(1) This section applies if—
(a) a fire and rescue authority has asked one or more other fire and rescue authorities to agree to the making, variation or revocation of a reinforcement scheme,
(b) the authorities are unable to agree to the making, terms, variation or revocation of the scheme, and
(c) one of the authorities asks the Secretary of State to act under this section.
(2) The Secretary of State may direct the authorities concerned—
(a) to make a reinforcement scheme in the terms specified in the direction;
(b) to make one or more specified variations to a reinforcement scheme;
(c) to revoke a reinforcement scheme.
(3) Before giving a direction under subsection (2) the Secretary of State—
(a) must give both (or all) the authorities concerned an opportunity to make representations to him;
(b) may cause an inquiry to be held.
15 Arrangements with other employers of fire-fighters
(1) A fire and rescue authority may enter into arrangements with a person who employs fire-fighters for securing the provision by that person of assistance for the purpose of the discharge by the authority of a function conferred on it under section 7, 8 or 9.
(2) But a fire and rescue authority may not enter into arrangements under this section with another fire and rescue authority.
(3) Arrangements under this section may include provision as to the terms on which assistance is to be provided (including provision as to payment).
16 Arrangements for discharge of functions by others
(1) A fire and rescue authority (the first authority) may enter into arrangements with—
(a) another fire and rescue authority, or
(b) any other person,
for the discharge to any extent by that other authority or person of a function conferred on the first authority under any of sections 6 to 9 and 11.
(2) But a fire and rescue authority may enter into arrangements with a person under subsection (1) in relation to its function of extinguishing fires only if the person employs fire-fighters.
(3) Arrangements under this section may include provision as to the terms on which any function is to be discharged (including provision as to payment).
(1) The Secretary of State may direct two fire and rescue authorities—
(a) to enter into arrangements under section 16 in the terms specified in the direction;
(b) to make one or more specified variations to any such arrangements;
(c) to cancel any such arrangements.
(2) The Secretary of State may give a direction under subsection (1) on his own initiative or at the request of one of the authorities.
(3) Before giving a direction under subsection (1) the Secretary of State—
(a) must give the authorities concerned an opportunity to make representations to him;
(b) may cause an inquiry to be held.
(4) The Secretary of State may give a direction under subsection (1) only if, after considering—
(a) any representations made under subsection (3)(a), and
(b) if an inquiry is held under subsection (3)(b), the report of the person by whom it is held,
he considers it expedient to do so with a view to securing greater economy, efficiency and effectiveness.
A fire and rescue authority may establish and maintain one or more training centres for providing education and training in matters in relation to which fire and rescue authorities have functions.
(1) A fire and rescue authority may charge a person for any action taken by the authority—
(a) in the United Kingdom or at sea or under the sea, and
(b) otherwise than for a commercial purpose,
but this is subject to the provisions of this section and section 18B.
(2) Subsection (1) authorises a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by the authority.
(3) Before a fire and rescue authority begins to charge under subsection (1) or section 5A(1)(e) for taking action of a particular description, the authority must consult any persons the authority considers appropriate.
(4) If a fire and rescue authority decides to charge under subsection (1) for taking action of a particular description—
(a) the amount of the charge is to be set by the authority;
(b) the authority may charge different amounts in different circumstances (and may charge nothing).
(5) In setting the amount of a charge under subsection (1), a fire and rescue authority must secure that, taking one financial year with another, the authority's income from charges does not exceed the cost to the authority of taking the action for which the charges are imposed.
(6) The duty under subsection (5) applies separately in relation to each kind of action.
(7) The references in subsection (1) and section 18B(1) to “sea” are not restricted to the territorial sea of the United Kingdom.
(8) In subsection (5) “ financial year ” means 12 months ending with 31 March.
(1) Section 18A(1) authorises 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.
(2) Section 18A(1) does not authorise charging for emergency medical assistance.
(3) Section 18A(1) authorises charging for action taken in response to a report of a fire or explosion only if section 18C applies to the report.
(4) Section 18A(1) does not authorise charging for rescuing individuals, or protecting individuals from serious harm, in the event of an emergency.
(5) Section 18A(1) does not authorise charging for action taken in response to—
(a) emergencies resulting from events of widespread significance,
(b) emergencies which have occurred as a direct result of severe weather, or
(c) emergencies resulting from road traffic accidents.
(6) Subject to subsection (7), section 18A(1) does not authorise charging for action taken under section 6.
(7) Subsection (6) does not prevent charging for the giving of advice, other than advice of the kind mentioned in section 6(2)(b), in relation to premises where a trade, business or other undertaking is carried on (whether for profit or not).
(8) Section 18A(1) does not authorise charging for action taken by a fire and rescue authority in its capacity as an enforcing authority for the purposes of the Regulatory Reform (Fire Safety) Order 2005 ( S.I. 2005/1541).
(9) Nothing in subsections (1) to (8)—
(a) applies to charges for providing under section 12 the services of any persons or any equipment,
(b) affects the operation of section 13(3) or 16(3), or
(c) affects any provision for payments to a fire and rescue authority contained in arrangements for co-operation made between that authority and—
(i) a public authority that is not a fire and rescue authority, or
(ii) any person, other than a public authority, who exercises public functions.
