The Local Government Changes for England Regulations 1994

Fire Services disciplinary proceedings

19.—(1) In this regulation—

• “disciplinary proceedings” includes an appeal;

• “offence” means an offence against discipline within the meaning of regulations in force under the Fire Services Act 1947(1);

• “member” means any member of a fire brigade who would, except for the provisions of this regulation, be transferred on the reorganisation date pursuant to the order;

• “transferee brigade” means the fire brigade to which a member is transferred; and

• “transferor brigade” means the fire brigade from which a member is transferred.

(2) Where, before the reorganisation date, a report, complaint or other allegation is received from which it appears that a member may have committed an offence, then—

(a) if the transferor brigade continues to exist after the reorganisation date, the chief officer of the transferor brigade may postpone the member’s transfer for the purposes of investigating the matter, or of any disciplinary proceedings;

(b) otherwise, the investigation or disciplinary proceedings may be continued by the transferee brigade as if the alleged offence had been committed while the member was a member of that brigade.

(3) Where paragraph (2)(a) applies, the member shall be transferred on a date to be determined by the chief officer of the transferor brigade after consultation with the chief officer of the transferee brigade, and, notwithstanding any other provision, that date shall be treated for all purposes as the date on which the member was transferred.

(1)

1947 c. 41, as amended.