Fire and Rescue Services Act 2004 (UK)

Product Information

Part 5 – Water supply (Sections 37 to 42): imposes duties on fire and rescue authorities and water undertakers to ensure an adequate supply of water for fire-fighting activities. Abolishes the Central Fire Brigades Advisory Council, which was established under section 29 of the Fire Services Act 1947 to provide general advice to the Secretary of State on matters relating to the operation of that Act. The Council also served as statutory consultee prior to the exercise by the Secretary of State of certain of his regulation-making powers under the 1947 Act (for example with regard to pensions). Where such regulation-making powers are re-enacted elsewhere in the Bill, the Secretary of State will be under a duty to consult with such persons as he considers are appropriate. Section 50 Repeal of Fire Services Act 1947 Section 51 Amendments Section 52 Repeal work in partnership with their communities and a wide range of partners locally and nationally to deliver their service

Because of the extra resources needed for the secondary functions, shortfalls appeared in budgets with increasing problems. To resolve the problem with budgets the fire service started to lobby the government for a new fire services act which would include provisions for all the secondary functions. The result is the Fire and Rescue Services Act 2004 and it is now law. The Fire and Rescue Services Act 2004 Chapter 21 This clause re-enacts provisions in the Fire Services Act 1947 which enable the Secretary of State to prescribe the circumstances in which a fire and rescue authority or a Scottish fire authority may provide information to a person who has opted or transferred out of any pension scheme for fire-fighters. It also re-enacts the existing provisions about charging for administrative expenses. Section 35 Preservation of existing pension scheme

Changes over time for: Section 44

Clause 45 sets out the powers and the obligations of an employee of a fire and rescue authority who has entered a place under clause 44 to gain information or investigate the cause and progression of a fire. The powers and obligations are similar to those applicable to investigations under health and safety legislation. Section 46 Powers of entry: notices Directions as to arrangements under Section 16 re-enacts provisions in the Fire Services Act 1947 that provide the Secretary of State with the ability to require fire and rescue authorities to enter into contractual arrangements under Section 16 (or to vary or cancel any such arrangements). The Secretary of State can exercise the power on his own initiative or where one of the authorities has asked him to intervene, but the power must be exercised in the interests of economy, efficiency and effectiveness. Before issuing a direction the Secretary of State must give the fire and rescue authorities affected the opportunity to make representations to him and he may hold a public inquiry. Supplementary Section 18 Training centres The term ‘brigade’ does not appear in the Bill – this reflects a community service structured on the roles of individuals rather than adherence to a rank structure. Territorial Application

Under subsection (3), if it is not practicable for written notice to be given, the person is regarded as having given such notice if he gives it as soon as practicable. It is an offence under subsection (4) if, without reasonable excuse, a person fails to give notice as required. Under subsection (5) a person is liable on summary conviction to a level 5 fine. PART 6 SUPPLEMENTARY Powers in the event of emergency etc Section 43 Powers of fire-fighters etc in an emergency etcThe main purpose of this Act is to deliver a modernised Fire and Rescue Service that responds to the particular demands of the 21st Century and repeals the Fire Services Act 1947. It will give effect to the majority of proposals that require primary legislation in the White Paper ‘Our Fire and Rescue Service’, published on 30th June 2003. The White Paper was a Government response to ‘The Independent Review of the Fire Service’ carried out by Sir George Bain and his team, whose report was published on 16th December 2002. Overview The Bill does not repeal the provisions of the Fire Services Act 1947 as they apply in Scotland, which will remain in force. The only exceptions to this are the pension provisions in Part 4 of the Bill and consequential provisions, which do extend to Scotland as pension policy is a reserved matter and not a devolved issue. The Bill, therefore, repeals the existing pension provisions in the 1947 Act, and in turn extends the replacement provisions, to England, Wales and Scotland. This Section re-enacts the power in the Fire Services Act 1947 that determines the arrangements for appointing inspectors of the Fire and Rescue Service. Equipment etc Section 28 Sections 44(3) and (4) were repealed on 20 February 2007 [2] by section 6 of the Emergency Workers (Obstruction) Act 2006.