(10) The Secretary of State in relation to fire and rescue authorities in England, and the Welsh Ministers in relation to fire and rescue authorities in Wales, may by order disapply subsection 18A(1) in relation to actions of a particular kind.
(11) The power under subsection (10) includes power to disapply for a particular period.
18C Cases where a charge may be made for responding to report of fire etc
(1) This section applies for the purposes of section 18B(3).
(2) This section applies to a report of fire, or explosion, at sea or under the sea.
(3) This section applies to a report of fire if—
(a) the report is of fire at premises that are not domestic premises,
(b) the report is false,
(c) the report is made as a direct or indirect result of warning equipment having malfunctioned or been misinstalled, and
(d) there is a persistent problem with false reports of fire at the premises that are made as a direct or indirect result of warning equipment under common control having malfunctioned or been misinstalled.
(4) The references in subsection (2) to “sea” are not restricted to the territorial sea of the United Kingdom.
(5) In subsection (3)—
“ domestic premises ” means premises occupied as a private dwelling (including any garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling);
“ warning equipment ” means equipment installed for the purpose of—
detecting fire, or
raising the alarm, or enabling the alarm to be raised, in the event of fire.
(1) If a fire and rescue authority has power to act, or is required to act, outside the authority’s area, the authority may exercise the power, or perform the duty, at sea or under the sea.
(2) The references in subsection (1) to “sea” are not restricted to the territorial sea of the United Kingdom.
(1) The Secretary of State must prepare a Fire and Rescue National Framework.
(2) The Framework—
(a) must set out priorities and objectives for fire and rescue authorities in connection with the discharge of their functions;
(b) may contain guidance to fire and rescue authorities in connection with the discharge of any of their functions;
(c) may contain any other matter relating to fire and rescue authorities or their functions that the Secretary of State considers appropriate.
(2A) The Framework may contain different provision for different descriptions of fire and rescue authority.
(3) The Secretary of State must keep the terms of the Framework under review and may from time to time make revisions to it.
(4) The Secretary of State must discharge his functions under subsections (1) and (3) in the manner and to the extent that appear to him to be best calculated to promote—
(a) public safety,
(b) the economy, efficiency and effectiveness of fire and rescue authorities, and
(c) economy, efficiency and effectiveness in connection with the matters in relation to which fire and rescue authorities have functions.
(5) In preparing the Framework, or any revisions to the Framework 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.
(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.
(7) Fire and rescue authorities must have regard to the Framework in carrying out their functions.
21A Fire and rescue authorities in Wales: performance and governance
(1) The Welsh Ministers may by regulations—
(a) require a fire and rescue authority for an area in Wales to make a plan in relation to the exercise of the authority's functions;
(b) impose requirements relating to such a plan.
(2) The requirements which may be imposed under subsection (1)(b) include requirements about—
(a) a plan's content;
(b) its preparation and revision;
(c) when it is to be made;
(d) the period to which it is to relate;
(e) its publication.
(3) Requirements about a plan's content include requirements to—
(a) set out an authority's priorities and objectives;
(b) describe and explain the extent to which the plan reflects the Framework prepared by the Welsh Ministers under section 21;
(c) set out actions the authority intends to take in relation to its priorities and objectives;
(d) set out how the authority intends to assess its performance.
(4) The Welsh Ministers may by regulations make provision (including imposing requirements on an authority) for the purposes of assessing or reporting on the performance of an authority.
(5) Before making regulations under subsection (1) or (4) the Welsh Ministers—
(a) must consult fire and rescue authorities for areas in Wales or persons who the Welsh Ministers consider represent those authorities;
(b) must consult persons who the Welsh Ministers consider represent employees of fire and rescue authorities for areas in Wales;
(c) may consult any other persons the Welsh Ministers consider appropriate.
(1) This section applies if the Secretary of State considers that a fire and rescue authority is failing, or is likely to fail, to act in accordance with the Framework prepared under section 21.
(2) For the purpose of securing that the authority acts in accordance with the Framework the Secretary of State may by order require the authority—
(a) to do something;
(b) to stop doing something;
(c) not to do something.
(3) The Secretary of State may make an order under subsection (2) only if he considers that making the order would promote—
(a) public safety,
(b) the economy, efficiency and effectiveness of the fire and rescue authority in respect of which the order is made, or
(c) economy, efficiency and effectiveness in connection with the matters in relation to which fire and rescue authorities have functions.
(4) Before making an order under subsection (2) the Secretary of State must give the authority an opportunity to make representations about the order proposed.
(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.
(1) Sections 10 to 13A of the Local Government Act 1999 (c. 27) (best value inspections) apply in relation to a fire and rescue authority’s compliance with section 21(7) as they apply in relation to a best value authority’s compliance with the requirements of Part 1 of that Act.
(2) As applied by subsection (1), those sections have effect as if, in sections 13(2)(b) and (4) and 13A(2)(b) and (4), for “give a direction under section 15” there were substituted “ make an order under section 22 of the Fire and Rescue Services Act 2004 ”.
