The Fire and Rescue Services (Northern Ireland) Order 2006

Statutory Instruments

2006 No. 1254 (N.I.9)

NORTHERN IRELAND

The Fire and Rescue Services (Northern Ireland) Order 2006

Made

24th May 2006

Coming into operation in accordance with Article 1(2) and (3)

At the Court at Buckingham Palace, the 24th day of May 2006

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Fire and Rescue Services (Northern Ireland) Order 2006.

(2) This Article and Article 2 shall come into operation on the expiration of seven days from the day on which this Order is made.

(3) The remaining provisions of this Order shall come into operation on such day or days as the Department may by order appoint.

Subordinate Legislation Made

P1 Art. 1(3) power partly exercised: 1.7.2006 appointed for specified provisions by S.R. 2006/257, art. 2

Art. 1(3) power partly exercised: 15.11.2010 appointed for the provisions which are not already in operation by S.R. 2010/328, art. 2

Interpretation: general N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order–

“the appointed day” means the day appointed under Article 1(3) for the coming into operation of Article 3;

“the Board” has the meaning given by Article 3(1);

“the Department” means the Department of Health, Social Services and Public Safety;

“equipment” includes uniform and any article of apparel properly used by a fire and rescue officer in the execution of his duty;

“extinguishing”, in relation to a fire, includes containing and controlling;

“fire and rescue officer” means a person employed, trained and equipped as such by the Board for the purpose of carrying out any of the functions conferred on the Board by virtue of this Order or any other statutory provision;

“offshore installation” means any installation which is intended for underwater exploitation of mineral resources or exploration with a view to such exploitation;

“prescribed” means prescribed by regulations made by the Department;

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

(3) For the purposes of this Order, section 24 of the Interpretation Act (Northern Ireland) 1954 (c. 33) (service of documents by post) applies with the omission from subsection (1) of the word “registering”.

PART II N.I. FIRE AND RESCUE SERVICES

CHAPTER I N.I. THE NORTHERN IRELAND FIRE AND RESCUE SERVICE BOARD

The Northern Ireland Fire and Rescue Service Board N.I.

3.—(1) There shall be a body corporate to be known as the Northern Ireland Fire and Rescue Service Board (in this Order referred to as “ the Board”).

(2) The Board shall be the fire and rescue authority for Northern Ireland.

(3) Schedule 1 (which makes further provision about the Board) shall have effect.

(4) The Fire Authority for Northern Ireland is hereby dissolved.

(5) Schedule 2 (which contains provisions for the transfer of the functions, assets, liabilities and staff of the Fire Authority for Northern Ireland to the Board and other supplementary provisions) shall have effect.

CHAPTER II N.I. CORE FIRE AND RESCUE FUNCTIONS

Fire safety N.I.

4.—(1) The Board shall make provision for the purpose of promoting fire safety.

(2) In making provision under paragraph (1) the Board shall in particular, to the extent that it considers it reasonable to do so, make arrangements for–

(a) the provision of information, publicity and encouragement in respect of the steps to be taken to prevent fires and death or injury by fire; and

(b) the giving of advice, on request, about–

(i) how to prevent fires and restrict their spread in buildings and other property; and

(ii) the means of escape from buildings and other property in the event of fire.

Fire-fighting N.I.

5.—(1) The Board shall make provision for the purpose of–

(a) extinguishing fires; and

(b) protecting life and property in the event of fires.

(2) In making provision under paragraph (1) the Board shall in particular–

(a) secure the provision of personnel, services and equipment;

(b) secure the provision of training for personnel;

(c) make arrangements for dealing with calls for help and for summoning personnel;

(d) make arrangements for obtaining information required or likely to be required for the purpose mentioned in paragraph (1); and

(e) make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose mentioned in paragraph (1).

Road traffic accidents N.I.

6.—(1) The Board shall make provision for the purpose of–

(a) rescuing persons in the event of road traffic accidents; and

(b) protecting persons from serious harm, to the extent that it considers it reasonable to do so, in the event of road traffic accidents.

(2) In making provision under paragraph (1) the Board shall in particular–

(a) secure the provision of personnel, services and equipment;

(b) secure the provision of training for personnel;

(c) make arrangements for dealing with calls for help and for summoning personnel;

(d) make arrangements for obtaining information required or likely to be required for the purpose mentioned in paragraph (1); and

(e) make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose mentioned in paragraph (1).

Emergencies N.I.

7.—(1) The Department may by order confer on the Board functions relating to emergencies, other than fires and road traffic accidents in relation to which the Board has functions under Article 5 or 6.

(2) An order under this Article may make provision as to what the Board shall or may do for the purpose of a function conferred under this Article, and may in particular require or authorise the Board–

(a) to secure the provision of personnel, services and equipment;

(b) to secure the provision of training for personnel;

(c) to make arrangements for dealing with calls for help and for summoning personnel;

(d) to make arrangements for obtaining information required or likely to be required for the purpose of carrying out the function; and

(e) to make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from carrying out the function.

(3) Before making an order under this Article the Department shall consult the Board and any other persons it considers appropriate.

CHAPTER III N.I. OTHER FUNCTIONS

Power to respond to other eventualities N.I.

8.—(1) The Board may take any action it considers appropriate–

(a) in response to an event or situation of a kind mentioned in paragraph (2); or

(b) for the purpose of enabling action to be taken in response to such an event or situation.

(2) The event or situation is one that causes or is likely to cause–

(a) a person to die, be injured or become ill; or

(b) harm to the environment (including the life and health of plants and animals and the fabric of buildings).

(3) The power conferred by paragraph (1) includes power to secure the provision of equipment.

Powers of Board in relation to external matters N.I.

9.—(1) The Board may liaise, co-operate and enter into arrangements with relevant persons outside Northern Ireland.

(2) In paragraph (1), “relevant persons” means persons carrying out functions which correspond to any of those of the Board or the Department under this Order.

General powers of the Board N.I.

10.  The Board may–

(a) provide such accommodation for its employees as it considers appropriate to enable it to carry out its functions under this Order;

(b) pay to any persons who render services in connection with the carrying out of functions under this Order such rewards as it thinks fit, which in the case of a fire and rescue officer may be in addition to the remuneration of any such officer; and

(c) use fire and rescue officers or any fire engine, appliance or equipment for such purposes as it considers appropriate.

Acquisition and disposal of land by the Board N.I.

11.—(1) The Board may acquire, hold and dispose of land for the purpose of carrying out its functions under this Order.

(2) The power of the Board to acquire land includes power to acquire it compulsorily in accordance with paragraphs (3) and (4).

(3) Where the Board proposes to acquire land compulsorily, it may apply to the Department for an order (“a vesting order”) vesting such land in the Board and, subject to paragraph (4), the Department shall have power to make such a vesting order.

(4) Schedule 6 to the Local Government Act (Northern Ireland) 1972 (c. 9) shall apply for the purposes of the acquisition of land by means of a vesting order made under paragraph (3) in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act subject to the following modifications–

(a) for any reference to the council there shall be substituted a reference to the Board;

(b) for any reference to the Department concerned there shall be substituted a reference to the Department;

(c) for any reference to that Act there shall be substituted a reference to this Order;

(d) in paragraph 6(2) for the words from “the fund” onwards there shall be substituted “ funds of the Board (in this Schedule referred to as ”the compensation fund “), and shall be discharged by payments out of the compensation fund.”; and

(e) in paragraph 12(2) for “the clerk of the council” there shall be substituted “ such person as may be designated for the purposes of this Schedule by the Board ”.

Arrangements with others for assistance N.I.

12.—(1) Subject to paragraph (2), the Board may enter into arrangements with a person for securing the provision by that person of assistance for the purpose of the carrying out by the Board of a function conferred on it under Articles 4 to 8 or 33.

(2) The Board may only enter into arrangements with a person under paragraph (1) for the securing of assistance for the purpose of extinguishing fires if the person employs fire-fighters.

(3) Arrangements under this Article may include provision as to the terms on which assistance is to be provided (including provision as to payment).

Arrangements for carrying out of functions by others N.I.

13.—(1) Subject to paragraph (2), the Board may enter into arrangements with a person for the carrying out to any extent by that person of a function conferred on the Board under Articles 4 to 8 or 33.

(2) The Board may only enter into arrangements with a person under paragraph (1) in relation to its function of extinguishing fires if the person employs fire-fighters.

(3) Arrangements under this Article may include provision as to the terms on which any function is to be carried out (including provision as to payment).

Charging N.I.

14.—(1) The Department may by order authorise the Board to charge a person of a description specified in the order for any action so specified taken by the Board.

(2) An order under paragraph (1) may authorise charging for extinguishing fires, or protecting life and property in the event of fires, only in respect of fires which are–

(a) outside Northern Ireland; or

(b) at sea.

(3) The power in paragraph (1) includes power to authorise a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by the Board.

(4) The power in paragraph (1) includes power to specify that, in setting the amount of a charge, the Board shall secure that, taking one financial year with another, the Board's income from charges does not exceed the cost to the Board of taking the action for which the charges are imposed.

(5) If the Board is authorised by an order under paragraph (1) to charge for taking action of a particular description and the Board decides to do so, then subject to paragraph (4)–

(a) the amount of the charge is to be set by the Board; and

(b) the Board may charge different amounts in different circumstances (and may charge nothing).

(6) Before making an order under this Article the Department shall consult the Board and any other persons it considers appropriate.

CHAPTER IV N.I. WATER SUPPLIES, ETC.

Supply and use of water N.I.

Duty to secure water supply N.I.

15.—(1) The Board shall take all reasonable measures for securing that an adequate supply of water will be available for the Board's use for the purposes specified in paragraph (2).

(2) The purposes referred to in paragraph (1) are–

(a) extinguishing fires;

(b) protecting life and property in the event of fires;

(c) rescuing persons in the event of road traffic accidents;

(d) protecting persons from serious harm in the event of road traffic accidents;

(e) carrying out any function conferred on the Board by an order under Article 7; and

(f) complying with any directions given to the Board under Article 56.

Use of water N.I.

16.—(1) The Board may use any convenient or suitable supply of water for the purposes specified in Article 15(2).

(2) Subject to [F1 —

(a) an agreement under Article 16A; and

(b) Article 207 of the Water and Sewerage Services (Northern Ireland) Order 2006,]

, the Board shall pay reasonable compensation for water used by virtue of paragraph (1).

Textual Amendments

F1 Words in art. 16(2) substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 49(1) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

[F2 Supply of water by water undertakers N.I.

16A.— (1) The Board may enter into an agreement with a water undertaker for the purposes of Article 15.

