(1-4)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

LORDS AMENDMENTs
TO THE
FIRE AND RESCUE SERVICES BILL
[The page and line references are to HL Bill 44, the bill as first printed for the Lords.]
Clause 2
1
Page 2, line 10, leave out from “if” to end of line 15 and insert “it appears to the

Secretary of State that, in the interests of—

(a)
economy, efficiency and effectiveness, or

(b)
public safety,


there should be a single fire and rescue authority for the combined area.”
2
Page 2, line 25, after “question,” insert—

“(aa)
any local authority all or part of whose area forms part of the

combined area,”
3
Page 2, line 32, after “affected,” insert—

“(ba)
any local authority all or part of whose area forms part of the

combined area or would, under the scheme as varied, form part of

the combined area,”
Clause 4
4
Page 4, line 31, after “affected,” insert—

“(ba)
any local authority all or part of whose area forms part of the

combined area or would, under the scheme as varied, form part of

the combined area,”
Clause 21
5
Page 11, line 16, leave out subsection (6) and insert—

Bill 146 53/3

(  2  )

“(6)
The Framework as first prepared, and any revisions to the Framework

which appear to the Secretary of State to be significant, have effect only

when brought into effect by the Secretary of State by order.”
After Clause 22
6
Insert the following new Clause—

“Intervention protocol

(1)
The Secretary of State must prepare, and may revise, a protocol about the

exercise of his power to make an order under section 22(2).

(2)
The protocol must in particular make provision about persons or

descriptions of persons that the Secretary of State will consult before

exercising that power.

(3)
The Secretary of State must have regard to the protocol in exercising that

power.

(4)
In preparing the protocol, or any revisions to it which appear to him to be

significant, the Secretary of State—

(a)
must consult fire and rescue authorities or persons considered by

him to represent them;

(b)
must consult persons considered by him to represent employees of

fire and rescue authorities;

(c)
may consult any other persons he considers appropriate.

(5)
The Secretary of State must publish the protocol for the time being in force

in the manner he considers appropriate.”
Clause 24
7
Page 12, line 5, at beginning insert “(1)”
8
Page 12, line 5, leave out “from time to time”
9
Page 12, line 9, at end insert—

“(2)
The first report under subsection (1) must be made before the end of the

period of two years starting on the date when the Framework as first

prepared is brought into effect.

(3)
Every subsequent such report must be made before the end of the period

of two years starting on the date on which the last such report was made.”
Clause 33
10
Page 16, line 13, at end insert—

“(ea)
provide for the making of payments to the Secretary of State out of

a fund to which contributions have been made under the scheme;”
Clause 43
11
Page 21, line 1, after “out” insert “or to be about to break out”
12
Page 21, line 2, after “extinguishing” insert “or preventing”

(  3  )

After Clause 55
13
Insert the following new Clause—

“Meaning of “local authority”

In this Act “local authority” means any of these—

(a)
a district council;

(b)
a county council;

(c)
a county borough council;

(d)
a London borough council;

(e)
the Greater London Authority;

(f)
the Common Council of the City of London;

(g)
the Council of the Isles of Scilly.”
Clause 60
14
Page 27, line 15, leave out subsection (2)
Clause 61
15
Page 27, line 32, leave out from “to” to end of line 34 and insert—

“(i)
sections 46 and 61 of the Reserve and Auxiliary Forces

(Protection of Civil Interests) Act 1951 (c. 65),

(ii)
paragraph 8(b) of Schedule 4 to the Gaming Act 1968 (c. 65),

(iii)
Schedule 2 to the Pensions (Increase) Act 1971 (c. 56), and

(iv)
the Superannuation Act 1972 (c. 11),


section 52(1) and Schedule 1;”
16
Page 27, line 38, at end insert—

“( )
the Pensions (Increase) Act 1971,”
Schedule 1
17
Page 36, line 20, after “authority” insert “or a Scottish fire authority”
18
Page 41, line 17, at end insert—

“60A
In paragraph 5(a) of Schedule 11 (police and fire services: derelict

petroleum tanks), for “fire authority” substitute “fire and rescue

authority”.”
19
Page 45, line 4, at end insert—

“Severn Bridges Act 1992 (c. 3)

78A
In section 8 of the Severn Bridges Act 1992 (vehicles subject to tolls), in

subsection (5)(a) for “fire authority under the Fire Services Acts 1947 to

1959” substitute “fire and rescue authority”.”

(  4  )