(2A) When carrying out an inspection under section 10 of the Local Government Act 1999 as applied by subsection (1) of a fire and rescue authority created by an order under section 4A, an inspector must not review or scrutinise decisions made, or other action taken, by the fire and rescue authority in connection with the discharge of an excluded function.
(2B) In subsection (2A) “excluded function”, in relation to a fire and rescue authority, means a function which is an excluded function in relation to that authority for the purposes of subsection (A6) of section 28 (inspections by English inspectors) (see subsections (A7) and (A8) of that section).
(3) Subsection (1) does not apply to a fire and rescue authority in Wales.
(4) Sections 21, 22, 26 and 27 of the Local Government (Wales) Measure 2009 apply in relation to a fire and rescue authority in Wales' compliance with section 21(7) as they apply in relation to a Welsh improvement authority's compliance with the requirements of Part 1 of that Measure.
(5) As applied by subsection (4), those sections have effect as if—
(a) in section 21(1), paragraphs (a) and (b) and the word “if” preceding paragraph (a) were omitted;
(b) sections 21(2)(b), (3), (5), (8) and (10) and 22(4) were omitted;
(c) in section 22(1), for the words “a special inspection” there were substituted “ an inspection under section 21 ”;
(d) in section 22(2)(b), for the words “do either or both of the following” to the end there were substituted “ make an order under section 22 of the Fire and Rescue Services Act 2004 ”;
(e) in section 26(11), the words “or an inspection under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end;
(f) in section 27(1), the words “or inspections under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end.
(1) The Secretary of State must report to Parliament on—
(a) the extent to which fire and rescue authorities are acting in accordance with the Framework prepared under section 21;
(b) any steps taken by him for the purpose of securing that fire and rescue authorities act in accordance with the Framework.
(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 beforethe end of the period of two years starting on the date on which the last such report was made.
A fire and rescue authority created by an order under section 4A must, in carrying out its functions, have regard to the police and crime plan issued by the police and crime commissioner for the police area—
(a) which corresponds to the area of the fire and rescue authority, or
(b) within which the area of the fire and rescue authority falls.
A fire and rescue authority must—
(a) submit to the Secretary of State any reports and returns required by him;
(b) give the Secretary of State any information with respect to its functions required by him.
(A1) Her Majesty may appoint such number of inspectors of fire and rescue authorities in England (the “English inspectors”) as the Secretary of State may determine.
(A2) Of the persons appointed under subsection (A1) one is to be appointed as the chief fire and rescue inspector for England.
(A3) The English inspectors must inspect, and report on the efficiency and effectiveness of, fire and rescue authorities in England.
(A4) The English inspectors must carry out such other duties for the purpose of furthering the efficiency and effectiveness of fire and rescue authorities in England as the Secretary of State may from time to time direct.
(A5) The chief fire and rescue inspector for England may appoint assistant inspectors and other officers for the purpose of assisting the English inspectors.
(A6) When carrying out an inspection under subsection (A3) of a fire and rescue authority created by an order under section 4A, an English inspector must not review or scrutinise decisions made, or other action taken, by the fire and rescue authority in connection with the discharge of an excluded function.
(A7) For the purposes of subsection (A6), the following are excluded functions in relation to a fire and rescue authority—
(a) the function of preparing a fire and rescue plan and a fire and rescue statement (within the meaning of Schedule A2);
(b) the functions that the authority has in its capacity as a major precepting authority for the purposes of Part 1 of the Local Government Finance Act 1992;
(c) the function of appointing a chief finance officer under section 4D(4);
(d) where functions of the authority have been delegated to a chief constable under an order under section 4H, the functions conferred on the authority by section 4J(4) and (5);
(e) functions specified, or of a description specified, in relation to that authority in an order made by the Secretary of State.
(A8) The power under subsection (A7)(e) may be exercised in relation to—
(a) all fire and rescue authorities created by an order under section 4A,
(b) a particular fire and rescue authority created by an order under section 4A, or
(c) a particular description of fire and rescue authorities created by an order under section 4A.
(A8A) When carrying out an inspection under subsection (A3) of a mayoral combined authority, or mayoral CCA, in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g), an English inspector must not review or scrutinise decisions made, or other action taken, in connection with the discharge of an excluded mayoral FRA function.
