The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004

Contents

Article 1Citation, commencement and application#

(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.

Article 2Cinematograph (Safety) Regulations 1955#

In regulation 5(3) of the Cinematograph (Safety) Regulations 1955 (fire precautions), after the words “the fire brigade” insert “or, in England, employees of the fire and rescue authority”.

Article 3Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963#

In article 5(b) of the Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963 (exceptions), after the words “fire brigade” insert “or, in England, fire and rescue authority”.

Article 4Gaming Clubs (Licensing) Regulations 1969#

In Schedule 2 to the Gaming Clubs (Licensing) Regulations 1969 (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.

Article 5Local Authorities etc. (Miscellaneous Provision) (No 3) Order 1974#

Article 6(6) of the Local Authorities etc. (Miscellaneous Provision) Order (No 3) 1974 (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”.

Article 6Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975#

(1)The Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975 are 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,”.

Article 7Tribunals and Inquiries (Discretionary Inquiries) Order 1975#

After paragraph 19 of the Schedule to the Tribunals and Inquiries (Discretionary Inquiries) Order 1975 (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.”

Article 8Motorways Traffic (England and Wales) Regulations 1982#

In regulation 16(1)(d) of the Motorways Traffic (England and Wales) Regulations 1982 (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”.

Article 9Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 1985#

In article 3(h) of the Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 1985 (exemption under section 1 subject to conditions), after the words “fire brigade” insert “or, in England, fire and rescue authority”.

Article 10Road Vehicles (Construction and Use) Regulations 1986#

(1)The Road Vehicles (Construction and Use) Regulations 1985 are 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)regulation 36B(14)(e) (speed limits);

(b)regulation 37(5)(a) (audible warning instruments);

(c)regulation 82(10)(a) (wide loads);

(d)regulation 101(2)(a) (parking in darkness); and

(e)regulation 107(2)(a) (leaving motor vehicles unattended).

Article 11Local Government Reorganisation (Preservation of Right to Buy) Order 1986#

In paragraph 42 of Part 1 of Schedule 1 to the Local Government Reorganisation (Preservation of Right to Buy) Order 1986 (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”.

Article 12Dangerous Substances in Harbour Areas Regulations 1987#

In regulation 30 of the Dangerous Substances in Harbour Areas Regulations 1987 (storage tanks), after the words “fire authority” insert “or, in England, fire and rescue authority” in both places where the words occur.

Article 13Safety of Sports Grounds Regulations 1987#

(1)The Safety of Sports Grounds Regulations 1987 are amended as follows.

(2)In regulation 5(6) (notices by local authorities)—

(a)and the end of sub-paragraph (c) delete “and”;

(b)after sub-paragraph (c) insert—“ca in relation to England—i the fire and rescue authority, where the local authority is not the fire and rescue authority; andii the building authority, where the local authority is not the building authority; and”

(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”.

Article 14Income Support (General) Regulations 1987#

After paragraph 7(1)(a) of Schedule 8 to the Income Support (General) Regulations 1987 (sums to be disregarded in the calculation of earnings), insert—“aa a part-time fire-fighter employed by a fire and rescue authority;”

Article 15Housing Benefit (General) Regulations 1987#

(1)The Housing Benefit (General) Regulations 1987 are amended as follows.

(2)After paragraph 6(1)(a) of Schedule 3 (sums to be disregarded in calculation of earnings), insert—“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 as a part-time fire-fighter employed by a fire and rescue authority;”

Article 16Safety of Places of Sport Regulations 1988#

(1)The Safety of Places of Sport Regulations 1988 are amended as follows.

(2)In regulation 4(8) (notices by local authorities)—

(a)and the end of sub-paragraph (c) delete “and”;

(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”.

Article 17Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989#

In article 5(2)(c) of the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989 (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”.

Article 18Fire Precautions (Sub-surface Railway Stations) Regulations 1989#

(1)The Fire Precautions (Sub-surface Railway Stations) Regulations 1989 are 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)in paragraph (1) after the words “fire authority” insert “or, in England, a fire and rescue authority” in each place where the words occur; and

(b)in paragraphs (2) and (3) after the words “fire authority” insert “or fire and rescue authority” in both places where they occur.

Article 19Road Vehicles Lighting Regulations 1989#

In the table in regulation 3 of the Road Vehicles Lighting Regulations 1989 (interpretation), in paragraph (a) of the definition of “emergency vehicle” after the words “fire brigade” insert “or, in England, fire and rescue authority”.

