The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/2929 |
| Year | 2005 |
2005 No. 2929 (W.214)
FIRE AND RESCUE SERVICES, WALES
The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005
Made 19th October 2005
Coming into force 25th October 2005
The National Assembly for Wales, in exercise of the powers conferred by sections 53(2), 60 and 62 of the Fire and Rescue Services Act 20041, hereby makes the following Order:
Title, commencement and application
1.—(1) The title of this Order is the Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 and comes into force on 25 October 2005.
(2) This Order applies in relation to Wales.
2. In section 83(2) of the Local Government Act 20032, for the words “fire authorities” substitute “fire and rescue authorities”.
Cinematograph (Safety) Regulations 1955
3. In regulation 5(3) of the Cinematograph (Safety) Regulations 19553(fire precautions), after the words “the fire brigade” insert “or, in England or Wales, employees of the fire and rescue authority”.
Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963
4. In article 5(b) of the Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 19634(exceptions), after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority”.
Gaming Clubs (Licensing) Regulations 1969
5. In Schedule 2 to the Gaming Clubs (Licensing) Regulations 19695(application for grant of a licence under the Gaming Act 1968), after the words “fire authority” insert “or, in England or Wales, fire and rescue authority” in both places where the words occur.
Local Authorities etc. (Miscellaneous Provision) (No 3) Order 1974
6. Article 6(6) of the Local Authorities etc. (Miscellaneous Provision) (No 3) Order 19746(compulsory purchase orders) is amended as follows—
(a) after the words “Fire Services Act 1947” insert “or Fire and Rescue Services Act 2004”; and
(b) after the words “fire authority” insert “or fire and rescue authority”.
Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975
7.—(1) The Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 19757are amended as follows.
(2) In paragraph 2 of Part 1 of Schedule 1 (employments to be treated as employed earners' employments for industrial injuries purposes), after the words “Great Britain” insert “as an employee of a fire and rescue authority employed for the purposes of that authority under the Fire and Rescue Services Act 2004 or”.
(3) In paragraph 4 of column (1) of Schedule 3 (employments in respect of which persons are treated as employers for industrial injuries purposes), before the words “fire brigade” insert “fire and rescue authorities,”.
Tribunals and Inquiries (Discretionary Inquiries) Order 1975
8. After paragraph 19 of the Schedule to the Tribunals and Inquiries (Discretionary Inquiries) Order 19758(inquiries designated for the purposes of the Tribunals and Inquiries Act 1992), insert—
“19A. Any inquiry held under section 14(3), 17(3) or 27 of the Fire and Rescue Services Act 2004.”.
Motorways Traffic (England and Wales) Regulations 1982
9. In regulation 16(1)(d) of the Motorways Traffic (England and Wales) Regulations 19829(exceptions and relaxations), for the words “a fire brigade or of an ambulance service” substitute “an ambulance service or as an employee of a fire and rescue authority employed for the purposes of that authority”.
Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 1985
10. In article 3(h) of the Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 198510(exemption under section 1 subject to conditions), after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority”.
Road Vehicles (Construction and Use) Regulations 1986
11.—(1) The Road Vehicles (Construction and Use) Regulations 198611are amended as follows.
(2) In regulation 10B(3)(f) (vehicles to which regulation 10A applies), after “1947” insert “or, in England or Wales, a motor vehicle used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004”.
(3) In regulation 10C(7)(d) (meaning of “trailer”), after “1947” insert “or, in England or Wales, a trailer used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004”.
(4) In the following provisions, after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority” in each place where the words occur—
(a)
(a) regulation 36B(14)(e) (speed limits);
(b)
(b) regulation 37(5)(a) (audible warning instruments);
(c)
(c) regulation 82(10)(a) (wide loads);
(d)
(d) regulation 101(2)(a) (parking in darkness); and
(e)
(e) regulation 107(2)(a) (leaving motor vehicles unattended).
Local Government Reorganisation (Preservation of Right to Buy) Order 1986
12. In paragraph 42 of Part 1 of Schedule 1 to the Local Government Reorganisation (Preservation of Right to Buy) Order 198612(modifications to Part V of the Housing Act 1985), for the words “a fire authority for the purposes of the Fire Services Acts 1947 to 1959” substitute “a fire and rescue authority under the Fire and Rescue Services Act 2004”.
Dangerous Substances in Harbour Areas Regulations 1987
13. In regulation 30 of the Dangerous Substances in Harbour Areas Regulations 198713(storage tanks), after the words “fire authority” insert “or, in England or Wales, fire and rescue authority” in both places where the words occur.
Safety of Sports Grounds Regulations 1987
14.—(1) The Safety of Sports Grounds Regulations 198714are amended as follows.
(2) In regulation 5(6) (notices by local authorities)—
(a)
(a) at the end of sub-paragraph (c) delete “and”;
(b)
(b) after sub-paragraph (c) insert—
“(ca)
“(ca) in relation to England and Wales—
(i) the fire and rescue authority, where the local authority is not the fire and rescue authority; and
(ii) the building authority, where the local authority is not the building authority; and”; and
(c)
(c) in sub-paragraph (d) delete the words “Wales and”.
(3) In paragraph 4(a) of the form contained in the Schedule (application for a safety certificate), after the words “fire authority” insert “or fire and rescue authority”.
Income Support (General) Regulations 1987
15. After paragraph 7(1)(a) of Schedule 8 to the Income Support (General) Regulations 198715(sums to be disregarded in the calculation of earnings), insert—
“(aa)
“(aa) a part-time fire-fighter employed by a fire and rescue authority;”.
Housing Benefit (General) Regulations 1987
16.—(1) The Housing Benefit (General) Regulations 198716are amended as follows.
(2) After paragraph 6(1)(a) of Schedule 3 (sums to be disregarded in the calculation of earnings), insert—
“(aa)
“(aa) a part-time fire-fighter employed by a fire and rescue authority;”.
(3) After paragraph 3(2)(a) of Schedule 3A (sums disregarded from claimant’s earnings), insert—
“(aa)
“(aa) as a part-time fire-fighter employed by a fire and rescue authority;”.
Safety of Places of Sport Regulations 1988
17.—(1) The Safety of Places of Sport Regulations 198817are amended as follows.
(2) In regulation 4(8) (notices by local authorities)—
(a)
(a) at the end of sub-paragraph (c) delete “and”;
(b)
(b) after sub-paragraph (c) insert—
“(ca)
“(ca) in relation to England and Wales—
(i) the fire and rescue authority, where the local authority is not the fire and rescue authority; and
(ii) the building authority, where the local authority is not the building authority; and”; and
(c)
(c) in sub-paragraph (d) delete the words “Wales and”.
(3) In paragraph 4(a) of the form contained in the Schedule (application for a safety certificate), after the words “fire authority” insert “or fire and rescue authority”.
Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989
18. In article 5(2)(c) of the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 198918(premises exempt from requirement for fire certificate) and article 6(1) (premises qualifying for exemption from requirement for fire certificate), after the words “fire authority” insert “or, in England or Wales, fire and rescue authority”.
Fire Precautions (Sub-surface Railway Stations) Regulations 1989
19.—(1) The Fire Precautions (Sub-surface Railway Stations) Regulations 198919are amended as follows.
(2) In the definition of “fire brigade” in regulation 2 (interpretation), after the words “fire authority” insert “or, in England or Wales, employees of a fire and rescue authority; and “members of a fire brigade” shall be interpreted accordingly”.
(3) In regulation 12 (exemption from requirements)—
(a)
(a) in paragraph (1) after the words “fire authority” insert “or, in England or Wales, a fire and rescue...
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