(A8B) For the purposes of subsection (A8A), the following are excluded mayoral FRA functions in relation to a mayoral combined authority, or mayoral CCA, in its capacity as a fire and rescue authority—
(a) the issuing of a community risk management plan;
(b) the variation of priorities and objectives set out in a community risk management plan;
(c) the allocation of the draft or actual budget for fire and rescue functions in relation to any financial year;
(d) the function of appointing, suspending or dismissing the chief fire officer;
(e) the function of holding the chief fire officer to account for the exercise of—
(i) the functions which are delegated to the chief fire officer; and
(ii) the functions of persons under the direction and control of the chief fire officer;
(f) the function of approving a pay policy statement prepared for the purposes of section 38 of the Localism Act 2011;
(g) the function of approving arrangements to enter into a reinforcement scheme under section 13;
(h) the function of approving arrangements with other employers of firefighters under section 15;
(i) the function of approving arrangements under section 16;
(j) the function of approving plans, modifications to plans and additions to plans for the purpose of ensuring that—
(i) so far as is reasonably practicable, the mayoral combined authority, or mayoral CCA, is able to continue to perform its fire and rescue functions if an emergency occurs; and
(ii) the mayoral combined authority, or mayoral CCA, is able to perform its functions so far as necessary or desirable for the purpose of preventing an emergency, or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it;
(k) the function of approving any arrangements for the co-operation of the mayoral combined authority, or mayoral CCA in relation to its fire and rescue functions with other general Category 1 responders and general Category 2 responders in respect of—
(i) the performance of the mayoral combined authority’s, or mayoral CCA’s, duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004; and
(ii) any duties under subordinate legislation made in exercise of powers under that Act.
(A8C) In subsection (A8B)—
“community risk management plan” has the same meaning as in Schedule ZA1;
“emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 for Part 1 of that Act;
“general Category 1 responder” means a person who falls within Part 1 of Schedule 1 to the Civil Contingencies Act 2004;
“general Category 2 responder” means a person who falls within Part 3 of Schedule 1 to the Civil Contingencies Act 2004;
“priorities and objectives” has the same meaning as in Schedule ZA1.
(A9) Schedule A3 makes further provision in relation to the English inspectors.
(1) Her Majesty may by Order in Council appoint inspectors, and the Secretary of State may appoint assistant inspectors and other officers, for the purpose of obtaining information as to—
(a) the manner in which fire and rescue authorities in Wales are discharging their functions;
(b) technical matters relating to those functions.
(2) The Secretary of State may pay to persons appointed under this section remuneration determined by him.
(3) A person appointed under section 24 of the Fire Services Act 1947 (c. 41) is to be taken to have been appointed under this section.
28A Inspection programme and inspection framework etc: England
(1) The chief fire and rescue inspector for England must from time to time prepare—
(a) a document setting out what inspections of fire and rescue authorities in England the English inspectors propose to carry out under section 28(A3) (an “inspection programme”);
(b) a document setting out the manner in which the English inspectors propose to carry out the function conferred on them by section 28(A3) (an “inspection framework”).
(2) The chief fire and rescue inspector for England must obtain the approval of the Secretary of State to an inspection programme or inspection framework before the English inspectors act in accordance with it.
(3) The Secretary of State may at any time require the chief fire and rescue inspector for England to carry out, or arrange for another English inspector to carry out, an inspection under section 28(A3) of—
(a) a fire and rescue authority in England;
(b) all fire and rescue authorities in England;
(c) all fire and rescue authorities in England of a particular type.
(4) A requirement imposed under subsection (3) may limit the inspection to a particular matter.
(5) The chief fire and rescue inspector for England or, at the request of that inspector, any other English inspector may carry out an inspection under section 28(A3) of a fire and rescue authority in England that has not been set out in an inspection programme (and has not been required under subsection (3)).
(6) Before deciding to carry out, or to request another English inspector to carry out, an inspection of a fire and rescue authority in England that has not been set out in an inspection programme, the chief fire and rescue inspector for England must consult the Secretary of State.
(7) Nothing in an inspection programme or inspection framework is to be read as preventing an English inspector from making a visit without notice.
(8) In this section “English inspector” means an inspector appointed under section 28(A1).
28B Publication of inspection reports etc: England
(1) The chief fire and rescue inspector for England must arrange for a report prepared under section 28(A3) to be published in such manner as appears to him or her to be appropriate.
(2) But the chief fire and rescue inspector for England must exclude from publication under subsection (1) anything that he or she considers—
(a) would be against the interests of national security, or
(b) might jeopardise the safety of any person.
(3) The chief fire and rescue inspector for England must—
(a) send a copy of the published report to the Secretary of State, and
(b) disclose to the Secretary of State anything excluded from publication by virtue of subsection (2).
(4) The chief fire and rescue inspector for England must in each year submit to the Secretary of State a report on the carrying out of inspections under section 28(A3) (during the period since the last report).
(5) A report under subsection (4) must include the chief fire and rescue inspector for England’s assessment of the efficiency and effectiveness of fire and rescue authorities in England for the period in respect of which the report is prepared.
(6) The chief fire and rescue inspector for England must lay before Parliament a copy of a report submitted under subsection (4).
(7) In this section “English inspector” means an inspector appointed under section 28(A1).
29 Equipment, facilities, services and organisations
(1) The Secretary of State may provide and maintain, or contribute to the provision and maintenance of, any equipment, facilities and services he considers appropriate for promoting the economy, efficiency and effectiveness of fire and rescue authorities.
(2) The Secretary of State may establish and maintain, or contribute to the establishment and maintenance of, any organisations he considers appropriate for promoting the economy, efficiency and effectiveness of fire and rescue authorities.
(3) Charges may be imposed for the use of equipment, facilities and services provided by—
(a) the Secretary of State under subsection (1), or
(b) an organisation established or maintained by him.
