Fire and Rescue Services Act 2004 (UK)

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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. Exercise of powers at or under sea, the Maritime Coastguard Agency (MCA) has a general duty to manage the response of UK authorities to maritime incidents both in territorial waters and beyond. To support such response the MCA will enter into agreements with other service providers. Fire and rescue services may indicate to the MCA a willingness to provide a response to fires and other emergencies at sea and to provide fire crews equipped and trained to undertake such work. Section 20 will enable fire and rescue authorities to continue to provide a response to incidents at sea and under the sea (for example, in the Channel Tunnel). PART 3 ADMINISTRATION Fire and Rescue National Framework Section 21 Fire and Rescue National Framework 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.

The fire service budgets are met, partly from the government and is called the Revenue Support Grant, community charges, and the the local government precept. The Standing Spending Assessment is calculated on the operational commitment of the fire brigades and as there is no legal requirement for the secondary functions they are not included in the calculation of the SSA.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 Section 32 would allow the Secretary of State to issue guidance to negotiating bodies. Any negotiating body, whether established voluntarily or under Section 31, would be required to have regard to the guidance. Pensions etc Section 33 Pensions etc Subsection (6) makes it an offence to damage or obstruct a fire hydrant. Under subsection (7) a person guilty of an offence under subsection (5) and (6) is liable on summary conviction to a level 2 fine. Subsections (5), (6) and (7) re-state section 14(5) of the 1947 Act. The Secretary of State will report to Parliament on the extent to which fire and rescue authorities are acting in accordance with the Framework and any action he has taken to ensure they do so. He will not report on individual fire and rescue authorities. Supervision Section 25 Information

The 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 Part 2 – Functions of fire and rescue authorities (Sections 6 to 20): sets out the duties and powers of fire and rescue authorities. 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 centresThis Section requires the Secretary of State to consult on and prepare a Fire and Rescue National Framework (“the Framework”), to which fire and rescue authorities must have regard in carrying out their functions. The Secretary of State must keep the Framework under review and must consult on any significant revisions made to it. A draft Framework was published for consultation on 11th December 2003 setting out the Government’s objectives for the Fire and Rescue Service and what fire and rescue authorities should do to achieve these objectives. The Framework also sets out the support the Government will provide to fire and rescue authorities. Section 22 Intervention by Secretary of State

Should any negotiating body be set up under these powers, subsections (4) and (5) would prevent the body being undermined by negotiations being held in another forum. Subsections (5), (6), (7), (8), however, would allow the statutory body to make arrangements for some conditions of service to be negotiated locally either in their entirety or within nationally agreed parameters. Section 32 Guidance The Bill does not extend to Northern Ireland. PART 1 FIRE AND RESCUE AUTHORITIES 1 Fire and rescue authorities 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 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. FRAs also need to collect information to assess risk in their areas as well as protect the health and safety of their workers. The Fire and Rescue Services Act 2004 also gives the Government responsibility for producing the Fire and Rescue National Framework which outlines the Government's high level priorities and objectives for FRAs in England. The National Framework's priorities for FRAs are to:

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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 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

As announced in the ‘Our Fire and Rescue Service’ White Paper, the Government believes that the time is now right to devolve responsibilities for fire and rescue authorities to the National Assembly for Wales. The Bill therefore devolves responsibility for the Service in Wales and has been drafted in liaison and agreement with officials from the National Assembly and the Wales Office. Subsection (5) makes it an offence for any person to use a fire hydrant other than for the purpose of fire-fighting or any other purpose of a fire and rescue authority; or other than for any purpose authorised by the water undertaker or other person to whom the hydrant belongs. This Section applies a power equivalent to section 230 of the Local Government Act 1972 to all fire and rescue authorities and not just those to which section 230 applies. The power could, for example, be used for collecting incident by incident information on primary fires (those involving property, rescues, casualties or fatalities), the number and location of fires and the number of fire-related casualties and fatalities. Section 26 Inquiries 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 ApplicationAn 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.