(2) An agreement under paragraph (1) may include terms as to payment to be made to the undertaker, subject to Article 207 of the Water and Sewerage Services (Northern Ireland) Order 2006.

(3) A water undertaker shall enter into any agreement reasonably proposed by the Board under paragraph (1).

(4) An obligation of a water undertaker under an agreement under paragraph (1), or under paragraph (3), is enforceable by the Department for Regional Development under Article 30 of the Water and Sewerage Services (Northern Ireland) Order 2006.

Textual Amendments

F2 Arts. 16A, 16B inserted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 49(2) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

Emergency supply by water undertakers N.I.

16B.— (1) If the Board requests a water undertaker to provide a supply and pressure of water for the purposes of extinguishing a fire that is greater than the undertaker would otherwise provide, the undertaker shall take all necessary steps in order to do so.

(2) For the purposes of complying with its obligation under paragraph (1) a water undertaker may shut off the water from the mains and pipes in any area.

(3) No authority or person shall be liable to any penalty or claim arising because of anything done by a water undertaker in complying with its obligation under paragraph (1).

(4) A water undertaker commits an offence if, without reasonable excuse, it fails to take any step which it is obliged to take under paragraph (1).

(5) A water undertaker guilty of an offence under paragraph (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Textual Amendments

F2 Arts. 16A, 16B inserted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 49(2) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

Fire hydrants N.I.

Fire hydrants N.I.

[F3 17.— (1) A water undertaker shall cause the location of every fire hydrant provided by it to be clearly indicated by a notice or distinguishing mark.

(2) A water undertaker may place such a notice or mark on a wall or fence adjoining a road or public place.

(3) The expenses incurred by a water undertaker under paragraph (1) in relation to a fire hydrant shall be borne by the Board.

(4) The Department may make regulations providing for uniformity in fire hydrants provided by water undertakers and in notices or marks indicating their location.

(5) An obligation of a water undertaker under paragraph (1), or regulations under paragraph (4), shall be enforceable by the Department for Regional Development under Article 30 of the Water and Sewerage Services (Northern Ireland) Order 2006.

(6) A person commits an offence if he uses a fire hydrant otherwise than—

(a) for the purposes of extinguishing fires; or

(b) for any other purpose specified in Article 15(2); or

(c) for any purpose authorised by the water undertaker or other person to whom the hydrant belongs.

(7) A person commits an offence if he damages or obstructs a fire hydrant, otherwise than in consequence of use for the purposes mentioned in paragraph (6).

(8) A person guilty of an offence under paragraph (6) or (7) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Textual Amendments

F3 Arts. 17, 17A substituted for art. 17 (1.1.2007 for art. 17 for certain purposes, otherwise 1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3)(e), 308(1), Sch. 12 para. 49(3) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

[F4 Notice of works affecting water supply and fire hydrants N.I.

17A.— (1) A person who proposes to carry out works for the purpose of supplying water shall give at least 6 weeks' notice in writing to the Board.

(2) A person who proposes to carry out works affecting a fire hydrant shall give at least 7 days' notice in writing to the Board.

(3) If it is not practicable for a person to give notice as required by paragraph (1) or (2), he shall be regarded as having given the notice required by that paragraph if he gives it as soon as practicable.

(4) A person commits an offence if, without reasonable excuse, he fails to give notice as required by paragraph (1) or (2).

(5) A person guilty of an offence under paragraph (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Textual Amendments

F4 Arts. 17, 17A substituted for art. 17 (1.1.2007 for art. 17 for certain purposes, otherwise 1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3)(e), 308(1), Sch. 12 para. 49(3) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

CHAPTER V N.I. POWERS OF FIRE AND RESCUE OFFICERS

Powers in the event of emergency, etc. N.I.

Powers of fire and rescue officers in an emergency, etc. N.I.

18.—(1) A fire and rescue officer being on duty, may do anything he reasonably believes to be necessary–

(a) if he reasonably believes a fire to have broken out or to be about to break out, for the purpose of extinguishing or preventing the fire or protecting life or property;

(b) if he reasonably believes a road traffic accident to have occurred, for the purpose of rescuing persons or protecting them from serious harm;

(c) if he reasonably believes an emergency of another kind to have occurred, for the purpose of carrying out any function conferred on the Board in relation to the emergency; and

(d) for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in sub-paragraph (a), (b) or (c).

(2) In particular, a fire and rescue officer may under paragraph (1)–

(a) enter premises, by force if necessary, without the consent of the owner or occupier of the premises;

(b) move or break into a vehicle without the consent of its owner;

(c) close a road;

(d) stop and regulate traffic; and

(e) restrict the access of persons to premises.

Obtaining information N.I.

Powers of authorised officers in relation to obtaining information N.I.

19.—(1) Subject to paragraph (3), an authorised officer may at any reasonable time enter premises for the purpose of obtaining information needed for the carrying out of the Board's functions under Article 5, 6 or 7.

(2) In this Article and Articles 20 to 22, “authorised officer” means a fire and rescue officer who is authorised in writing by the Chief Fire and Rescue Officer for the purposes of this Article and Article 20.

(3) An authorised officer may not under paragraph (1)–

(a) enter premises by force; or

(b) demand admission to premises occupied as a private dwelling unless 24 hours' notice in writing has first been given to the occupier of the dwelling.

(4) If, on the application of an authorised officer, a lay magistrate is satisfied–

(a) that–

(i) it is necessary for the officer to enter premises for the purposes of paragraph (1); and

(ii) the officer is unable to do so, or is likely to be unable to do so, otherwise than by force,

he may issue a warrant authorising the officer to enter the premises by force at any reasonable time; or

(b) that it is necessary for the officer to enter premises for the purposes of paragraph (1) without giving notice as required by paragraph (3)(b), he may issue a warrant authorising the officer to enter the premises at any time (by force if necessary).

(5) If an authorised officer exercises a power of entry by virtue of this Article, he may–

(a) take onto the premises any other persons, and any equipment, that he considers necessary; and

(b) require a person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request.

(6) An authorised officer exercising a power of entry by virtue of this Article shall, if so required, produce evidence of his authorisation under paragraph (2), and any warrant under paragraph (4)(a) or (b)–

(a) before entering the premises, or

(b) at any time before leaving the premises.

Powers of authorised officers in relation to investigating fires N.I.

20.—(1) An authorised officer may, at any reasonable time (by force if necessary), enter premises in which there has been a fire for the purpose of investigating–

(a) what caused the fire; or

(b) why it progressed as it did.

(2) If an authorised officer exercises a power of entry by virtue of this Article, he may–

(a) take onto the premises any other persons, and any equipment, that he considers necessary;

(b) inspect and copy any documents or records on the premises or remove them from the premises;

(c) carry out any inspections, measurements and tests in relation to the premises or an article or substance found on the premises, that he considers necessary;

(d) take samples of an article or substance found on the premises (but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation);

(e) dismantle an article found on the premises (but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation);

(f) take possession of an article or substance found on the premises and retain it for as long as is necessary for the purpose of–

(i) examining it and doing anything he has power to do under sub-paragraph (c) or (e);

(ii) ensuring that it is not tampered with before his examination of it is completed; or

(iii) ensuring that it is available for use as evidence in proceedings for an offence relevant to the investigation; and

(g) require a person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request.

(3) An authorised officer exercising a power of entry by virtue of this Article shall, if so required, produce evidence of his authorisation under Article 19(2)–

(a) before entering the premises; or

(b) at any time before leaving the premises.

(4) If an authorised officer exercises the power in paragraph (2)(d), he shall–

(a) leave a notice at the premises with a responsible person (or, if that is impracticable, fix the notice in a prominent position at the premises) giving particulars of the article or substance and stating that he has taken a sample of it; and

(b) if it is practicable to do so, give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.

(5) If an authorised officer exercises the power in paragraph (2)(f), he shall leave a notice at the premises with a responsible person (or, if that is impracticable, fix the notice in a prominent position at the premises) giving particulars of the article or substance and stating that he has taken possession of it.

Exercise of powers under Articles 19 and 20: securing of premises N.I.

21.  An authorised officer who, by virtue of Article 19 or 20, enters premises–

(a) which are unoccupied; or

(b) from which the occupier is temporarily absent,

shall on departure ensure that all reasonable measures have been taken to leave the premises as effectively secured against unauthorised entry as he found them.

Articles 18 to 21: offences N.I.

22.—(1) If, without reasonable excuse, a person fails to comply with any requirement under Article 19(5)(b) or 20(2)(g), he shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) If a person falsely pretends to be a fire and rescue officer or an authorised officer he shall be guilty of an offence.

(4) A person guilty of an offence under paragraph (3) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

CHAPTER VI N.I. MISCELLANEOUS

False alarms N.I.

23.—(1) A person who knowingly gives or causes to be given to a person acting on behalf of the Board a false alarm of–

(a) fire;

(b) a road traffic accident; or

(c) an emergency of another kind,

shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall be liable on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

Interpretation of Part II N.I.

24.  In this Part–

“emergency” means an event or situation that causes or is likely to cause–

(a)

a person to die, be seriously injured or become seriously ill, or

(b)

serious harm to the environment (including the life and health of plants and animals and the fabric of buildings);

“premises” includes any place and, in particular includes–

(a)

any vehicle, ship or aircraft,

(b)

any installation on land, any offshore installation and any other installation, and

(c)

any tent or movable structure;

“road” has the meaning given by Article 2(2) of the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2);

“ship” includes every description of vessel used in navigation.

Yn ddilys o 15/11/2010

PART III N.I. FIRE SAFETY

CHAPTER I N.I. FIRE SAFETY DUTIES

Duties N.I.

Duties of employers to employees N.I.

25.—(1) Each employer shall ensure, so far as is reasonably practicable, the safety of his employees in respect of harm caused by fire in the workplace.

(2) Each employer shall–

(a) carry out an assessment of the workplace for the purpose of identifying any risks to the safety of his employees in respect of harm caused by fire in the workplace; and

(b) take in relation to the workplace such of the fire safety measures as are necessary to enable him to comply with the duty imposed by paragraph (1).

(3) Where under paragraph (2)(a) an employer carries out an assessment, he shall–

(a) in accordance with regulations under Article 29, review the assessment; and

(b) take in relation to the workplace such of the fire safety measures as are necessary to enable him to comply with the duty imposed by paragraph (1).

Duties in relation to relevant premises N.I.

26.—(1) Where a person has control to any extent of relevant premises he shall, to that extent, comply with paragraph (2).