(4) The Secretary of State may by order make provision requiring one ormore fire and rescue authorities—
(a) to use and maintain equipment and facilities specified in the order or of a description specified in the order;
(b) to use services specified in the order or of a description specified in the order.
(5) Before making an order under this section the Secretary of State must consult any persons he considers appropriate.
(1) The Secretary of State may, if he considers it necessary for the purposes of public safety, by order give general or specific directions to one or more fire and rescue authorities about the use or disposal of property or facilities.
(2) The provision that may be contained in a direction under subsection (1) given to an authority includes—
(a) provision about the use or disposal by the authority of property or facilities belonging to or under the control of the authority;
(b) provision about the use by the authority of property or facilities belonging to or under the control of another fire and rescue authority or a person who has made the property or facilities available (or is willing to do so);
(c) provision requiring payments to be made by the authority to another fire and rescue authority or to any other person, in respect of the use of property or facilities.
(3) The references in subsection (2) to property or facilities belonging to a person include land occupied by the person.
(4) Before making an order under this section the Secretary of State must consult any persons he considers appropriate.
(1) The Secretary of State may establish and maintain—
(a) a central training institution, and
(b) one or more local training centres,
for one or more of the purposes mentioned in subsection (2).
(2) The purposes are—
(a) the provision of education and training to employees of fire and rescue authorities;
(b) the provision of advice and assistance to fire and rescue authorities in connection with the provision of such education and training;
(c) the supervision and regulation of the provision of such education and training;
(d) the provision of education and training to persons who provide (or are to provide) such education and training;
(e) the provision of education and training (in the United Kingdom or elsewhere) to persons who are not employees of fire and rescue authorities in matters in relation to which fire and rescue authorities have functions;
(f) the provision of advice and assistance (in the United Kingdom or elsewhere) in connection with the provision of such education and training.
(1) The Secretary of State may by regulations make provision for the establishment of one or more bodies of persons (negotiating bodies) for the purpose of negotiating the conditions of service of employees of fire and rescue authorities.
(2) Regulations under this section must provide for a negotiating body established by the regulations to be composed of—
(a) persons representing the interests of some or all fire and rescue authorities;
(b) persons representing the interests of some or all employees of fire and rescue authorities;
(c) an independent chairman.
(3) A chairman is independent for the purposes of subsection (2) if he is not—
(a) a member or employee of a fire and rescue authority;
(b) a Minister of the Crown;
(c) a person employed in the civil service of the State;
(d) a member or employee of a body representing the interests of some or all employees of fire and rescue authorities.
(4) Subsection (5) applies if—
(a) a negotiating body is established under this section, and
(b) the body includes persons representing the interests of employees of a particular description.
(5) An agreement as to the conditions of service of employees of that description which is made—
(a) by or on behalf of a fire and rescue authority, and
(b) by or on behalf of employees of the description concerned,
is a legally enforceable contract only if its terms were negotiated by means of the negotiating body or in accordance with local negotiation arrangements made by the negotiating body in respect of employees of that description.
(6) “Local negotiation arrangements” means arrangements made by a negotiating body established under this section for the purpose of enabling conditions of service of employees of fire and rescue authorities to be negotiated at local level.
(7) Local negotiation arrangements may (in particular) include provision with regard to—
(a) the persons or descriptions of persons by whom, or by means of whom, negotiations are authorised to be carried out at local level;
(b) the conditions of service and descriptions of conditions of service authorised to be negotiated at local level.
(8) Local negotiation arrangements may be made by a negotiating body in respect of employees of a particular description only if the negotiating body includes persons representing the interests of employees of that description.
(9) Before making regulations under this section the Secretary of State must consult any persons he considers appropriate.
(1) The Secretary of State may issue guidance to negotiating bodies in connection with the negotiation of the conditions of service of employees of fire and rescue authorities.
(2) Negotiating bodies must have regard to any guidance issued under this section in negotiating the conditions of service of employees of fire and rescue authorities.
(3) In this section “negotiating body” means a negotiating body established under section 32 or any other body of persons which—
(a) includes both persons representing the interests of some or all fire and rescue authorities and persons representing the interests of some or all employees of fire and rescue authorities, and
(b) is constituted in accordance with what appear to the Secretary of State to be appropriate arrangements for the negotiation of the conditions of service of employees of fire and rescue authorities.
(1) The Secretary of State may by order bring into operation one or more schemes making provision for the payment of pensions, allowances and gratuities to or in respect of—
(a) persons who are or have been employed by a fire and rescue authority or by a Scottish fire authority;
(b) persons who die or have died while so employed.
(1A) Subsection (1) is subject to sections 18 and 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing schemes).
