority to consult with the NHS Ambulance Trust having responsibility for responding to emergencies within its area before determining the level of provision in accordance with subsection (2).'.


Directions relating to particular classes of fires and emergencies

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

NC7

To move the following Clause:—

    '(1)   The Secretary of State may direct a Fire and Rescue Authority to take, or not to take, action specified in the direction in relation to—

      (a) a fire of a type or occurring in circumstances specified in the direction, or

      (b) an emergency of another kind of a type or occuring in circumstances specified in the direction.

    (2)   A direction under this section may require a fire and rescue authority to act outside the authority's area.

    (3)   A direction under this section may be varied or revoked by a further such direction.

    (4)   A direction under this section shall be made by order.'.


Exceptional power of entry to preserve evidence

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

NC8

To move the following Clause:—

    '(1)   An authorised officer may enter premises in which a fire has occurred which are (or were before the fire) occupied as a private dwelling (by force, if necessary) notwithstanding the provisions of sections 44(3) and 44(4) if it is necessary to do so for the purposes of section 44(1)(b), and—

      (a) the entry to be effected takes place within 24 hours of the departure of fire and rescue authority employees from the premises immediately following the extinction of the fire; and

      (b) an authorised officer reasonably believes that there is a serious risk of evidence being destroyed if entry is not effected with less than 24 hours notice; and

      (c) the occupier (or the person who was the occupier immediately before the fire) is unable to give consent to entry as a result of medical incapacity arising from the fire.

    (2)   At the time of an entry authorised by this section, notice shall be given in the manner prescribed in section 44 to the occupier (or the person who was the occupier immediately before the fire) notifying him of the entry and stating the reasons for it.'.


Limitation on power of Secretary of State to appoint members of a combined fire and rescue authority

   

Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Hugo Swire

NC9

To move the following Clause:—

    '(1)   Where a scheme made under section 2 provides for members of a combined fire and rescue authority to be appointed by the Secretary of State the provisions of this section shall apply.

    (2)   Before making an appointment to a combined fire and rescue authority the Secretary of State shall invite each of the existing authorities with power to appoint members to the combined fire and rescue authority to submit to him a list of nominees for consideration for appointment by the Secretary of State.

    (3)   The Secretary of State shall appoint from the lists of nominees received those persons who appear to him to be best qualified to serve as members of the combined fire and rescue authority unless there are an insufficient number of persons on the lists appearing to the Secretary of State to be suitable for appointment.

    (4)   If the Secretary of State considers that there are an insufficient number of suitable persons on the lists to make all the necessary appointments he shall advise each of the existing authorities of his reasons for considering each of their unsuccessful nominees as unsuitable for appointment and shall indicate the qualities, experience and other relevant factors required for appointment by the Secretary of State in the particular case.

    (5)   Each of the existing authorities shall then be invited to submit a further list of nominees fulfilling the criteria set down in accordance with subsection (4) by the Secretary of State.

    (6)   Upon receipt of the further lists referred to in subsection (5) the Secretary of State shall appoint from the lists those persons who appear to him to be best qualified to serve as members of the combined fire and rescue authority.

    (7)   If there are insufficient numbers of persons appearing to the Secretary of State to be suitably qualified for appointment on the lists submitted, the Secretary of State may appoint such other persons as he considers suitable to fill any remaining vacancy.

    (8)   On the occurrance of any casual vacancy for membership of a fire and rescue authority which falls under the terms of the scheme to be filled by an appointment by the Secretary of State the procedure set out in subsections (2) to (7) shall apply.'.

 
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Prepared 15 Mar 2004