Fire and Rescue Services Act 2004 (UK)

Product Information

Section 26 re-enacts in an amended form section 33 of the Fire Services Act 1947. The Secretary of State will be able to hold a public inquiry into the performance of a fire and rescue authority or its handling of a particular incident. Section 27 Inspectors 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.

The term “emergency” is defined, for the purposes of this Bill only, at Section 56. Other functions Section 10 Directions relating to particular fires and emergencies This clause re-enacts section 32 of the Fire Services Act 1947 and provides that no member of a police force (i.e. a police constable) may be employed as a fire-fighter. If an off-duty police officer were employed by a fire and rescue authority, for example as a retained (part-time) fire-fighter, difficulties might arise at the scene of a fire or other emergency due to confusion over which employer had the primary claim on the officer’s services. PART 5 WATER SUPPLY Section 37 Duty to secure water supply etc Power to respond to other eventualities; and other services. replaces section 3(1)(e) of the Fire Services Act 1947, and will provide fire and rescue authorities with discretion to equip and respond to events beyond its core functions provided for elsewhere in the Bill. A fire and rescue authority will be free to act where it believes there is a risk to life or the environment. This would allow, for example, specialist activities such as rope rescue. A fire and rescue authority will be able to exercise the power in support of another fire and rescue authority – for example, under a reinforcement scheme (see Sections 13 and 14). Section 12 Other services The Fire and Rescue Services Act 2004 (c. 21), sometimes abbreviated as FRSA 2004, is an Act of the Parliament of the United Kingdom. The Bill provides for training for fire and rescue authority employees (and others) to be delivered centrally, regionally or locally. This Section re-enacts and enhances provision allowing the Secretary of State to set up and maintain central or local (including regional) training centres. The Fire Service College at Moreton in Marsh is the central training institution for the Fire and Rescue Service. However, the College is not able to provide all the development and training for the service and some training (for example, training that needs to be carried out regularly) may be best delivered at a regional or local level. PART 4 EMPLOYMENT Negotiating bodies Section 31 Negotiating bodiesAn Act to make provision about fire and rescue authorities and their functions; to make provision about employment by, and powers of employees of, fire and rescue authorities; to make provision about education and training and pension schemes; to make provision about the supply of water; to make provision about false alarms of fire; to provide for the funding of advisory bodies; and for connected purposes. Directions as to reinforcement schemes gives the Secretary of State the power to direct the fire and rescue authorities involved to make, vary or revoke such a scheme. Before giving a direction, the Secretary of State will give all authorities concerned the opportunity to make representations to him and he may hold a public inquiry. Section 15 Arrangements with other employers of fire-fighters Part 7 – General (Sections 54 to 62): makes general provision in relation to pre-commencement consultation, interpretation, statutory instruments, territorial extent etc.

Part 2 – Functions of fire and rescue authorities (Sections 6 to 20): sets out the duties and powers of fire and rescue authorities.

Changes over time for: Section 1

Sections 44(3) and (4) were repealed on 20 February 2007 [2] by section 6 of the Emergency Workers (Obstruction) Act 2006.

This provision provides authorised employees of a fire and rescue authority with the powers to deal with fires, road traffic accidents and other emergencies. It replaces section 30(1) of the Fire Services Act 1947 which was limited to dealing with extinguishing, or preventing the spread of, fires, and recognises the wider range of duties of fire-fighters, including the work which fire and rescue authorities do in responding to road traffic accidents. Powers of entry Section 44 Powers of entry identify and assess the full range of foreseeable fire and rescue related risks their areas face, make provision for prevention and protection activities and respond to incidents appropriately The Act is not expected to have a significant impact on either public expenditure or manpower. Through the process of regional organisation and the introduction of Integrated Risk Management Plans (IRMPs), it is expected that fire and rescue authorities will be given the flexibility to place greater emphasis on prevention and accrue expenditure savings as a result. IRMPs in particular should allow authorities to meet more effectively the particular service demands in their area. Whilst there may be a possibility that some fire and rescue services (typically smaller, rural authorities) could incur some short-term cost increases as a result of adopting the provisions in the Act (such as an enhanced role in promoting fire safety), such costs should be offset in the longer term by the efficiency savings that the Act will bring about. The Bill extends to England and Wales only with the exception of the provisions regarding pensions in Part 4 (as pension policy is a reserved matter) and various consequential provisions which also extend to Scotland. Wherever appropriate, it gives the National Assembly for Wales the powers of the Secretary of State in its application to Wales. Section 61 Short titleAccess to the water supply is by connection to a fire hydrant. Hydrants may be fitted by a water undertaker at the request of a fire and rescue authority. Clause 41(1) requires a water undertaker to mark the location of every fire hydrant with a notice or distinguishing mark and under subsection (2) the costs of doing this can be charged to the fire and rescue authority in whose area the hydrant is situated. This re-enacts provisions in section 14(3) of the Fire Services Act 1947. Part 3 – Administration (Sections 21 to 30): provides for the preparation of a Fire and Rescue National Framework setting out the strategic priorities of the Fire and Rescue Service, and for the supervision of fire and rescue authorities. It makes supplementary provision for the Secretary of State to provide equipment and training centres for fire and rescue authorities. 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 Other services provides a fire and rescue authority with the power to agree to the use of its equipment or personnel for any purpose it believes appropriate and wherever it so chooses. For example, a fire and rescue authority may agree to help pump out a pond as a service to its community. Assistance in discharge of functions Section 13 Reinforcement schemes 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 etc