(2) A scheme brought into operation under this section may in particular—
(a) provide for the classes of person in respect of whose service awards may be made;
(b) provide for treating employment that is not employment by a fire and rescue authority or by a Scottish fire authority as if it were such employment for any purpose of the scheme, to the extent specified in the scheme and subject to any conditions specified in the scheme;
(ba) provide for treating, for any purpose of the scheme, to the extent specified in the scheme and subject to any conditions specified in the scheme, holding office as the London Fire Commissioner as if it were employment by a fire and rescue authority in England where the terms and conditions of appointment to that office include—
(i) resolving operational incidents, or
(ii) leading and supporting others in the resolution of operational incidents;
(c) provide for the making of contributions by employers and by persons in respect of whose service awards may be made;
(d) provide for the repayment of any such contributions or their application for the benefit of persons of a specified description;
(e) provide for the making of payments by the Secretary of State, fire and rescue authorities and Scottish fire authorities into a fund to which contributions have been made under the scheme;
(f) provide for the making of payments to the Secretary of State out of a fund to which contributions have been made under the scheme;
(g) provide for substituting the Secretary of State for a fire and rescue authority or a Scottish fire authority, for any purpose of the scheme;
(h) provide for the making to a fire and rescue authority, a Scottish fire authority or the Secretary of State of payments in respect of a person’s previous service, including provision for such payments to be made by the Secretary of State;
(i) provide for any such payments to be reimbursed out of a fund to which contributions have been made in respect of the previous service to which the payments related;
(j) provide for the payment and receipt by fire and rescue authorities or Scottish fire authorities of transfer values or of other lump sum payments made for the purpose of creating or restoring rights to pensions, allowances and gratuities;
(k) provide for conditions subject to which an award under the scheme may be made, for the manner in which questions arising under the scheme are to be determined and for appeals from determinations of such questions;
(l) provide for excluding or modifying rights to compensation or damages in respect of injuries, in cases where awards are made under the scheme in respect of the injuries;
(m) make incidental, supplemental, consequential and transitional provision.
(3) An order under this section may take effect from a date which is earlier than that on which the order is made.
(4) An order under this section may vary or revoke a scheme brought into operation by an order under this section.
(5) Before making, varying or revoking an order under this section the Secretary of State must consult any persons he considers appropriate.
(6) A person commits an offence if he does an act or makes an omission as a result of which he is injured or becomes ill, for the purpose of obtaining, for himself or another person—
(a) an award under a scheme brought into operation under this section, or
(b) a sum in respect of the repayment or application of contributions made under such a scheme.
(7) A person guilty of an offence under subsection (6) is liable—
(a) on summary conviction—
(i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum;
(ii) in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(8) A scheme brought into operation under this section may authorise the forfeiture of the whole or part of an award or sum obtained by a person who has been convicted of an offence under subsection (6).
(9) In relation to an offence under subsection (6) committed before 2 May 2022, the reference in subsection (7)(a) to the general limit in a magistrates’ court is to be read as a reference to 3 months.
(10) In this section “Scottish fire authority”—
(a) means the Scottish Fire and Rescue Service, and
(b) except in subsections (2)(e) and (h), includes a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) (despite the repeal of that section by the Police and Fire Reform (Scotland) Act 2012 (asp 8)).
(11) References in subsection (1) to persons who are or have been employed by a fire and rescue authority include persons who are or have been employed by the chief constable of the police force for a police area having been—
(a) transferred to the chief constable under a scheme made under section 4I(1), ...
(b) appointed by the chief constable under section 4I(4).
(c) transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or
(d) appointed by the chief constable under section 107EC(2) of that Act.
(12) References in the other provisions of this section to a fire and rescue authority include a chief constable of the police force for a police area who employs persons of the kind mentioned in subsection (11).
(1) A fire and rescue authority or a Scottish fire authority may in prescribed circumstances—
(a) provide information in connection with the questions mentioned in subsection (2) to a prescribed person;
(b) require a person to whom information is provided under paragraph (a) to pay a reasonable fee in respect of any administrative expenses incurred in providing it.
(2) These are the questions—
(a) whether an individual who has opted or transferred out has suffered loss as a result of a contravention which is actionable under section 138D of the Financial Services and Markets Act 2000 (c. 8) (actions for damages in respect of contravention of rules etc.);
(b) if so, what payment would need to be made in respect of that individual to the fire and rescue authority or Scottish fire authority concerned to restore the position to what it would have been if the individual had not opted or transferred out.
(3) Subsection (4) applies if—
(a) an individual who has opted or transferred out becomes entitled to make contributions to a fire and rescue authority or Scottish fire authority under a scheme brought into operation under section 34, or
(b) a payment is made to a fire and rescue authority or Scottish fire authority in respect of such an individual to restore the position to what it would have been if the individual had not opted or transferred out.
(4) The fire and rescue authority or Scottish fire authority may require a prescribed person to pay a reasonable fee in respect of any administrative expenses incurred in connection with the entitlement or payment.
(5) An individual is taken to have opted or transferred out for the purposes of this section if—
(a) for any period during which he is employed by a fire and rescue authority or Scottish fire authority, he does not make contributions to a scheme brought into operation under section 34 but instead makes contributions to a personal pension scheme, or
(b) a transfer value is paid in respect of him to a personal pension scheme by a fire and rescue authority or Scottish fire authority.
(6) In this section—
“personal pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 (c. 48);
“prescribed” means prescribed by regulations made by the Secretary of State for the purposes of this section.