Article 20Dangerous Substances (Notification and Marking of Sites) Regulations 1990#

In regulation 2(1) of the Dangerous Substances (Notification and Marking of Sites) Regulations 1990 (interpretation), in the definition of “fire authority”, after the words “Fire Services Act 1947” insert “or, in England, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the site is situated”.

Article 21Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990#

(1)The Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990 are amended as follows.

(2)In regulation 2(1) (interpretation), for the definition of “fire authority” substitute—“• “fire and rescue authority” in relation to any road or other place, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the road or other place is situated;”

(3)In regulation 14(1)(ii) (notice of the making of the order), for the words “fire authority” substitute “fire and rescue authority”.

Article 22Housing (Prescribed Forms) (No 2) Regulations 1990#

In Form 35 in the Schedule to the Housing (Prescribed Forms) (No 2) Regulations 1990 (closing order for part of a house in multiple occupation), for the words “Fire Authority” substitute “Fire and Rescue Authority”.

Article 23Channel Tunnel (Fire Services, Immigration and Prevention of Terrorism) Order 1990#

Article 2 of the Channel Tunnel (Fire Services, Immigration and Prevention of Terrorism) Order 1990(fire services) is amended as follows—

(a)in paragraph (1), for the words from “For the purpose of” to “shall have effect” substitute “For the purpose of enabling functions to be exercised under the Fire and Rescue Services Act 2004 (“the 2004 Act”), including the making of such schemes and arrangements as may be made under sections 13(1), 15(1) and 16(1) of the 2004 Act, that Act shall have effect”;

(b)in paragraph (1)(b)(i), for the words “fire authority within the meaning of the 1947 Act” substitute “fire and rescue authority under the 2004 Act”;

(c)in paragraph (1)(b)(ii), for the words “members of a brigade maintained by that authority were members of a brigade maintained in pursuance of that Act” substitute “employees of that authority were employees of a fire and rescue authority”;

(d)for paragraph (2) substitute—“2 Where, in connection with the exercise of any functions under the 2004 Act in relation to the tunnel system, an employee of a fire and rescue service is in transit to or from the tunnel system and is outside the United Kingdom he shall be treated as if he were an employee of a fire and rescue service employed by a fire and rescue authority outside its area under section 11(4) of the 2004 Act.”

(e)in paragraph (3), for the words “fire authority” substitute “fire and rescue authority”; and

(f)in paragraph (4), for the words “Section 2(3), (5) and (9) and section 12(2) to (5) of the 1947 Act” substitute “Section 14(2) and (3) and section 17 of the 2004 Act”.

Article 24Public Works Contracts Regulations 1991#

In regulation 3(1) of the Public Works Contracts Regulations 1991 (contracting authorities), after sub-paragraph (i) insert—“ia a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,”

Article 25Road Traffic (Temporary Restrictions) Procedure Regulations 1992#

In regulation 2(1) of the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (interpretation), in the definition of “fire authority”, after the words “Fire Services Act 1947” insert “or, in England, the fire and rescue authority for that area under the Fire and Rescue Services Act 2004”.

Article 26Housing (Right to Buy) (Prescribed Persons) Order 1992#

In the Schedule to the Housing (Right to Buy) (Prescribed Persons) Order 1992 (which prescribes certain persons who satisfy the landlord condition in Schedule 4(8) to 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”.

Article 27Council Tax Benefit (General) Regulations 1992#

(1)The Council Tax Benefit (General) Regulations 1992 are amended as follows.

(2)After paragraph 6(1)(a) of Schedule 3 (sums to be disregarded in the calculation of earnings), insert—“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 as a part-time fire-fighter employed by a fire and rescue authority;”

Article 28The Child Support (Maintenance Assessments and Special Cases) Regulations 1992#

After paragraph 1(1)(i)(ii) of Part 1 of Schedule 1 to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (earnings of an employed earner), insert—“iia a part-time fire-fighter employed by a fire and rescue authority;”

Article 29Motor Vehicles (Wearing of Seat Belts) Regulations 1993#

In regulation 6(1)(f) of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 (exemptions), after the words “fire brigade” insert “or, in England, fire and rescue authority”.