(2) The person shall–

(a) carry out an assessment of the relevant premises for the purpose of identifying any risks to the safety of relevant persons in respect of harm caused by fire in the relevant premises; and

(b) take in relation to the relevant premises such of the fire safety measures as in all the circumstances it is reasonable for a person in his position to take to ensure the safety of relevant persons in respect of harm caused by fire in the relevant premises.

(3) If a person falls within paragraph (1) other than by virtue of–

(a) having control to any extent of relevant premises in connection with the carrying on by the person (whether for profit or not) of an undertaking; or

(b) owning relevant premises,

the owner of the relevant premises shall also comply with paragraph (2).

(4) A person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to–

(a) the maintenance or repair of–

(i) relevant premises; or

(ii) anything in or on relevant premises; or

(b) safety in respect of harm caused by fire in relevant premises,

shall also comply, to the extent of the obligation, with paragraph (2).

(5) Where under paragraph (2)(a) a person carries out an assessment, he shall–

(a) in accordance with regulations under Article 29, review the assessment; and

(b) take in relation to the relevant premises such of the fire safety measures as in all the circumstances it is reasonable for a person in his position to take to ensure the safety of relevant persons in respect of harm caused by fire in the relevant premises.

Taking of measures under Article 25 or 26: considerations N.I.

27.—(1) Paragraph (2) applies where under Article 25(2)(b) or (3)(b) or 26(2)(b) or (5)(b) a person is required to take any fire safety measures.

(2) The person shall implement the fire safety measures on the basis of the considerations specified in paragraph (3).

(3) The considerations referred to in paragraph (2) are–

(a) avoiding risks;

(b) evaluating risks which cannot be avoided;

(c) combating risks at source;

(d) adapting to technical progress;

(e) replacing the dangerous with the non-dangerous or the less dangerous;

(f) developing a coherent overall fire prevention policy which covers technology, organisation of work and the influence of factors relating to the working environment;

(g) giving collective fire safety protective measures priority over individual measures; and

(h) giving appropriate instructions to employees.

Duties of employees N.I.

28.  Each employee shall while at work–

(a) take reasonable care for the safety in respect of harm caused by fire of himself and any other relevant person who may be affected by his acts or omissions; and

(b) in relation to any requirement imposed by virtue of this Part on his employer, co-operate with his employer in so far as is necessary for the purpose of enabling the employer to comply with the requirement.

Regulations N.I.

Risk assessments: power to make regulations N.I.

29.—(1) The Department may by regulations make provision about the carrying out of assessments and reviews under Articles 25 and 26.

(2) Regulations under paragraph (1) may in particular make provision for or in connection with–

(a) specifying matters which persons shall take into account when carrying out assessments and reviews in relation to substances specified in the regulations;

(b) specifying other matters which persons shall take into account when carrying out assessments and reviews;

(c) requiring persons to carry out assessments and reviews before employing persons of a description so specified;

(d) requiring persons in such circumstances as may be so specified to keep records of such information as may be so specified; and

(e) specifying circumstances in which reviews shall be carried out.

Fire safety: power to make regulations N.I.

30.—(1) The Department may by regulations make provision about fire safety in relevant premises.

(2) Regulations under paragraph (1) may in particular make provision for or in connection with–

(a) precautions which shall be taken or observed;

(b) imposing requirements on persons (including requirements about the enforcement of any provision included in the regulations);

(c) the provision, maintenance and keeping free from obstruction of any means of escape in case of fire;

(d) the provision and maintenance of means for securing that any means of escape can be safely and effectively used at all material times;

(e) the provision and maintenance of means for extinguishing fire and means for giving warning in the event of fire;

(f) the internal construction of premises and the materials used in that construction;

(g) prohibiting the presence or use in relevant premises of equipment of a description specified in the regulations, or prohibiting its presence or use unless standards, or conditions, so specified are complied with;

(h) where relevant premises form part of a building, enabling arrangements to be entered into with owners or occupiers of other parts of the building for the purpose of enabling persons who are subject to duties imposed by virtue of this Part to comply with them;

(i) securing that employees receive appropriate instruction or training in what to do in the event of fire;

(j) securing that, in circumstances so specified, numbers of attendants so specified are stationed in parts of the relevant premises so specified;

(k) the keeping of records of instruction or training given, or other things done, in pursuance of the regulations; and

(l) the giving of assistance or information by any person concerned in the enforcement of requirements imposed by virtue of this Part to any other person so concerned for the purposes of any such requirement.

Power to make further provision for protection of fire and rescue officers, etc. N.I.

31.—(1) This Article applies where regulations under Article 30(1) make provision for or in connection with the maintenance of premises, facilities or equipment with a view to securing the safety of fire and rescue officers or other fire-fighters in the event of a fire in relevant premises (“safeguarding provision”).

(2) The Department may by regulations apply, subject to any modifications (specified in the regulations) that it considers necessary, the safeguarding provision to common areas of private dwellings.

(3) In paragraph (2), “common area” includes, where a stair, passage, garden, yard, garage, outhouse or other appurtenance of a private dwelling is used in common by the occupants of more than one private dwelling, that stair, passage, garden, yard, garage, outhouse or other appurtenance.

Special case N.I.

Special case: temporary suspension of fire safety duties N.I.

32.—(1) If in relation to any relevant premises the application of any of the fire safety duties would prevent a person who falls within paragraph (2) from carrying out his operational duties, the fire safety duties in question shall be deemed not to apply in relation to those relevant premises during the period when he is carrying out his operational duties.

(2) A person falls within this paragraph if he is–

(a) a member of the armed forces of the Crown or of a visiting force;

(b) a constable;

(c) a member of any emergency service; or

(d) of such other description as may be prescribed.

(3) A person subject to the fire safety duties which, by virtue of paragraph (1) are deemed not to apply in relation to relevant premises shall, during the period mentioned in that paragraph, ensure so far as is possible the safety of relevant persons in the event of fire in those premises.

(4) For the purposes of this Article, “operational duties”, in relation to a person falling within paragraph (2), means anything done–

(a) while the person is at work in the capacity in which he falls within that paragraph; and

(b) which the person is required to do by virtue of being at work in that capacity.

Modifications etc. (not altering text)

C1 Art. 32(1) modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(b)

C2 Art. 32(3) modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(b)

CHAPTER II N.I. ENFORCEMENT

Functions of the Board N.I.

33.—(1) The Board shall enforce the fire safety duties.

(2) In carrying out the duty imposed by paragraph (1), the Board shall have regard to any guidance given by the Department.

(3) The Chief Fire and Rescue Officer may authorise in writing fire and rescue officers to act for the purpose of carrying out the duty imposed by paragraph (1).

(4) The Board may make arrangements with the Health and Safety Executive for Northern Ireland for such of the functions conferred on the Board by virtue of this Part as may be specified in the arrangements to be carried out (with or without payment) on its behalf by the Executive in relation to a workplace so specified.

(5) The Board may make arrangements with a prescribed person for such of the functions conferred on the Board by virtue of this Part as may be specified in the arrangements to be carried out (with or without payment) on its behalf by the person in relation to a workplace so specified.

Modifications etc. (not altering text)

C3 Art. 33(1) modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(b)

Powers of authorised officers N.I.

34.—(1) An authorised officer may do anything necessary for the purpose mentioned in Article 33(3).

(2) An authorised officer may in particular under paragraph (1)–

(a) at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time), enter relevant premises and inspect the whole or part of the relevant premises and anything in them;

(b) take onto the relevant premises any other persons, and any equipment, that he considers necessary;

(c) require a person on the relevant premises who is subject to any of the fire safety duties to provide him with any–

(i) facilities, information, documents or records; or

(ii) other assistance,

which relate to those duties and which he may reasonably request;

(d) inspect and copy any documents or records on the relevant premises or remove them from the relevant premises;

(e) carry out any inspections, measurements and tests in relation to the relevant premises or an article or substance found on the relevant premises, that he considers necessary;

(f) take samples of an article or substance found on the relevant premises for the purpose of ascertaining its fire resistance or flammability;

(g) if an article found on the relevant premises appears to him to have caused or to be likely to cause danger to the safety of a relevant person in the event of fire, dismantle the article (but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the inspection); and

(h) take possession of an article or substance found in the relevant premises and retain it for as long as is necessary for the purpose of–

(i) examining it and doing anything he has power to do under sub-paragraph (e) or (g);

(ii) ensuring that it is not tampered with before his examination of it is completed; and

(iii) ensuring that it is available for use as evidence in proceedings for an offence relevant to the inspection.

(3) An authorised officer exercising the power in paragraph (2)(a) shall, if so required, produce evidence of his authorisation under Article 33(3)–

(a) before entering the premises; or

(b) at any time before leaving the premises.

(4) If an authorised officer exercises the power in paragraph (2)(f), he shall–

(a) leave a notice at the relevant premises with a person who is subject to any of the fire safety duties in relation to the relevant premises (or, if that is impracticable, fix the notice in a prominent position at the relevant premises) giving particulars of the article or substance and stating that he has taken a sample of it; and

(b) if it is practicable to do so, give such a person at the relevant premises a portion of the sample marked in a manner sufficient to identify it.

(5) Before exercising the power in paragraph (2)(g), an authorised officer shall consult such persons as appear to him to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.

(6) If requested to do so by a person present in the relevant premises who is subject to any of the fire safety duties in relation to the relevant premises, an authorised officer shall cause–

(a) anything which the officer proposes to do on the relevant premises under the power in sub-paragraph (d) or (e) of paragraph (2); or

(b) anything which the officer proposes to do under the power in sub-paragraph (g) of that paragraph,

to be done in the presence of that person.

(7) If an authorised officer exercises the power in paragraph (2)(h), he shall leave a notice at the relevant premises with a person who is subject to any of the fire safety duties in relation to the relevant premises (or, if that is impracticable, fix the notice in a prominent position at the relevant premises) giving particulars of the article or substance and stating that he has taken possession of it.

Modifications etc. (not altering text)

C4 Art. 34 modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(a)

C5 Art. 34(2)(c) modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(b)

C6 Art. 34(4)(a) modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(b)

C7 Art. 34(6) modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(b)

C8 Art. 34(7) modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(b)

Exercise of powers under Article 34: securing of premises N.I.

35.  An authorised officer who, by virtue of Article 34, enters relevant premises–

(a) which are unoccupied; or

(b) from which the occupier is temporarily absent,

shall on departure ensure that all reasonable measures have been taken to leave the relevant premises as effectively secured against unauthorised entry as he found them.

Prohibition notices N.I.