“Scottish fire authority”—
(a) means the Scottish Fire and Rescue Service, and
(b) in subsection (5) includes a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) (despite the repeal of that section by the Police and Fire Reform (Scotland) Act 2012 (asp 8)).
(1) The Secretary of State may by order provide for the scheme established under section 26 of the Fire Services Act 1947 (c. 41) (Firemen’s Pension Scheme) to continue in force despite the repeal by this Act of that section.
(2) An order under this section may provide for any enactment amended or repealed by this Act to continue in effect in relation to that scheme unmodified or with any modifications specified in the order.
(3) An order under this section may in particular make new provision for the name of the scheme.
(4) This section does not affect any other power in this Act to make transitional or transitory provision.
37 Prohibition on employment of police in fire-fighting
(1) No member of a police force may be employed by a fire and rescue authority or a relevant chief constable for the purpose of—
(a) extinguishing fires, or
(b) protecting life and property in the event of fires.
(2) Subsection (1) does not prevent the exercise of functions under section 7 (fire-fighting) by—
(a) a relevant chief constable, or
(b) a deputy chief constable to whom such functions have been delegated by a relevant chief constable.
(3) In this section “relevant chief constable” means the chief constable of a police force for a police area to whom —
(a) functions of a fire and rescue authority have been delegated under an order under section 4H, or
(b) functions of a fire and rescue authority which are exercisable by the mayor of a combined authority have been delegated under an order under section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009.
(1) A fire and rescue authority must take all reasonable measures for securing that an adequate supply of water will be available for the authority’s use in the event of fire.
(2) A fire and rescue authority may use any suitable supply of water for the purposes of extinguishing a fire or protecting life or property in the event of a fire (but must pay reasonable compensation for the water).
(3) Subsection (2) is subject to—
(a) an agreement under section 39 or 41;
(b) section 147 of the Water Industry Act 1991 (c. 56) (charging for emergency use of water).
(1) A fire and rescue authority may enter into an agreement with a water undertaker for the purposes of section 38(1).
(2) An agreement under subsection (1) may include terms as to payment to be made to the undertaker, subject to section 147 of the Water Industry Act 1991 (c. 56) (charging for emergency use of water).
(3) A water undertaker must enter into any agreement reasonably proposed by a fire and rescue authority under subsection (1).
(4) An obligation of a water undertaker under an agreement under subsection (1), or under subsection (3), is enforceable by the Secretary of State under section 18 of the Water Industry Act 1991 (orders for securing compliance).
(1) If a fire and rescue authority requests a water undertaker to provide a supply and pressure of water for the purposes of extinguishing a fire that is greater than the undertaker would otherwise provide, the undertaker must take all necessary steps in order to do so.
(2) For the purposes of complying with its obligation under subsection (1) a water undertaker may shut off the water from the mains and pipes in any area.
(3) No authority or person is liable to any penalty or claim arising because of anything done by a water undertaker in complying with its obligation under subsection (1).
(4) A water undertaker commits an offence if, without reasonable excuse, it fails to take any step which it is obliged to take under subsection (1).
(5) A water undertaker guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
For the purposes of section 38(1), a fire and rescue authority may enter into an agreement—
(a) to secure the use of water under the control of a person other than a water undertaker;
(b) to improve access to any such water;
(c) to lay and maintain pipes and to carry out other works in connection with the use of such water.
(1) A water undertaker must cause the location of every fire hydrant provided by it to be clearly indicated by a notice or distinguishing mark.
(2) A water undertaker may place such a notice or mark on a wall or fence adjoining a highway or public place.
(3) The expenses incurred by a water authority under subsection (1) in relation to a fire hydrant are to be borne by the fire and rescue authority in whose area the hydrant is located.
(4) The Secretary of State may make regulations providing for uniformity in fire hydrants provided by water undertakers and in the notices or marks indicating their location.
(5) An obligation of a water undertaker under subsection (1), or regulations under subsection (4), is enforceable by the Secretary of State under section 18 of the Water Industry Act 1991 (c. 56) (orders for securing compliance).
(6) A person commits an offence if he uses a fire hydrant otherwise than—
(a) for the purposes of fire-fighting or for any other purposes of a fire and rescue authority, or
(b) for any purpose authorised by the water undertaker or other person to whom the hydrant belongs.
(7) A person commits an offence if he damages or obstructs a fire hydrant, otherwise than in consequence of use for the purposes mentioned in subsection (6).
(8) A person guilty of an offence under subsection (6) or (7) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
43 Notice of works affecting water supply and fire hydrants
(1) A person who proposes to carry out works for the purpose of supplying water to any part of the area of a fire and rescue authority must give at least 6 weeks' notice in writing to the authority.
(2) A person who proposes to carry out works affecting a fire hydrant must give at least 7 days' notice in writing to the fire and rescue authority in whose area the hydrant is situated.
(3) If it is not practicable for a person to give notice as required by subsection (1) or (2), he is to be regarded as having given the notice required by that subsection if he gives notice as soon as practicable.
(4) A person commits an offence if, without reasonable excuse, he fails to give notice as required by subsection (1) or (2).
