Fire and Rescue Services Act 2004 (UK)

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Fire and Rescue Services Act 2004 (UK)

Fire and Rescue Services Act 2004 (UK)

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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. Part 7 – General (Sections 54 to 62): makes general provision in relation to pre-commencement consultation, interpretation, statutory instruments, territorial extent etc. 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. This 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 Subsection (3) enables the Secretary of State to make regulations providing for uniformity in fire hydrants and the distinguishing notices and marks indicating their location. This re-enacts section 14(6) of the 1947 Act.

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. An 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. 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 Prior to the second world war the fire service was run by local government and the responsibility delegated in most cases to the police. During the second world war the fire service was nationalised (NFS) and it was agreed on cessation of hostilities that the fire brigades would be returned to local authorities. In 1947 the Fire Services Act became law, making the fire service a department in its own right and provided a legal framework how fire service should be setup and administrated. The core function was to extinguishing fires and very little was included about the other functions of the fire service. The fire safety role was defined in subsection 1(1)(f) which states the fire service should provide fire prevention advice on request and with regards to the special services roll, it stated that fire brigade equipment could be used for other than firefighting purposes.

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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 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 It came into effect on 1 October 2004. It only applies to Great Britain and most provisions apply only in England and Wales. Replacing the previous Fire Services Act 1947 in England and Wales, it clarifies the duties and powers of fire authorities to:- 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. Section 31 provides the Secretary of State with reserve powers to establish negotiating machinery for the Fire and Rescue Service. The powers allow the Secretary of State to determine the number, composition and chair of the negotiating bodies following consultation. Subsection (2) requires that a statutory body includes employers, unions and an independent chairman.

work in partnership with their communities and a wide range of partners locally and nationally to deliver their service 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 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 InformationBecause 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 The Bill does not extend to Northern Ireland. PART 1 FIRE AND RESCUE AUTHORITIES 1 Fire and rescue authorities

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 servicesThe Fire and Rescue Services Act 2004 (c. 21), sometimes abbreviated as FRSA 2004, is an Act of the Parliament of the United Kingdom.



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