Article 30Civil Defence (General Local Authority Functions) Regulations 1993#

In regulation 4(3) of the Civil Defence (General Local Authority Functions) Regulations 1993 (civil defence functions of county councils)—

(a)for the words “Fire Services Act 1947” substitute “Fire and Rescue Services Act 2004”; and

(b)in sub-paragraph (a), for the words “fire authority” substitute “fire and rescue authority”.

Article 31Public Services Contracts Regulations 1993#

In regulation 3(1) of the Public Services Contracts Regulations 1993 (contracting authorities), after sub-paragraph (i) insert—“ia a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,”

Article 32Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994#

In paragraph 5 of Schedule 2 to the Education (Special Education Needs) (Approval of Independent Schools) Regulations 1994 (further requirements to be complied with while approval is in force)—

(a)for the words “fire authority” substitute “fire and rescue authority” in both places where they occur; and

(b)in sub-paragraph (1) for the words “section 1(1)(f) of the Fire Services Act 1947” substitute “section 6(2)(b) of the Fire and Rescue Services Act 2004”.

Article 33Public Supply Contracts Regulations 1995#

In regulation 3(1) of the Public Supply Contracts Regulations 1995 (contracting authorities), after sub-paragraph (i) insert—“ia a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 2 of that Act applies,”

Article 34Marriages (Approved Premises) Regulations 1995#

In paragraph 3 of Schedule 1 to the Marriages (Approved Premises) Regulations 1995 (requirements for the grant of approval), after the words “fire authority” insert “or, in England, fire and rescue authority”.

Article 35Goods Vehicles (Licensing of Operators) Regulations 1995#

In paragraph 6 of Part 1 of Schedule 3 to the Goods Vehicles (Licensing of Operators) Regulations 1995 (exempt vehicles), after the words “fire brigade” insert “or, in England, fire and rescue authority”.

Article 36Jobseeker’s Allowance Regulations 1996#

(1)The Jobseeker’s Allowance Regulations 1996 are amended as follows.

(2)In regulation 4 (interpretation of Parts 2, 4 and 5), in the definition of “part-time member of a fire brigade” after the words “Fire Services Acts 1947—1959” insert “or, in England, a part-time fire-fighter employed by a fire and rescue authority”.

(3)After regulation 53(d)(i) (persons treated as not engaged in remunerative work ), insert—“ia a part-time fire-fighter employed by a fire and rescue authority;”

(4)After paragraph 9(1)(a) of Schedule 6 (sums to be disregarded in the calculation of earnings), insert—“aa a part-time fire-fighter employed by a fire and rescue authority;”

Article 37Construction (Health, Safety and Welfare) Regulations 1996#

In regulation 33(1) of the Construction (Health, Safety and Welfare) Regulations 1996 (enforcement in respect of fire), after the words “Fire Precautions Act 1971” insert “or, in England, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the premises are situated”.

Article 38Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996#

In regulation 6 of the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (consultation)—

(a)in paragraph (1) for the words “In case (b) the chief officer of the fire brigade of the fire authority” substitute “In case (b) the fire and rescue authority”;

(b)in paragraph (2) for the definition of “fire authority” substitute—“• “fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the road or place is situated;”

Article 39Social Security Benefit (Computation of Earnings) Regulations 1996#

After paragraph 9(a) of Schedule 1 to the Social Security Benefit (Computation of Earnings) Regulations 1996 (sums to be disregarded in the calculation of earnings), insert—“aa a part-time fire-fighter employed by a fire and rescue authority;”

Article 40Housing Renewal Grants Regulations 1996#

In paragraph 8(1)(a) of Schedule 2 to the Housing Renewal Grants Regulations 1996 (sums to be disregarded in the determination of earnings), for the words “a part-time fireman in a fire-brigade maintained in pursuance of the Fire Services Acts 1947 to 1959” substitute “a part-time fire-fighter employed by a fire and rescue authority”.

Article 41Royal Parks and Other Open Spaces Regulations 1997#

In regulation 6 of the Royal Parks and Other Open Spaces Regulations 1997 (exemptions from certain regulations), after paragraph (1) insert—“1A In relation to England, the reference to a member of a fire brigade in paragraph (1) is a reference to an employee of a fire and rescue authority.”

Article 42Fire Precautions (Workplace) Regulations 1997#

(1)The Fire Precautions (Workplace) Regulations 1997 are amended as follows.