(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
44 Powers of fire-fighters etc in an emergency etc
(1) An employee of a fire and rescue authority who is authorised in writing by the authority for the purposes of this section may do anything he reasonably believes to be necessary—
(a) if he reasonably believes a fire to have broken out or to be about to break out, for the purpose of extinguishing or preventing the fire or protecting life or property;
(b) if he reasonably believes a road traffic accident to have occurred, for the purpose of rescuing people or protecting them from serious harm;
(c) if he reasonably believes an emergency of another kind to have occurred, for the purpose of discharging any function conferred on the fire and rescue authority in relation to the emergency;
(d) for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in paragraph (a), (b) or (c).
(2) In particular, an employee of a fire and rescue authority who is authorised as mentioned in subsection (1) may under that subsection—
(a) enter premises or a place, by force if necessary, without the consent of the owner or occupier of the premises or place;
(b) move or break into a vehicle without the consent of its owner;
(c) close a highway;
(d) stop and regulate traffic;
(e) restrict the access of persons to premises or a place.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) An authorised officer may at any reasonable time enter premises—
(a) for the purpose of obtaining information needed for the discharge of a fire and rescue authority’s functions under section 7, 8 or 9, or
(b) if there has been a fire in the premises, for the purpose of investigating what caused the fire or why it progressed as it did.
(2) In this section and section 46, “authorised officer” means an employee of a fire and rescue authority who is authorised in writing by the authority for the purposes of this section.
(3) An authorised officer may not under subsection (1)—
(a) enter premises by force, or
(b) demand admission as of right to premises occupied as a private dwelling unless 24 hours' notice in writing has first been given to the occupier of the dwelling.
(4) An authorised officer may not under subsection (1)(b) enter as of right premises in which there has been a fire if—
(a) the premises are unoccupied, and
(b) the premises were occupied as a private dwelling immediately before the fire,
unless 24 hours' notice in writing has first been given to the person who was the occupier of the dwelling immediately before the fire.
(5) An authorised officer may apply to a justice of the peace if—
(a) he considers it necessary to enter premises for the purposes of subsection (1), but
(b) he is unable to do so, or considers that he is likely to be unable to do so, otherwise than by force.
(6) If on an application under subsection (5) a justice is satisfied that—
(a) it is necessary for the officer to enter the premises for the purposes of subsection (1), and
(b) he is unable to do so, or is likely to be unable to do so, otherwise than by force,
he may issue a warrant authorising the officer to enter the premises by force at any reasonable time.
(7) An authorised officer may also apply to a justice of the peace if he considers it necessary to enter a dwelling for the purposes of subsection (1) without giving notice as required by subsection (3)(b) or (4).
(8) If on an application under subsection (7) a justice is satisfied that it is necessary for the authorised officer to enter the dwelling for the purposes of subsection (1) without giving notice as required by subsection (3)(b) or (4), the justice may issue a warrant authorising the officer to enter the premises at any time (by force if necessary).
(9) An authorised officer exercising a power of entry under this section must, if so required, produce evidence of his authorisation under subsection (2), and any warrant under subsection (6) or (8)—
(a) before entering the premises, or
(b) at any time before leaving the premises.
(1) If an authorised officer exercises a power of entry under section 45(1)(a), he may—
(a) take with him any other persons, and any equipment, that he considers necessary;
(b) require any person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request.
(2) If an authorised officer exercises a power of entry under section 45(1)(b) he may—
(a) take with him any other persons, and any equipment, that he considers necessary;
(b) inspect and copy any documents or records on the premises or remove them from the premises;
(c) carry out any inspections, measurements and tests in relation to the premises, or to an article or substance found on the premises, that he considers necessary;
(d) take samples of an article or substance found on the premises, but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation;
(e) dismantle an article found on the premises, but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation;
(f) take possession of an article or substance found on the premises and detain it for as long as is necessary for any of these purposes—
(i) to examine it and do anything he has power to do under paragraph (c) or (e);
(ii) to ensure that it is not tampered with before his examination of it is completed;
(iii) to ensure that it is available for use as evidence in proceedings for an offence relevant to the investigation;
(g) require a person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request.
(3) If an authorised officer exercises the power in subsection (2)(d) he must—
(a) leave a notice at the premises (either with a responsible person or if that is impracticable fixed in a prominent position) giving particulars of the article or substance and stating that he has taken a sample of it, and
(b) if it is practicable to do so, give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
(4) If an authorised officer exercises the power in subsection (2)(f) he must leave a notice at the premises (either with a responsible person or if that is impracticable fixed in a prominent position) giving particulars of the article or substance and stating that he has taken possession of it.
(5) If in the exercise of any power under section 45 or this section an authorised officer enters premises which are unoccupied, or from which the occupier is temporarily absent, he must on his departure leave the premises as effectively secured against unauthorised entry as he found them.
(6) A person commits an offence if without reasonable excuse—
(a) he obstructs the exercise of any power under section 45 or this section, or
(b) he fails to comply with any requirement under subsection (1)(b) or (2)(g).
(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.