36.—(1) Where paragraph (2) applies in relation to relevant premises, the Board may serve a prohibition notice on the occupier of the relevant premises.

(2) This paragraph applies where, having regard in particular to anything affecting relevant persons' escape from relevant premises in the event of fire, the Board considers that use of the relevant premises involves or will involve a risk to relevant persons so serious that use of those premises ought to be prohibited or restricted.

(3) A prohibition notice shall–

(a) state that the Board considers that paragraph (2) applies;

(b) specify the matters which the Board considers give rise or, as the case may be, will give rise to the risk;

(c) direct that the use to which the prohibition notice relates is prohibited or restricted to such extent as may be specified in the notice until the matters specified under sub-paragraph (b) have been remedied; and

(d) subject to paragraph (4), specify when the notice shall take effect.

(4) The Board may specify that a notice shall take effect on service of the notice only if the Board considers that, in consequence of the matters specified under paragraph (3)(b), there is or, as the case may be, will be an imminent risk of serious personal injury to relevant persons.

(5) A prohibition notice may include directions as to the steps which will have to be taken to remedy the matters specified in the notice.

(6) Before serving a prohibition notice in relation to a house in multiple occupation, the Board shall, where practicable, notify the Northern Ireland Housing Executive of–

(a) the Board's intention to serve a prohibition notice; and

(b) the use which it is intended to prohibit or, as the case may be, restrict.

(7) Where the Board has served a prohibition notice on the occupier of relevant premises, the Board may, by notice in writing to the occupier, withdraw the prohibition notice.

Enforcement notices N.I.

37.—(1) Where the Board considers that a person has failed to comply with any of the fire safety duties, the Board may serve an enforcement notice on that person.

(2) An enforcement notice shall–

(a) state that the Board considers that the person on whom the notice is served has failed to comply with the fire safety duty specified in the notice;

(b) specify why the Board considers that the person has failed to comply with the duty in question; and

(c) require the person, before the expiry of the period specified in the notice (being a period of at least 28 days), to take the action so specified.

(3) Before serving an enforcement notice including a requirement to make an alteration to relevant premises, the Board shall consult–

(a) the district council for the area in which the premises are situated;

(b) if the premises are used as a place of work, the enforcing authority within the meaning of Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978 (NI 9); and

(c) any other person whose consent to the alteration would be required by virtue of any statutory provision.

(4) Failure to comply with paragraph (3) shall not affect the validity of an enforcement notice.

(5) Where the Board has served an enforcement notice on a person, the Board may–

(a) before the expiry of the period specified in the notice, by notice in writing to the person withdraw the enforcement notice; or

(b) if an appeal against the notice is not pending under Article 40, extend, or further extend, the period specified in the notice.

(6) For the purposes of this Article, “fire safety duties” does not include the duty imposed by Article 28.

Modifications etc. (not altering text)

C9 Art. 37 modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(a)

C10 Art. 37(1) modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(b)

C11 Art. 37(2)(a) modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(b)

C12 Art. 37(6) modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(b)

Alterations notices N.I.

38.—(1) Where paragraph (2) or (3) applies in relation to relevant premises, the Board may serve an alterations notice on the appropriate person.

(2) This paragraph applies where there would be a serious risk to relevant persons in respect of harm caused by fire in the relevant premises.

(3) This paragraph applies where–

(a) paragraph (2) does not apply; but

(b) if any of the changes specified in paragraph (5) were made, it is likely that paragraph (2) would apply.

(4) An alterations notice is a notice requiring the appropriate person where–

(a) it is proposed that a change specified in paragraph (5) be made to the relevant premises; and

(b) if made, the change would constitute a serious risk to relevant persons in respect of harm caused by fire in the relevant premises,

to notify the Board of the change before it is made.

(5) The changes referred to in paragraphs (3) and (4) are–

(a) a change to the relevant premises;

(b) a change to the services, fittings or equipment on the relevant premises;

(c) an increase in the quantities of dangerous substances which are present on the relevant premises; and

(d) a change in any use to which the relevant premises are put.

(6) The Board may include in an alterations notice provision requiring the appropriate person–

(a) to keep records of such information as, by virtue of sub-paragraph (d) of paragraph (2) of Article 29, is specified in regulations under paragraph (1) of that Article;

(b) to keep records of arrangements made, in accordance with regulations under Article 30(1) for the planning, organisation, control, monitoring or review of the fire safety measures; and

(c) if notifying the Board of a proposed change, to give the Board–

(i) a copy of the assessment under Article 25 or, as the case may be, 26; and

(ii) a summary of the changes the appropriate person proposes to make to the fire safety measures.

(7) Where the Board has served an alterations notice on an appropriate person, the Board may, by notice in writing to the appropriate person, withdraw the alterations notice.

(8) In this Article, “appropriate person”, in relation to relevant premises, means a person subject to a requirement under Article 25 or 26 in relation to the relevant premises.

Determination of disputes N.I.

39.—(1) Where–

(a) the Board considers that a person has failed to comply with any of the fire safety duties; and

(b) in relation to the duty in question the person and the Board cannot agree on what (or whether any) action requires to be taken to comply with the duty,

the person and the Board may agree to refer the matter to the Department for determination in accordance with paragraph (2).

(2) On a reference under this Article, the matter shall be determined by the Department or, if the Department thinks fit and the person referred to in paragraph (1) agrees, by a person appointed by the Department.

(3) The Department may by regulations make provision about references and determinations under this Article.

(4) Subject to paragraph (5), where a determination is made by virtue of paragraph (2), the Board may not–

(a) serve an enforcement notice; or

(b) include in such a notice directions,

if the notice or, as the case may be, the directions would conflict with the determination.

(5) Paragraph (4) shall not apply if, after the date of the determination, the risk to relevant persons significantly increases because a change is made to–

(a) the relevant premises; or

(b) the use to which they are put.

Modifications etc. (not altering text)

C13 Art. 39(1)(a) modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(b)

Appeals N.I.

40.—(1) A person to whom paragraph (2) applies may, within 21 days from the date on which a relevant notice is served, appeal to the county court in accordance with county court rules.

(2) This paragraph applies to–

(a) a person on whom a relevant notice is served; and

(b) if the relevant notice is a prohibition notice, a person who in relation to the relevant premises to which the notice relates is subject to the duties imposed by Article 25 or 26.

(3) On an appeal under this Article, the county court may either cancel or affirm the notice, and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.

(4) Where an appeal is brought under this Article against an enforcement notice or an alterations notice, the operation of the notice shall be suspended until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.

(5) Where an appeal is brought under this Article against a prohibition notice, the operation of the notice shall not be suspended unless, on the application of the appellant, the court so directs (and then only from the giving of the direction).

(6) In this Article “relevant notice” means–

(a) a prohibition notice;

(b) an enforcement notice; or

(c) an alterations notice.

CHAPTER III N.I. OFFENCES

Offences N.I.

41.—(1) If–

(a) a person fails to carry out a duty to which he is subject by virtue of–

(i) Article 25;

(ii) Article 26; or

(iii) Article 27; and

(b) the failure to carry out the duty in question puts a relevant person at risk of death, or injury, in the event of fire,

the person shall be guilty of an offence.

(2) If–

(a) an employee fails to carry out a duty to which he is subject by virtue of Article 28; and

(b) the failure to carry out the duty in question puts a relevant person at risk of death, or injury, in the event of fire,

the employee shall be guilty of an offence.

(3) If–

(a) a person fails to comply with a requirement or prohibition to which he is subject by virtue of regulations made under Article 29 or 30; and

(b) the failure to comply with the requirement or prohibition in question puts a relevant person at risk of death, or injury, in the event of fire,

the person shall be guilty of an offence.

(4) It shall be an offence for a person–

(a) to fail, without reasonable excuse, to comply with a requirement imposed by an authorised officer under Article 34(2)(c);

(b) falsely to pretend to be an authorised officer;

(c) to fail to comply with a restriction or prohibition imposed by a prohibition notice;

(d) to fail to comply with a requirement imposed by an enforcement notice or an alterations notice;

(e) to contravene Article 45;

(f) to make in any register, book, notice or other document required by virtue of this Part to be kept, served or given an entry which he knows to be false in a material particular; or

(g) to give any information which he knows to be false in a material particular, or recklessly to give any information which is false in a material particular, where the information is given in purported compliance with a requirement to give information imposed by virtue of this Part.

(5) A person guilty of an offence under paragraph (1), (3) or (4)(c) or (d) shall be liable–

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

(6) A person guilty of an offence under paragraph (2) shall be liable–

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine.

(7) A person guilty of an offence under paragraph (4)(a) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8) A person guilty of an offence under paragraph (4)(b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) A person guilty of an offence under paragraph (4)(e), (f) or (g) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10) Subject to paragraph (11), it shall be a defence for a person charged with an offence under this Article to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(11) Paragraph (10) shall not apply to–

(a) an offence under paragraph (1) in respect of a failure to comply with the duty mentioned in sub-paragraph (a)(i) of that paragraph; or

(b) an offence under paragraph (3) in respect of a failure to comply so far as is reasonably practicable with a requirement or, as the case may be, a prohibition.

(12) In any proceedings for an offence under paragraph (1) in respect of a failure to comply with the duty mentioned in sub-paragraph (a)(i) of that paragraph, the onus of showing that it was not reasonably practicable to do more than was done shall be on the accused.

(13) In any proceedings for an offence under paragraph (3) in respect of a failure to comply with a requirement or prohibition so far as is practicable or so far as is reasonably practicable, the onus of showing that it was not practicable, or (as the case may be) was not reasonably practicable, to do more than was done shall be on the accused.

Offences by bodies corporate and partnerships N.I.

42.—(1) For the purposes of this Part, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words “the liability of whose members is limited” and, where the affairs of a body corporate are managed by its members, applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(2) Where a partnership is guilty of an offence under this Part, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, shall also be guilty of that offence and be liable to be proceeded against and punished accordingly.

Offence due to fault of other person N.I.

43.—(1) Where the commission by any person (“A”) of an offence under this Part is due to the act or default of some other person (“B”), B shall be guilty of the offence.

(2) B may be charged with and convicted of an offence by virtue of paragraph (1) whether or not proceedings are taken against A.

Employee's act or omission not to afford employer defence N.I.

44.  Nothing in this Part shall be construed as affording an employer a defence in any proceedings in pursuance of Article 41 or 42 by reason only of any act or omission of–

(a) an employee of his; or

(b) a person of a prescribed description on whom duties are imposed by virtue of Article 30(1).

CHAPTER IV N.I. MISCELLANEOUS AND GENERAL

Prohibition on charging employees N.I.