(2)In regulation 2(1) (interpretation), in the definition of “fire authority”, after the words “Fire Services Act 1947” insert “or, in England, a fire and rescue authority under the Fire and Rescue Services Act 2004”.

(3)In regulation 18—

(a)in paragraph (5)—

(i)after the words “fire brigade” insert “or, in England, employee of a fire authority”; and

(ii)after the words “maintain that brigade” insert “or who employ that person”.

(b)in paragraph (6), after the words “the Fire Services Act 1947” insert “or section 28 of the Fire and Rescue Services Act 2004”.

(4)In regulation 20(b) after the words “fire authority” insert “or, in England, employee of a fire and rescue authority”.

Article 43Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997#

In the following provisions of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997, after the words “fire brigade” insert “or, in England, fire and rescue authority” in each place where the words occur—

(a)regulation 12(1)(e) (significance of vehicular light signals at Pelican crossings);

(b)regulation 13(1)(f) (significance of vehicular light signals at Puffin crossings); and

(c)regulations 21(c) (exceptions to regulation 20).

Article 44Combined Fire Authorities (Protection from Personal Liability) (England) Regulations 1997#

(1)The Combined Fire Authorities (Protection from Personal Liability) (England) Regulations 1997 are amended as follows.

(2)For regulation 2 (interpretation), substitute—“2 In these Regulations “the 2004 Act” means the Fire and Rescue Services Act 2004, and “combination scheme” means a scheme under section 2 of that Act or a scheme to which section 4 of that Act applies.”

(3)In regulation 3(1)(a) (protection from personal liability) for the words “fire authority for the purposes of the 1947 Act” substitute “fire and rescue authority for the purposes of the 2004 Act”.

(4)In the following provisions, for the words “fire authority” substitute “fire and rescue authority” in each place where the words occur—

(a)regulation 3(1)(b);

(b)the full-out to regulation 3(1); and

(c)regulation 3(2).

Article 45Police Information Technology Organisation (Additional Bodies) Order 1998#

In paragraph 1(j) of article 2 of the Police Information Technology Organisation (Additional Bodies) Order 1998 (bodies for which PITO may carry out activities), after the words “fire authority” insert “or fire and rescue authority”.

Article 46Health and Safety (Enforcing Authority) Regulations 1998#

In regulation 4(3)(e) of the Health and Safety (Enforcing Authority) Regulations 1998 (exceptions), after the words “the Fire Precautions Act 1971” insert “or, in England, a fire and rescue authority under the Fire and Rescue Services Act 2004”.

Article 47Combined Fire Authorities (Secure Tenancies) (England) Regulations 1998#

(1)The Combined Fire Authorities (Secure Tenancies) (England) Regulations 1998 are amended as follows.

(3)In regulation 3(1)(a) (secure tenancies) for the words “fire authority for the purposes of the 1947 Act” substitute “fire and rescue authority for the purposes of the 2004 Act”.

(4)In the following regulations, for the words “fire authority” substitute “fire and rescue authority” in each place where they occur—

(a)regulation 3(1)(b);

(b)the full-out to regulation 3(1); and

(c)regulation 3(2).

Article 48Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No 1) Order 1998#

In Schedule 1 to the Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No 1) Order 1998 (meaning of “United Kingdom Public Authority”), after paragraph 1(g) insert—“ga a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;”

Article 49Highways (Road Humps) Regulations 1999#

In regulation 3(b) of the Highways (Road Humps) Regulations 1999 (consultation), for the words “the chief officer of the fire brigade” substitute “the fire and rescue authority”.

Article 50Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999#

In Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 (employment to which the Order applies), after paragraph 1 of section 6 insert—“1A A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.”

Article 51Motor Vehicles (Driving Licences) Regulations 1999#

(1)The Motor Vehicles (Driving Licences) Regulations 1999 are amended as follows.

(2)In regulation 23(1) (persons by whom theory tests may be conducted)—

(a)in paragraph (d), omit the words “England and”; and

(b)after paragraph (d), insert—“da in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;”

(3)In regulation 24(1) (persons by whom practical and unitary tests may be conducted)—

(a)in paragraph (c), omit the words “England and”; and

(b)after paragraph (c), insert—“ca in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;”

Article 52Building (Approved Inspectors etc.) Regulations 2000#

(1)The Building (Approved Inspectors etc.) Regulations 2000 are amended as follows.

