Fire Services Act 2003

3 Supplemental provisions E+W+N.I.

(1) This Act may be cited as the Fire Services Act 2003.

(2) In this Act—

• “conditions of service” includes, in particular, conditions of service relating to pay and allowances, hours of duty or leave;

• [F1 “fire authority” means an authority which is a fire authority within the meaning of the Fire Services Act 1947 (c. 41) (read with paragraph 2 of Schedule 11 to the Local Government Act 1985 (c. 51)); ][F1 “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;]

• [F2 “fire brigade” means a fire brigade maintained under the Fire Services Act 1947;

• “fire brigade member” means any member of a fire brigade (including a member whose employment as such is only temporary);]

• “negotiating body” means a body of persons which—

  (a)

  includes both persons representing the interests of some or all [F3 fire authorities] [F3 fire and rescue authorities] and persons representing the interests of some or all [F4 fire brigade members] [F4 employees of fire and rescue authorities]; and

  (b)

  is constituted in accordance with what appear to the Secretary of State to be appropriate arrangements for the negotiation of the conditions of service of [F4 fire brigade members] [F4 employees of fire and rescue authorities].

(3) [F5 References in this Act to property or facilities belonging to a person include references to—

(a) land occupied by that person; and

(b) equipment or other assets or facilities the use of which is under the control of that person.]

(4) In its application to Northern Ireland, this Act has effect as if—

(a) for references to the Secretary of State there were substituted references to the Department of Health, Social Services and Public Safety;

(b) for references to a [F6 fire authority or fire authorities] [F6 fire and rescue authority or fire and rescue authorities] there were substituted references to the Fire Authority for Northern Ireland;

(c) for references to [F7 a fire brigade there were substituted references to] [F7 employees of a fire and rescue authority there were substituted references to members of] the fire brigade within the meaning of the Fire Services (Northern Ireland) Order 1984 (S.I. 1984/1821 (N.I. 11));

(d) in section 1(1), “made by statutory instrument” were omitted;

(e) [F8 in section 1(2)(b) and (c), “another fire authority or to” were omitted;]

(f) for section 1(7) there were substituted—

“(7) The power to make an order under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(7A) An order under this section that makes provision authorised by subsection (1)(a) shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).”

(5) The powers conferred by this Act are in addition to those conferred by the Fire Services Act 1947 (c. 41), the Fire Services (Northern Ireland) Order 1984 (S.I. 1984/1821 (N.I. 11)) or any other enactment or instrument passed or made before the passing of this Act.

(6) There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums which are payable out of money so provided under any other Act.

(7) This Act extends to England and Wales and Northern Ireland only.

Textual Amendments

F1 Words in s. 3(2) substituted (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(2)(a); S.I. 2004/2304, art. 2

F2 Words in s. 3(2) repealed (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(2)(b), Sch. 2; S.I. 2004/2304, art. 2

F3 Words in s. 3(2) substituted (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(2)(c)(i); S.I. 2004/2304, art. 2

F4 Words in s. 3(2) substituted (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(2)(c)(ii); S.I. 2004/2304, art. 2

F5 S. 3(3) repealed (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(3), Sch. 2; S.I. 2004/2304, art. 2

F6 Words in s. 3(4)(b) substituted (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(4)(a); S.I. 2004/2304, art. 2

F7 Words in s. 3(4)(c) substituted (E.W.) (1.10.2004 except in relation to W.) by virtue of Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(4)(b); S.I. 2004/2304, art. 2

F8 S. 3(4)(e) repealed (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(4)(c), Sch. 2; S.I. 2004/2304, art. 2