45.  No employer shall charge, or permit the charging of, any employee of his in respect of anything done or provided in pursuance of any of the fire safety duties.

Civil liability for breach of statutory duty N.I.

46.—(1) Subject to paragraph (2), nothing in this Part shall be construed as conferring a right of action in any civil proceedings (other than proceedings for recovery of a fine).

(2) Breach of a duty imposed on an employer by virtue of this Part shall, in so far as it causes damage to an employee, confer a right of action on that employee in civil proceedings.

Consequential restriction of application of Part II of Health and Safety at Work (Northern Ireland) Order 1978 N.I.

47.—(1) Part II of the Health and Safety at Work (Northern Ireland) Order 1978 (NI 9) (“ the 1978 Order”) and any regulations and orders made under it shall not apply to relevant premises, in so far as the 1978 Order or any regulations or orders made under it relate to any matter in relation to which requirements are or could be imposed by or under this Order.

(2) Nothing in paragraph (1) affects the operation of Part II of the 1978 Order or any such regulations or orders where an enforcing authority (as defined in Article 2(2) of the 1978 Order) is also enforcing the provisions of this Part.

Suspension of terms and conditions of licences dealing with same matters as this Part N.I.

48.—(1) This Article applies where–

(a) a statutory provision provides for the licensing of premises or a person in respect of premises;

(b) the authority responsible for issuing licences under such a statutory provision is required or authorised to impose terms, conditions or restrictions in connection with the issue of such licences; and

(c) such a licence is required in respect of relevant premises.

(2) A term, condition or restriction imposed in connection with the issue under such a statutory provision of the licence shall be of no effect in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of this Part.

(3) References in this Article to the issue of licences include references to their renewal, transfer or variation.

Crown application, etc. N.I.

49.—(1) The provisions of this Part, and of regulations made under it, shall bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

(2) No contravention by the Crown of any provision of this Part or of any regulations made under it shall make the Crown criminally liable; but the High Court may, on the application of the Health and Safety Executive for Northern Ireland, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Notwithstanding anything in paragraph (2), the provisions of this Part and of regulations made under it shall apply to persons in the public service of the Crown as they apply to other persons.

(4) In relation to relevant premises in respect of which the Crown is subject to any of the fire safety duties, this Part shall have effect with the substitution–

(a) for any reference to an authorised officer, of a reference to a person authorised by the Health and Safety Executive for Northern Ireland; and

(b) for any reference to the Board, of a reference to the Health and Safety Executive for Northern Ireland.

(5) Without prejudice to the generality of paragraph (4)(a), the Health and Safety Executive for Northern Ireland may authorise a fire and rescue officer to inspect and report in connection with the implementation of this Part as applied by this Article, and–

(a) the Executive may enter into arrangements with the Board for that purpose; and

(b) a fire and rescue officer authorised by the Executive under this paragraph shall report to the Executive as to the matters in respect of which he is authorised.

(6) If a person falsely pretends to be a person authorised by the Health and Safety Executive for Northern Ireland for the purposes of paragraph (5), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) In this Article any reference to the Crown includes the Crown in right of Her Majesty's Government in the United Kingdom.

Modifications etc. (not altering text)

C14 Art. 49 modified (15.11.2010) by Fire Safety Regulations (Northern Ireland) 2010 (S.R. 2010/325), reg. 24(3)(a)

CHAPTER V N.I. INTERPRETATION

Meaning of “relevant premises” N.I.

50.—(1) In this Part, “ relevant premises” means any premises other than–

(a) domestic premises;

(b) ships, in respect of the normal ship-board activities of a ship's crew which are carried out solely by the crew under the direction of the master;

(c) mines and offshore installations;

(d) borehole sites to which the Borehole Sites and Operations Regulations (Northern Ireland) 1995 (SR 1995/491) apply;

(e) premises occupied solely for the purposes of the armed forces of the Crown;

(f) premises occupied solely by any visiting force or an international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 (c. 5);

(g) premises which are situated within premises occupied solely for the purposes of the armed forces of the Crown but which are not themselves so occupied; or

(h) if the undertaking carried on in premises is agriculture or forestry, any land other than buildings which is situated away from the undertaking's buildings.

(2) For the purposes of paragraph (1), “premises” includes any place, and, in particular–

(a) any installation on land;

(b) any tent or movable structure; and

(c) vehicles other than–

(i) an aircraft, locomotive, rolling stock, trailer or semi-trailer used as a means of transport;

(ii) a vehicle for which a licence is in force under the Vehicle Excise and Registration Act 1994 (c. 22); or

(iii) a vehicle which is exempt from duty under that Act.

(3) References in this Part to relevant premises include references to a part of relevant premises.

(4) The Department may by regulations modify paragraphs (1), (2) and (6).

(5) Where the Department exercises the power in paragraph (4), it may by regulations make any modifications of this Part in its application, in consequence of the exercise of that power, to relevant premises specified in the regulations under that paragraph that the Department considers necessary or expedient.

(6) For the purposes of paragraph (1)–

“domestic premises” means premises occupied as a private dwelling (including a stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is used in common by the occupants of more than one such dwelling), but does not include a house in multiple occupation;

“mine” has the same meaning as in the Mines Act (Northern Ireland) 1969 (c. 6), but does not include any building on the surface at a mine;

“normal ship-board activities” include the repair of a ship, save repair when carried out in dry dock;

“ship” includes every description of vessel used in navigation.

Meaning of “fire safety measures” N.I.

51.—(1) Subject to paragraph (2), the fire safety measures are–

(a) measures to reduce the risk of–

(i) fire in relevant premises; and

(ii) the risk of the spread of fire there;

(b) measures in relation to the means of escape from relevant premises;

(c) measures for securing that, at all material times, the means of escape from relevant premises can be safely and effectively used;

(d) measures in relation to the means of extinguishing fires in relevant premises;

(e) measures in relation to the means of–

(i) detecting fires in relevant premises; and

(ii) giving warning in the event of fire, or suspected fire, in relevant premises;

(f) measures in relation to the arrangements for action to be taken in the event of fire in relevant premises (including, in particular, measures for the instruction and training of employees and for mitigation of the effects of fire); and

(g) such other measures in relation to relevant premises as may be prescribed.

(2) The measures referred to in paragraph (1) do not include special, technical or organisational measures required to be taken or observed in any workplace in connection with the carrying on of any work process where those measures–

(a) are designed to prevent or reduce the likelihood of fire arising from such a work process or reduce its intensity; and

(b) are required to be taken or observed to ensure compliance with any requirement of the relevant statutory provisions within the meaning given by Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978 (NI 9).

(3) In paragraph (2) “work process” means all aspects of work involving, or in connection with–

(a) the use of plant or machinery; or

(b) the use or storage of any dangerous substance.

Interpretation of Part III N.I.

52.—(1) In this Part–

“authorised officer” means a fire and rescue officer who is authorised in writing by the Chief Fire and Rescue Officer under Article 33;

“employee” has the meaning given by Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978 (NI 9);

“fire safety duties” means–

(a)

the duties imposed by Articles 25, 26, 27 and 28; and

(b)

any duties imposed by regulations made under Article 29 or 30;

“fire safety measures” shall be construed in accordance with Article 51;

“house in multiple occupation” has the meaning given by Article 75 of the Housing (Northern Ireland) Order 1992 (NI 15);

“operational task” means–

(a)

a function such as is mentioned in sub-paragraph (a) or (b) of paragraph (1) of Article 5;

(b)

a function such as is mentioned in sub-paragraph (a) or (b) of paragraph (1) of Article 6; or

(c)

a function such as is mentioned in an order under Article 7(1);

“owner”, in relation to premises, means any person who is for the time being receiving a rack rent of the premises, whether on his own account or as agent or trustee for any other person or who would so receive the same if the premises were let at a rack rent;

“public road” has the meaning given by Article 2(2) of the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2);

“rack rent” has the meaning given by Article 2(2) of the Rates (Northern Ireland) Order 1977 (NI 28);

“relevant person”, in relation to premises, means–

(a)

any person who is, or may be, lawfully in the premises; or

(b)

any person–

(i)

who is, or may be, in the immediate vicinity of the premises; and

(ii)

whose safety would be at risk in the event of fire in the premises;

but does not include a fire and rescue officer who is engaged in the performance of an operational task and, in its application to Article 26, a person such as is mentioned in paragraph (2);

“relevant premises” shall be construed in accordance with Article 50;

“visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952 (c. 67);

“work” and “at work” shall be construed in accordance with Article 2 of the Health and Safety at Work (Northern Ireland) Order 1978 (NI 9);

“workplace”, in relation to an employer and his employees, means any relevant premises which are used for the purposes of an undertaking carried on by the employer and made available to an employee of the employer as a place of work; and includes–

(a)

any part of those premises to which an employee of the employer has access while at work; and

(b)

any relevant premises (other than a public road)–

(i)

which are a means of access to or egress from the place of work; or

(ii)

where facilities are provided for use in connection with the place of work.

(2) The person is, where the person (“the employer”) subject to the requirement to carry out an assessment or a review under Article 26 is also subject to the requirement to carry out an assessment or a review under Article 25, any employee of that employer.

(3) For the purposes of Article 28, references in the definition of “relevant person” in paragraph (1) to premises shall be construed as references to the workplace.

PART IV N.I. FUNCTIONS OF THE DEPARTMENT

Framework document N.I.

53.—(1) The Department shall prepare a document–

(a) setting out priorities and objectives for the Board in connection with the carrying out of its functions; and

(b) containing–

(i) such guidance in connection with the carrying out of any of those functions; and

(ii) such other matters relating to the Board or those functions,

as the Department considers appropriate.

(2) The Department–

(a) shall keep the document prepared under paragraph (1) under review; and

(b) may from time to time revise it.

(3) The Department shall carry out its functions under paragraphs (1) and (2) in the manner and to the extent that appear to it to be best calculated to promote–

(a) public safety;

(b) the economy, efficiency and effectiveness of the Board; and

(c) economy, efficiency and effectiveness in connection with the matters in relation to which the Board has functions.

(4) In preparing the document mentioned in paragraph (1), or any revision of it which appears to the Department to be significant, the Department–

(a) shall consult the Board or persons considered by the Department to represent the Board; and

(b) may consult any other persons the Department considers appropriate.

(5) The Board shall have regard to the document prepared under paragraph (1) in carrying out its functions.

Miscellaneous functions N.I.

54.  The Department may–

(a) for the purpose of promoting fire safety, provide information and give advice; and

(b) where the Department considers it appropriate to do so for public safety purposes, make provision for the storage and maintenance of emergency fire fighting vehicles and associated equipment and such other arrangements as it thinks fit.