(2)In regulation 2(1) (interpretation), for the definition of “fire authority” substitute—“• “fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the premises are or are to be situated;”

(3)In the following provisions, for the words “fire authority” substitute “fire and rescue authority” in each place where the words occur—

(a)regulation 13 (approved inspector’s consultation with the fire authority);

(b)Schedule 2 (forms);

(c)Schedule 3 (grounds for rejecting an initial notice etc.);

(d)Schedule 4 (grounds for rejecting a plans certificate etc.);

(e)Schedule 5 (grounds for rejecting a final certificate);

(f)Schedule 6 (grounds for rejecting a public body’s notice etc.);

(g)Schedule 7 (grounds for rejecting a public body’s plans certificate etc.); and

(h)Schedule 8 (grounds for rejecting a public body’s public certificate).

Article 53Local Authorities (Functions and Responsibilities) (England) Regulations 2000#

In Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (functions not to be the responsibility of an authority’s executive), for H2 substitute—

(a)in the first column, the words “2 Functions under the Fire-fighters' Pension Scheme relating to pensions, etc as respects persons employed by fire and rescue authorities pursuant to section 1 of the Fire and Rescue Services Act 2004”; and

(b)in the second column, the words “Sections 34 and 36 of the Fire and Rescue Services Act 2004 (c. 21)”.

Article 54Child Support (Maintenance Calculations and Special Cases) Regulations 2000#

After paragraph 4(2)(g)(ii) of the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (calculation of earnings), insert—“iia a part-time fire-fighter employed by a fire and rescue authority;”

Article 55Trunk Road Charging Schemes (Bridges and Tunnels) (England) Procedure Regulations 2001#

In regulation 4(b) of the Trunk Road Charging Schemes (Bridging and Tunnels) (England) Procedure Regulations 2001 (consultation), for the words “the chief officer of the fire brigade” substitute “the fire and rescue authority”.

Article 56Race Relations Act 1976 (Statutory Duties) Order 2001#

In Schedule 1 to the Race Relations Act 1976 (Statutory Duties) Order 2001 (bodies and other persons required to publish race equality schemes), after the entry for a fire authority constituted by a combination scheme under section 5 or 6 of the Fire Services Act 1947 insert—“• A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.”

Article 57Local Authorities (Model Code of Conduct) (England) Order 2001#

In article 1 of the Local Authorities (Model Code of Conduct) (England) Order 2001 (application), for paragraph (2)(h) substitute—“h a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; and”

Article 58Care Homes Regulations 2001#

(1)The Care Homes Regulations 2001 are amended as follows.

(2)In regulation 2(1) (interpretation), for the definition of “fire authority” substitute—“• “fire and rescue authority” means, in relation to a care home, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the care home is situated;”

(3)In regulation 23(4) (fitness of premises), for the words “fire authority” substitute “fire and rescue authority”.

Article 59Children’s Homes Regulations 2001#

Regulation 32 of the Children’s Homes Regulations 2001 (fire precautions) is amended as follows—

(a)in paragraph (1) for the words “fire authority” substitute “fire and rescue authority”; and

(b)for paragraph (2) substitute—“2 In this regulation, “fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which a children’s home is situated.”

Article 60Private and Voluntary Health Care (England) Regulations 2001#

Regulation 25 of the Private and Voluntary Health Care (England) Regulations 2001 (fitness of premises) is amended as follows—

(a)in paragraph (4) for the words “fire authority” substitute “fire and rescue authority”; and

(b)for paragraph (5) substitute—“5 In this regulation “fire and rescue authority” in relation to an establishment or agency, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the establishment or agency is situated.”

Article 61Radioactive Material (Road Transport) Regulations 2002#

In regulation 69(2)(a) of the Radioactive Material (Road Transport) Regulations 2002 (duties of drivers etc. in the event of a radiological emergency), after the words “fire brigade” insert “or, in England, the fire and rescue authority”.

Article 62State Pension Credit Regulations 2002#

After paragraph 2(2)(a) of Schedule VI to the State Pension Credit Regulations 2002 (sums disregarded from claimant’s earnings), insert—“aa as a part-time fire-fighter employed by a fire and rescue authority;”

Article 63Control of Asbestos at Work Regulations 2002#

In regulation 3(3)(a) of the Control of Asbestos at Work Regulations 2002 (duties under the Regulations)—

(a)after the words “fire authority” insert “or, in England, a fire and rescue authority”; and

(b)after the words “by that authority” insert “or by employees of that authority”.

