The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/3168 |
| Year | 2004 |
2004 No.3168
FIRE AND RESCUE SERVICES, ENGLAND
The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004
Made 2nd December 2004
Laid before Parliament 9th December 2004
Coming into force 30th December 2004
The First Secretary of State, in exercise of the powers conferred by sections 53(2) and 60 of the Fire and Rescue Services Act 20041, hereby makes the following Order:
Citation, commencement and application
1.—(1) This Order may be cited as the Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 and shall come into force on 30th December 2004.
(2) This Order applies in relation to England only.
Cinematograph (Safety) Regulations 1955
2. In regulation 5(3) of the Cinematograph (Safety) Regulations 19552(fire precautions), after the words “the fire brigade” insert “or, in England, employees of the fire and rescue authority”.
Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963
3. In article 5(b) of the Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 19633(exceptions), after the words “fire brigade” insert “or, in England, fire and rescue authority”.
Gaming Clubs (Licensing) Regulations 1969
4. In Schedule 2 to the Gaming Clubs (Licensing) Regulations 19694(application for grant of a licence under the Gaming Act 1968), after the words “fire authority” insert “or, in England, fire and rescue authority” in both places where the words occur.
Local Authorities etc. (Miscellaneous Provision) (No 3) Order 1974
5. Article 6(6) of the Local Authorities etc. (Miscellaneous Provision) Order (No 3) 19745(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
6.—(1) The Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 19756are amended as follows.
(2) In paragraph 2 of Part 1 of Schedule 1 (employments to be treated as employed earners' employments for certain 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 employees for certain purposes), before the words “fire brigade” insert “fire and rescue authorities,”.
Tribunals and Inquiries (Discretionary Inquiries) Order 1975
7. After paragraph 19 of the Schedule to the Tribunals and Inquiries (Discretionary Inquiries) Order 19757(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
8. In regulation 16(1)(d) of the Motorways Traffic (England and Wales) Regulations 19828(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
9. In article 3(h) of the Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 19859(exemption under section 1 subject to conditions), after the words “fire brigade” insert “or, in England, fire and rescue authority”.
Road Vehicles (Construction and Use) Regulations 1986
10.—(1) The Road Vehicles (Construction and Use) Regulations 198510are amended as follows.
(2) In regulation 10B(3)(f) (vehicles to which regulation 10A applies), after the word “1947” insert “or, in England, 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 the word “1947” insert “or, in England, 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, 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
11. In paragraph 42 of Part 1 of Schedule 1 to the Local Government Reorganisation (Preservation of Right to Buy) Order 198611(modification of Part 5 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 rescue authority under the Fire and Rescue Services Act 2004”.
Dangerous Substances in Harbour Areas Regulations 1987
12. In regulation 30 of the Dangerous Substances in Harbour Areas Regulations 198712(storage tanks), after the words “fire authority” insert “or, in England, fire and rescue authority” in both places where the words occur.
Safety of Sports Grounds Regulations 1987
13.—(1) The Safety of Sports Grounds Regulations 198713are amended as follows.
(2) In regulation 5(6) (notices by local authorities)—
(a)
(a) and the end of sub-paragraph (c) delete “and”;
(b)
(b) after sub-paragraph (c) insert—
“(ca)
“(ca) in relation to England—
(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) for the words “where the local authority is in Greater London or a metropolitan county, the fire authority or, in any other case” substitute “in relation to Wales and Scotland”.
(3) In paragraph 4(a) of Part 1 of the Schedule (application for a safety certificate), after the words “fire authority” insert “or fire and rescue authority”.
Income Support (General) Regulations 1987
14. After paragraph 7(1)(a) of Schedule 8 to the Income Support (General) Regulations 198714(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
15.—(1) The Housing Benefit (General) Regulations 198715are amended as follows.
(2) After paragraph 6(1)(a) of Schedule 3 (sums to be disregarded in 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 claimants earnings), insert—
“(aa)
“(aa) as a part-time fire-fighter employed by a fire and rescue authority;”.
Safety of Places of Sport Regulations 1988
16.—(1) The Safety of Places of Sport Regulations 198816are amended as follows.
(2) In regulation 4(8) (notices by local authorities)—
(a)
(a) and the end of sub-paragraph (c) delete “and”;
(b)
(b) after sub-paragraph (c) insert—
“(ca)
“(ca) in relation to England—
(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) for the words “where the local authority is in Greater London or a metropolitan county, the fire authority or, in any other case” substitute “in relation to Wales and Scotland”.
(3) In paragraph 4(a) of Part 1 of 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
17. In article 5(2)(c) of the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 198917(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, fire and rescue authority”.
Fire Precautions (Sub-surface Railway Stations) Regulations 1989
18.—(1) The Fire Precautions (Sub-surface Railway Stations) Regulations 198918are amended as follows.
(2) In the definition of “fire brigade” in regulation 2 (interpretation), after the words “fire authority” insert “or, in England, 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, a fire and rescue authority” in each...
To continue reading
Request your trial