Inspectors N.I.

55.—(1) The Department may appoint inspectors for the purpose of obtaining information as to–

(a) the manner in which the Board is carrying out its functions; and

(b) technical matters relating to those functions.

(2) There shall be paid to each such inspector such remuneration as the Department may determine.

(3) An inspector of the Department may attend any meetings of the Board during the transaction of any business arising under any of the provisions of this Order and may take part in the proceedings but may not vote at any such meeting.

Directions to the Board N.I.

56.—(1) The Department may give directions of a general or specific nature to the Board as to the carrying out by the Board of any of its functions.

(2) Before giving any directions to the Board under paragraph (1) the Department shall consult the Board.

(3) It shall be the duty of the Board to comply with any directions given to it under paragraph (1).

(4) Any directions given to the Board by the Department under paragraph (1) may be varied or revoked by any subsequent directions so given.

PART V N.I. SUPPLEMENTARY

Assaults on, and obstruction of, fire and rescue officers, etc. N.I.

57.—(1) Any person who assaults, resists, obstructs or impedes–

(a) a fire and rescue officer in the execution of his duty; or

(b) a person assisting a fire and rescue officer in the execution of his duty,

shall be guilty of an offence.

(2) Any person who assaults, resists, obstructs or impedes–

(a) a person who is providing assistance to the Board under arrangements made by virtue of Article 12; or

(b) a person who is carrying out a function conferred on the Board under arrangements made by virtue of Article 13,

shall be guilty of an offence.

(3) A person guilty of an offence under paragraph (1) or (2) shall be liable–

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

Restriction on disclosure of information N.I.

58.—(1) Subject to paragraph (2), if a person discloses any information obtained by him in the carrying out of any functions conferred by this Order, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Paragraph (1) shall not apply to information which is disclosed–

(a) by a person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000 (c. 36), and the information is not held by the authority on behalf of another person;

(b) for the purposes of any legal proceedings (including an arbitration);

(c) for the purposes of a report of any such proceedings; or

(d) otherwise in the execution of the person's duty.

Prohibition on employment of police N.I.

59.—(1) Subject to paragraph (2), the Board may not employ a member of any police force for the purpose of carrying out any of the functions conferred on the Board by virtue of this Order or any other statutory provision.

(2) Paragraph (1) shall not apply to a member of any police force employed by the Fire Authority for Northern Ireland or by the Board before the coming into operation of this Article.

Preservation of existing pension schemes, etc. N.I.

60.—(1) Notwithstanding the repeal of the Fire Services (Northern Ireland) Order 1984 (NI 11), subject to paragraph (2), Article 10 of that Order and any order made under it shall continue to have effect.

(2) The Department may by order, with the approval of the Department of Finance and Personnel, amend or repeal Article 10 of the Fire Services (Northern Ireland) Order 1984 or amend or revoke any order made under it.

(3) An order under paragraph (2) may be framed so as to have effect as from a date earlier than the making of the order and section 18(2) of the Administrative and Financial Provisions Act (Northern Ireland) 1962 (c. 7) shall not apply to any such order.

(4) Without prejudice to anything contained in paragraphs (1) to (3), where any statutory provision relating to or affecting pensions or other gratuities or allowances is repealed under this Order, that repeal shall not affect any pension, gratuity or allowance granted or the right to which had accrued before the date on which the repeal takes effect.

PART VI N.I. GENERAL

Ancillary provision N.I.

61.—(1) The Department may by order make such incidental, supplementary, consequential, transitory, transitional or saving provisions as it considers appropriate for the purposes of, in consequence of or for giving full effect to this Order or any provision of it.

(2) An order under paragraph (1) may modify any statutory provision or document.

Orders and regulations N.I.

62.—(1) Any orders or regulations made by the Department under this Order may contain such incidental, supplementary, consequential, transitory, transitional or saving provisions as the Department considers appropriate.

(2) Subject to paragraph (3), an order (except an order under Article 1or 60) or regulations under this Order shall be subject to negative resolution.

(3) Regulations under Article 32(2)(d) or 50(4) or (5) or an order under Article 61(1) modifying a statutory provision shall not be made unless a draft of the regulations or order has been laid before and approved by resolution of the Assembly.

(4) Paragraphs (1) and (2) and the Statutory Rules (Northern Ireland) Order 1979 (NI 12) do not apply to a vesting order under Article 11(3).

Minor and consequential amendments and repeals N.I.

63.—(1) Schedule 3, which contains minor amendments and amendments consequential on the provisions of this Order, shall have effect.

(2) The statutory provisions mentioned in the first column of Schedule 4 are repealed to the extent set out in the second column.

M. A. McCullagh.

Deputy Clerk of the Privy Council

SCHEDULES

Article 3.

SCHEDULE 1 N.I. THE NORTHERN IRELAND FIRE AND RESCUE SERVICE BOARD

Status N.I.

1.—(1) The Board shall not be regarded– N.I.

(a) as the servant or agent of the Crown; or

(b) as enjoying any status, privilege or immunity of the Crown.

(2) The property of the Board shall not be regarded as property of, or property held on behalf of, the Crown.

(3) Subject to the provisions of this Order, section 19 of the Interpretation Act (Northern Ireland) 1954 (c. 33) shall apply to the Board.

Constitution N.I.

2.—(1) The Board shall consist of the following members– N.I.

(a) a chairman appointed by the Department;

(b) the Chief Fire and Rescue Officer; and

(c) 10 other members appointed by the Department.

(2) Persons appointed under sub-paragraph (1)(a) or (c) shall be referred to as “non-executive members”.

(3) In the absence of the chairman, the Board may, with the approval of the Department, appoint one of the members mentioned in sub-paragraph (1)(c) as vice-chairman of the Board for such a period, not exceeding the remainder of his term as a non-executive member, as it may specify on appointing him.

(4) Of the members appointed under sub-paragraph (1)(c), 4 shall be members of district councils–

(a) appointed from nominations made by such associations or bodies representative of district councils as appear to the Department to be desirable; or

(b) if the associations or bodies referred to in paragraph (a) fail to make such nominations within a reasonable time, appointed after consultation with such district councils as appear to the Department to be desirable.

(5) In appointing a person to fill a casual vacancy in the non-executive membership of the Board, the Department shall, where the member being replaced was nominated under sub-paragraph (4) or appointed after such consultation as is mentioned in that sub-paragraph, appoint a person in accordance with that sub-paragraph.

Term of office N.I.

3.—(1) Subject to the following provisions of this paragraph, a person shall hold and vacate office as a non-executive member in accordance with the terms of his appointment. N.I.

(2) The non-executive members may not be appointed for a term of more than 4 years at a time, and a person appointed to fill a casual vacancy shall hold office for the remainder of the term of the person in whose place he is appointed.

(3) A person may at any time resign as a non-executive member by notice in writing to the Department.

(4) The Department may remove a person from office as a non-executive member if satisfied that–

(a) he has been convicted of a criminal offence;

(b) he has become bankrupt or made a composition or arrangement with his creditors;

(c) he has failed to comply with the terms of his appointment; or

(d) he is otherwise unable or unfit to carry out his functions.

(5) Where a person ceases to be the Chief Fire and Rescue Officer, he ceases to be a member.

Remuneration and allowances of members N.I.

4.—(1) The Board shall pay to the non-executive members such remuneration and allowances as the Department may determine. N.I.

(2) A determination of the Department under this paragraph requires the approval of the Department of Finance and Personnel.

Staff, etc. N.I.

5.—(1) The Board shall have– N.I.

(a) a Chief Fire and Rescue Officer, with responsibility for securing that the functions of the Board are carried out efficiently and effectively; and

(b) such other employees as the Board may appoint with the approval of the Department as to numbers.

(2) The person who is the Chief Fire Officer employed by the Fire Authority for Northern Ireland immediately before the appointed day shall be appointed by the Department as the first Chief Fire and Rescue Officer.

(3) Every subsequent Chief Fire and Rescue Officer shall be appointed by the non-executive members with the approval of the Department.

6.—(1) The Board shall pay to its employees such remuneration and allowances as it may, with the approval of the Department, determine. N.I.

(2) The Board shall–

(a) pay, or make payments in respect of, such pensions or gratuities to or in respect of its employees or former employees as it may, with the approval of the Department and the Department of Finance and Personnel, determine; and

(b) provide and maintain such schemes (whether contributory or not) as it may determine, with the approval of the Department and the Department of Finance and Personnel, for the payment of pensions or gratuities to or in respect of its employees or former employees.

(3) References in this paragraph to pensions and gratuities include references to pensions or gratuities by way of compensation to or in respect of employees who suffer loss of employment or diminution of emoluments.

Procedure N.I.

7.—(1) The quorum for a meeting of the Board shall be 5. N.I.

(2) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of the votes, the chairman of the meeting shall have a second or casting vote.

(3) If–

(a) the chairman is absent from a meeting and the Board has not appointed a vice-chairman under paragraph 2(3); or

(b) both the chairman and the vice-chairman appointed by the Board under paragraph 2(3) are absent from a meeting,

the members present shall elect one of the non-executive members to act as chairman of the meeting.

(4) Subject to sub-paragraphs (1) to (3), the Board may regulate its own procedure.

Validity of proceedings N.I.

8.  The validity of any proceedings of the Board, or of any of its committees, shall not be affected by– N.I.

(a) any defect in the appointment of the members; or

(b) any vacancy in the office of chairman or vice-chairman or among the other members.

Seal N.I.

9.—(1) The application of the seal of the Board shall be authenticated by the signatures of any two of the persons mentioned in sub-paragraph (2). N.I.

(2) The persons referred to in sub-paragraph (1) are–

(a) the chairman;

(b) the Chief Fire and Rescue Officer;

(c) any other person who has been authorised by the Board (whether generally or specially) to act for that purpose.

Contracts, etc. N.I.

10.  Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board to act for that purpose. N.I.

Evidence N.I.

11.  A document purporting to be– N.I.

(a) duly executed under the seal of the Board, or

(b) signed on behalf of the Board,

shall be received in evidence and, unless the contrary is proved, shall be taken to be so executed or signed.

Admission to meetings, general provisions N.I.

12.  Sections 23 to 27, 31, 48, 123, 126 and 127 of the Local Government Act (Northern Ireland) 1972 (c. 9) shall apply to the Board and its members (and in the case of section 31 of that Act also to its employees) as if in those sections– N.I.