Article 64Traffic Signs Regulations and General Directions 2002#

(1)The Traffic Signs Regulations and General Directions 2002 are amended as follows.

(2)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)regulation 15(2) (significance of certain sign);

(b)regulation 26(5)(b) (road markings shown in certain diagrams);

(c)regulation 27(3)(c) (road markings shown in certain diagram);

(d)regulation 36(1)(b) (significance of light signals prescribed by certain regulations); and

(e)paragraph 4(1)(a) of Schedule 19 (bus stop and bus stand clearways and box junctions).

Article 65Residential Family Centres Regulations 2002#

Regulation 22 of the Residential Family Centres Regulations 2002 (fire precautions) is amended as follows—

(a)in paragraph (1), for the words “fire authority” substitute “fire and rescue authority”; and

(b)for paragraph (2) substitute—“2 In this regulation, “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which a residential family centre is situated.”

Article 66Local Government (Best Value) Performance Indicators and Performance Standards Order 2003#

(1)The Local Government (Best Value) Performance Indicators and Performance Standards Order 2003 is amended as follows.

(2)In article 1(2) (interpretation), for the definition of “fire authority” substitute—“• “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;”

(3)In article 16 (performance indicators for fire services) for the words “fire authorities” substitute “fire and rescue services”.

Article 67Accounts and Audit Regulations 2003#

In regulation 7 of the Accounts and Audit Regulations 2003 (statement of accounts), for paragraph (3)(k) substitute—“k any fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; and”

Article 68Local Authorities (Members' Allowances) (England) Regulations 2003#

(1)The Local Authorities (Members' Allowances) (England) Regulations 2003 are amended as follows.

(2)In regulation 3 (application), for paragraph (1)(e) substitute—“e a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;”

(3)In regulation 34 (disapplication), for paragraph (4)(e) substitute—“e a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;”

Article 69Highways, Crime Prevention etc (Special Extinguishment and Special Diversion Orders) Regulations 2003#

In Schedule 3 to the Highways, Crime Prevention etc (Special Extinguishment and Special Diversion Orders) Regulations 2003 (additional persons to be served with notice of orders), for the words “The authority discharging the functions of fire authority under the Fire Services Act 1947” substitute “The fire and rescue authority under the Fire and Rescue Services Act 2004”.

Article 70Education (Independent School Standards) (England) Regulations 2003#

(1)The Education (Independent School Standards) (England) Regulations 2003 are amended as follows.

(2)In regulation 4 (interpretation), for the definition of “fire authority” substitute—“• “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;”

(3)In paragraph 3(5)(b) of the Schedule (independent schools standards), for “fire authority” substitute “fire and rescue authority”.

Article 71Regulation of Investigatory Powers (Communications Data) Order 2003#

(1)The Regulation of Investigatory Powers (Communications Data) Order 2003 is amended as follows.

(2)In Part 1 of Schedule 2 (individuals in additional public authorities that may acquire all types of communication), after the words “Any fire authority within the meaning of the Fire Services Act 1947 (read with paragraph 2 of Schedule 11 to the Local Government Act 1985)” insert “or any fire and rescue authority under the Fire and Rescue Services Act 2004”.

(3)In Part 2 of Schedule 2 (individuals in the public authorities specified in Part 1 that may only acquire certain types of communication), after the words “Any fire authority within the meaning of the Fire Services Act 1947 (read with paragraph 2 of Schedule 11 to the Local Government Act 1985)” insert “or any fire and rescue authority under the Fire and Rescue Services Act 2004”.

Article 72Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004#

(1)The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 are amended as follows.

(2)In regulation 2(1) (interpretation), after the definition of “fire authority” insert—“• “fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004;”

(3)In regulation 6 (application to armed forces)—

(a)in paragraph (2)(a)(ii)(bb)—

(i)omit the words “England and”;

(ii)for the word “or” at the end, substitute “and”; and

(b)after paragraph (2)(a)(ii)(bb) insert—“cc the fire and rescue authority (as respects England) for each area in which the place selected for training is situated; or”

Contains public sector information licensed under the Open Government Licence v3.0.