(a) any reference to a council were a reference to the Board; or

(b) any reference to a councillor or officer of the council were a reference to a member of the Board (and in the case of section 31, were a reference to a member or employee of the Board).

Committees N.I.

13.—(1) The Board may– N.I.

(a) constitute committees of such of its members as the Board may appoint; and

(b) delegate to a committee so constituted any of the functions of the Board.

(2) The powers of any committee of the Board shall be exercised, and the proceedings of the committee shall be regulated, in accordance with and subject to directions given by the Board.

Finance N.I.

14.—(1) The Department may make payments to the Board out of money appropriated for this purpose. N.I.

(2) Payments under this paragraph shall be made on such terms and conditions as the Department may, with the approval of the Department of Finance and Personnel, determine.

(3) Subject to sub-paragraph (4), the Board shall pay to the Department all sums received by it in the course of, or in connection with, the carrying out of its functions.

(4) Sub-paragraph (3) shall not apply to such sums, or sums of such description, as the Department may, with the approval of the Department of Finance and Personnel, direct.

(5) Any sums received by the Department under sub-paragraph (3) shall be paid into the Consolidated Fund.

(6) If the Department makes a direction under sub-paragraph (4), sums which are the subject of the direction shall be applied by the Board for the purposes of this Order, subject to such terms and conditions as the Department may determine.

15.—(1) The Board shall– N.I.

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts shall–

(a) be in such form; and

(b) contain such information;

as the Department may, with the approval of the Department of Finance and Personnel, direct.

(3) The Board shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to–

(a) the Department; and

(b) the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General shall–

(a) examine, certify and report on every statement of accounts sent to him by the Board under this paragraph; and

(b) send a copy of his report to the Department.

(5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.

Annual report N.I.

16.—(1) As soon as practicable after the end of each financial year, the Board shall send to the Department a report on the carrying out of its functions during that year. N.I.

(2) The Department shall lay a copy of the report before the Assembly.

The Northern Ireland Assembly Disqualification Act 1975 (c. 25) N.I.

17.  In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) there shall be inserted, at the appropriate place– “ The Northern Ireland Fire and Rescue Service Board ”. N.I.

The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7) N.I.

18.  In Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation) there shall be inserted, at the appropriate place– N.I.

“The Northern Ireland Fire and Rescue Service Board”.

The Freedom of Information Act 2000 (c. 36) N.I.

19.  In Part VII of Schedule 1 to the Freedom of Information Act 2000 (bodies, etc. which are public authorities for the purposes of the Act) there shall be inserted at the appropriate place– “ The Northern Ireland Fire and Rescue Service Board ”. N.I.

Interpretation N.I.

20.  In this Schedule– N.I.

“financial year” means–

(a)

the period beginning with the appointed day and ending on the next following 31st March; and

(b)

any subsequent period of twelve months ending on 31st March;

“member” means a member of the Board;

“non-executive member” has the meaning given by paragraph 2(2).

Article 3.

SCHEDULE 2 N.I. TRANSFER OF FUNCTIONS, ASSETS, LIABILITIES AND STAFF OF FIRE AUTHORITY FOR NORTHERN IRELAND

Interpretation N.I.

1.  In this Schedule “ the Authority” means the Fire Authority for Northern Ireland. N.I.

Transfer of functions N.I.

2.—(1) The functions exercisable by the Authority immediately before the appointed day under any statutory provision, shall as from that day be exercisable by the Board. N.I.

(2) Sub-paragraph (1) applies only to provisions which have continuing effect.

Transfer of assets and liabilities N.I.

3.—(1) All property, rights and liabilities to which the Authority is entitled or subject immediately before the appointed day shall on that day be transferred to, and by virtue of this paragraph vest in, the Board. N.I.

(2) Sub-paragraph (1)–

(a) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that sub-paragraph; but

(b) does not apply to rights and liabilities under a contract of employment (which are dealt with by paragraph 4).

(3) A certificate issued by the Department that any property, rights or liabilities have been transferred to the Board under this paragraph shall be conclusive evidence of the transfer.

Transfer of employed staff N.I.

4.—(1) Subject to sub-paragraphs (2) and (3), this paragraph applies to a person who immediately before the appointed day is employed by the Authority. N.I.

(2) This paragraph does not apply to a person if his contract of employment terminates on the day immediately before the appointed day.

(3) Where a person–

(a) has, prior to the appointed day, entered into a contract of employment with the Authority which is to come into effect on or after that day, and

(b) would, if the contract had come into effect before that day, have been a person to whom this paragraph applies,

he shall be treated as if he were a person to whom this paragraph applies.

(4) A contract of employment between a person to whom this paragraph applies and the Authority shall have effect from the appointed day as if originally made between that person and the Board.

(5) Without prejudice to sub-paragraph (4)–

(a) all the Authority's rights, powers, duties and liabilities under or in connection with the contract of employment are by virtue of this paragraph transferred to the Board on the appointed day; and

(b) anything done before that day by or in relation to the Authority in respect of that contract or the employee is to be treated from that day to have been done by or in relation to the Board.

(6) If a person informs the Authority that he objects to the transfer of his contract of employment under this paragraph–

(a) sub-paragraphs (4) and (5) do not apply in relation to him; and

(b) his contract of employment with the Authority is terminated immediately before the appointed day.

(7) A person is not to be treated for the purposes of the Employment Rights (Northern Ireland) Order 1996 (NI 16) as having been dismissed by the Authority by reason of–

(a) his transfer under this paragraph; or

(b) the termination of his contract of employment under sub-paragraph (6).

(8) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right arises by reason only that, by virtue of this paragraph the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and to his detriment.

References to, and acts, etc. done by, or in relation to, the Authority N.I.

5.—(1) Any reference in any statutory provision or document to the Authority shall, in relation to any time after the appointed day, be construed as a reference to the Board. N.I.

(2) Nothing in this Order affects the validity of anything done by, or in relation to, the Authority before the appointed day.

(3) Anything which before the appointed day was done by or in relation to the Authority shall, if in effect immediately before that day, continue to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to, the Board.

(4) Anything (including any legal proceedings) in the process of being done by or in relation to the Authority immediately before the appointed day may be continued by or in relation to the Board.

Accounts: transitional arrangements N.I.

6.—(1) In this paragraph “ the relevant period” means the period– N.I.

(a) beginning on 1st April 2006; and

(b) ending immediately before the appointed day.

(2) The Board shall–

(a) prepare a statement of accounts for the Authority in respect of the relevant period in such form and containing such information as the Department may direct;

(b) send copies of that statement to the Department and the Comptroller and Auditor General for Northern Ireland within such period after the end of the relevant period as the Department may direct.

(3) The Comptroller and Auditor General shall–

(a) examine, certify and report on the statement of accounts received by him under sub-paragraph (2)(b); and

(b) send a copy of his report to the Department.

(4) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.

Article 63(1)

SCHEDULE 3 N.I. MINOR AND CONSEQUENTIAL AMENDMENTS

The Civil Defence Act (Northern Ireland) 1950 (c. 11) N.I.

1.  In section 9(1) (interpretation), in the definition of “public body”, for the words “the Fire Authority for Northern Ireland” substitute “ the Northern Ireland Fire and Rescue Service Board ”. N.I.

The Factories Act (Northern Ireland) 1965 (c. 20) N.I.

2.  In section 176(1) (general interpretation), in the definition of “fire authority”, for the words “the Fire Authority for Northern Ireland” substitute “ the Northern Ireland Fire and Rescue Service Board ”. N.I.

The Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23) N.I.

3.  In section 43(1) (interpretation), in the definition of “public body”, for the words “the Northern Ireland Fire Authority” substitute “ the Northern Ireland Fire and Rescue Service Board ”. N.I.

The Office and Shop Premises Act (Northern Ireland) 1966 (c. 26) N.I.

4.  In section 76(3) (expenses), for “the Fire Services (Northern Ireland) Order 1984” substitute “ the Fire and Rescue Services (Northern Ireland) Order 2006 ”. N.I.

5.  In section 81(1) (interpretation), in the definition of “fire authority”, for the words “the Fire Authority for Northern Ireland” substitute “ the Northern Ireland Fire and Rescue Service Board ”. N.I.

The Local Government Act (Northern Ireland) 1966 (c. 38) N.I.

6.  In section 12(7) (contracts of the Fire Authority for Northern Ireland) and in the heading to that section, for the words “the Fire Authority for Northern Ireland” substitute “ the Northern Ireland Fire and Rescue Service Board ”. N.I.

The Pensions (Increase) Act (Northern Ireland) 1971 (c. 35) N.I.

7.  In section 12 (fire service pensions)– N.I.

(a) in subsection (1), for the words from “Article 10” to “that Order” substitute “ paragraph 6(2) of Schedule 1 to the Fire and Rescue Services (Northern Ireland) Order 2006 or payable by virtue of Article 60 of that Order ”;

(b) in subsection (2), for “the Fire Services (Northern Ireland) Order 1984” substitute “ the Fire and Rescue Services (Northern Ireland) Order 2006 ”; and

(c) in subsection (4)–

(i) for “Article 10 of the Fire Services (Northern Ireland) Order 1984” substitute “ paragraph 6(2) of Schedule 1 to the Fire and Rescue Services (Northern Ireland) Order 2006 ”; and

(ii) for “paragraph 1(b) of Schedule 4 to the said Order of 1984” substitute “ Article 60 of the said Order of 2006 ”.

8.  For paragraph 16 of Schedule 2 substitute– N.I.

“16.   A pension payable in accordance with any scheme under the Fire and Rescue Services (Northern Ireland) Order 2006 or payable by virtue of Article 60 of that Order.”.

The Water and Sewerage Services (Northern Ireland) Order 1973 (NI 2) N.I.

9.  F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F5 Sch. 3 para. 9 repealed (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(2), Sch. 13 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

The Rates (Northern Ireland) Order 1977 (NI 28) N.I.

10.  In Schedule 13 (hereditaments excluded from exemption), for the words “The Fire Authority for Northern Ireland” substitute “ The Northern Ireland Fire and Rescue Service Board ”. N.I.

The Health and Safety at Work (Northern Ireland) Order 1978 (NI 9) N.I.

11.  In Article 25(5) (provisions supplementary to Articles 23 and 24 of that Order), for the words “the Fire Authority for Northern Ireland” substitute “ the Northern Ireland Fire and Rescue Service Board ”. N.I.

The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19) N.I.

12.  In Article 42(2)(a) (noise in streets), for the words “fire brigade” substitute “ fire and rescue ”. N.I.

13.  In Article 67(5) (bye-laws as to pleasure fairs), for the words “the Fire Authority for Northern Ireland” substitute “ the Northern Ireland Fire and Rescue Service Board ”. N.I.

The Road Traffic (Northern Ireland) Order 1981 (NI 1) N.I.

14.  In Article 31A(7) (approval of design, construction, etc. of motor vehicles), in the definition of “light passenger vehicle”, for the words from “the Fire Authority” to the end substitute “ the Northern Ireland Fire and Rescue Service Board for the purposes of its functions under the Fire and Rescue Services (Northern Ireland) Order 2006. ”. N.I.

The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15) N.I.

15.  In Schedule 1 (licensing places of entertainment)– N.I.

(a) in paragraphs 5(8), 11, 12(3) and 14, for the words “Fire Authority” in each place where they occur substitute “ Fire and Rescue Service Board ”; and

(b) in paragraph 17(a) (interpretation), for the definition of “the Fire Authority” substitute “ “the Fire and Rescue Service Board” means the Northern Ireland Fire and Rescue Service Board; ”.

The Cinemas (Northern Ireland) Order 1991 (NI 12) N.I.

16.  In Article 2(2) (interpretation), for the definition of “the Fire Authority” substitute “ “the Fire and Rescue Service Board” means the Northern Ireland Fire and Rescue Service Board; ”. N.I.

17.  In Articles 5, 9, 10, 15 and 16, for the words “Fire Authority” in each place where they occur substitute “ Fire and Rescue Service Board ”. N.I.

The Housing (Northern Ireland) Order 1992 (NI 15) N.I.

18.  In Schedule 4 (houses in multiple occupation: means of escape from fire), in paragraph 8, for the words “Fire Authority” in the heading and the words “Fire Authority for Northern Ireland” substitute “ Northern Ireland Fire and Rescue Service Board ”. N.I.

Yn ddilys o 15/11/2010

The Environment and Safety Information (Northern Ireland) Order 1993 (NI 14) N.I.

19.  In Schedule 1 (relevant notices and enforcing authorities)– N.I.

(a) for “A notice under Article 33 of the Fire Services (Northern Ireland) Order 1984” substitute “ A notice under Article 36, 37 or 38 of the Fire and Rescue Services (Northern Ireland) Order 2006 ”; and

(b) for “The Fire Authority for Northern Ireland” substitute “ The Northern Ireland Fire and Rescue Service Board. ”.

The Vehicle Excise and Registration Act 1994 (c. 22) N.I.

20.  In Schedule 2 (exempt vehicles)– N.I.

(a) in paragraph 4(2) (fire engines), for paragraph (b) substitute–

“(b) is used solely for purposes in relation to which the Northern Ireland Fire and Rescue Service Board established under the Fire and Rescue Services (Northern Ireland) Order 2006 has functions (whoever uses it for those purposes);” and

(b) in paragraph 5 (other vehicles kept by fire authority)–

(i) for “a fire authority” substitute “ the Northern Ireland Fire and Rescue Service Board ”;

(ii) for “authority's fire brigade service” substitute “ Board's functions ”.

The Merchant Shipping Act 1995 (c. 21) N.I.

21.  In section 135(1) of the Merchant Shipping Act 1995 (restrictions on transfer of oil at night), for “fire brigade” substitute “ the Northern Ireland Fire and Rescue Service Board or other employer of fire-fighters ”. N.I.

The Gas (Northern Ireland) Order 1996 (NI 2) N.I.

22.  In Article 60 (fire authority etc. to be notified of certain pipe-line accidents), in paragraph (1), for the words “the Fire Authority for Northern Ireland”, and in paragraph (2) for the words “the Fire Authority”, substitute “ the Northern Ireland Fire and Rescue Service Board ”. N.I.

The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2) N.I.

23.  In Article 42(1) (exemption for fire engines, etc.) for the words “fire brigade,” substitute “ fire and rescue, ”. N.I.

The Capital Allowances Act 2001 (c. 2) N.I.

24.  F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F6 Sch. 3 para. 24 omitted (21.7.2008) by virtue of Finance Act 2008 (c. 9), s. 72(3)(b)

Yn ddilys o 15/11/2010

The Safety of Sports Grounds (Northern Ireland) Order 2006 N.I.

25.  In Article 2(2) (interpretation), for the definition of “the Fire Authority” substitute “ “the Fire and Rescue Service Board” means the Northern Ireland Fire and Rescue Service Board ”. N.I.

26.  In Article 5 (contents of safety certificates) after paragraph (3) insert– N.I.

“(3A) No condition of a safety certificate shall require a person to contravene any provision of Part III of the Fire and Rescue Services (Northern Ireland) Order 2006 or regulations made under it.”.

27.  In Articles 6 to 10, 15 to 17 and 23, for the words “Fire Authority” in each place where they occur substitute “ Fire and Rescue Service Board ”. N.I.

28.  In Article 7 (amendment etc. of certificates)– N.I.

(a) after paragraph (1) insert–

“(1A) The council shall, if it appears to the council that a safety certificate would require a person to contravene any provision of Part III of the Fire and Rescue Services (Northern Ireland) Order 2006 or regulations made under it, amend the safety certificate by notice to its holder; but nothing in this paragraph shall be taken to require the council to take any action unless it is aware of any such inconsistency between a safety certificate and that Part.”;

(b) in paragraph (4) after “(1)(a)” insert “ or (1A) ”.

29.  After Article 7 insert– N.I.

“Safety certificates: fire safety

7A.   A safety certificate has no effect to the extent that it would require a person to contravene any provision of Part III of the Fire and Rescue Services (Northern Ireland) Order 2006 or regulations made under it.”.

30.  In Article 14 (contents of safety certificates for stands) after paragraph (3) insert– N.I.

“(3A) No condition of a safety certificate shall require a person to contravene any provision of Part III of the Fire and Rescue Services (Northern Ireland) Order 2006 or regulations made under it.”.

31.  In Article 16 (amendment etc. of certificates)– N.I.

(a) after paragraph (1) insert–

“(1A) The council shall, if it appears to the council that a safety certificate would require a person to contravene any provision of Part III of the Fire and Rescue Services (Northern Ireland) Order 2006 or regulations made under it, amend the safety certificate by notice to its holder; but nothing in this paragraph shall be taken to require the council to take any action unless it is aware of such an inconsistency between a safety certificate and that Part.”;

(b) in paragraph (4) after “(1)(b)” insert “ or (1A) ”.

32.  After Article 16 insert– N.I.

“Safety certificates: fire safety

16A.   A safety certificate has no effect to the extent that it would require a person to contravene any provision of Part III of the Fire and Rescue Services (Northern Ireland) Order 2006 or regulations made under it.”.

33.  In Article 21(3) (exclusion of other statutory requirements)– N.I.

(a) omit sub-paragraph (b); and

(b) in sub-paragraph (c) for “those terms and conditions” substitute “ the terms and conditions of the safety certificate ”.

Article 63(2)

SCHEDULE 4 N.I. REPEALS

Commencement Information

I1 Sch. 4 wholly in operation at 15.11.2010; Sch. 4 not in operation at date of making see art. 1(3); Sch. 4 in operation for certain purposes at 1.7.2006 by S.R. 2006/257, art. 2; Sch. 4 in operation at 15.11.2010 in so far as not already in operation by S.R. 2010/328, art. 2

Short Title	Extent of repeal
The Northern Ireland Assembly Disqualification Act 1975 (c. 25).	In Part II of Schedule 1, the entry relating to the Fire Authority for Northern Ireland.
The Fire Services (Northern Ireland) Order 1984 (NI 11).	The whole Order.
The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (NI 11).	In Article 2(2), the definition of “fire certificate”. Article 12(4)(e). In Article 14– (a) in paragraph (4)(b), the words “and (e)”; (b) paragraph (7)(b). Article 18(4)(b). Article 19(2)(c). Article 23(6)(d). Article 26(2)(c). Article 28(1)(f). Article 37(3)(a). In Article 39– (a) in paragraph (2)(b), the words from “and” to the end; (b) in paragraph (4), the words from “and” to the end. Article 63(4)(e). Article 65– (a) in paragraph (4)(b), the words “and (e)”; (b) paragraph (7)(b). Article 67(4)(b). Article 68(2)(d). Article 72(1)(i). Article 111(3)(d). In Article 113– (a) in paragraph (2)(b), the words from “and” to the end; (b) in paragraph (4), the words from “and” to the end. In Article 115, paragraphs (3)(d) and (5)(c). Article 157(3)(c). In Article 159– (a) in paragraph (2)(b), the words from “and” to the end; (b) in paragraph (4), the words from “and” to the end. Article 161(2)(c).
The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15).	In Schedule 1, paragraph 16(b).
The Cinemas (Northern Ireland) Order 1991 (NI 12).	Article 18. Schedule 1.
The Fire Services (Amendment) (Northern Ireland) Order 1993 (NI 7).	The whole Order.
The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7).	In Schedule 2, the entry relating to the Fire Authority for Northern Ireland.
The Fire Services (Amendment) (Northern Ireland) Order 1998 (NI 11).	The whole Order.
The Health and Safety at Work (Amendment) (Northern Ireland) Order 1998 (NI 18).	In Schedule 1, paragraph 21.
The Freedom of Information Act 2000 (c. 36).	In Part VII of Schedule 1, the entry relating to the Fire Authority for Northern Ireland.
F7 . . .	F7 . . .
The Audit and Accountability (Northern Ireland) Order 2003 (NI 5).	In Schedule 1, paragraph 3.
The Safety of Sports Grounds (Northern Ireland) Order 2006 (NI ).	Article 21(3)(b).

Textual Amendments

F7 Sch. 4 entry omitted (21.7.2008) by virtue of Finance Act 2008 (c. 9), s. 72(3)(b)

Explanatory Note

(This note is not part of the Order)

This Order consolidates with amendments the law relating to fire services in Northern Ireland and makes new provision with respect to fire safety.

PART II of the Order establishes the Northern Ireland Fire and Rescue Service Board, and transfers all assets, liabilities etc. of the Fire Authority for Northern Ireland to that Board. It confers core functions and other functions on the Board, makes provision concerning water supplies and confers powers on fire and rescue officers.

Part III replaces the existing fire precautions legislation based on the requirement to obtain a fire certificate, with a new requirement to comply with fire safety duties such as the duty to carry out risk assessments and to take specified fire safety measures. It makes provision for implementing in part Council Directives 89/391/EEC, 89/654/EEC, 91/383/EEC, 94/33/EC, 98/24/EC and 99/92/EC.

PART IV confers functions on the Department of Health, Social Services and Public Safety.