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The Fire and Rescue Services (Northern Ireland) Order 2006

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2006, ISBN 0110800257

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid before Parliament under paragraph 2(1)(a) of the Schedule to the Northern Ireland Act 2000, for approval by resolution of each House of Parliament

NORTHERN IRELAND

Made 2006

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

At the Court at Buckingham Palace, the ** day of ** 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:–

Contents

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation: general
  4. Part II: FIRE AND RESCUE SERVICES
  5. Chapter I: THE NORTHERN IRELAND FIRE AND RESCUE SERVICE BOARD
  6. 3The Northern Ireland Fire and Rescue Service Board
  7. Chapter II: CORE FIRE AND RESCUE FUNCTIONS
  8. 4Fire safety
  9. 5Fire-fighting
  10. 6Road traffic accidents
  11. 7Emergencies
  12. Chapter III: OTHER FUNCTIONS
  13. 8Power to respond to other eventualities
  14. 9Powers of Board in relation to external matters
  15. 10General powers of the Board
  16. 11Acquisition and disposal of land by the Board
  17. 12Arrangements with others for assistance
  18. 13Arrangements for carrying out of functions by others
  19. 14Charging
  20. Chapter IV: WATER SUPPLIES, ETC.
  21. Supply and use of water
  22. 15Duty to secure water supply
  23. 16Use of water
  24. Fire hydrants
  25. 17Fire hydrants
  26. Chapter V: POWERS OF FIRE AND RESCUE OFFICERS
  27. Powers in the event of emergency, etc.
  28. 18Powers of fire and rescue officers in an emergency, etc.
  29. Obtaining information
  30. 19Powers of authorised officers in relation to obtaining information
  31. 20Powers of authorised officers in relation to investigating fires
  32. 21Exercise of powers under Articles 19 and 20: securing of premises
  33. 22Articles 18 to 21: offences
  34. Chapter VI: MISCELLANEOUS
  35. 23False alarms
  36. 24Interpretation of Part II
  37. Part III: FIRE SAFETY
  38. Chapter I: FIRE SAFETY DUTIES
  39. Duties
  40. 25Duties of employers to employees
  41. 26Duties in relation to relevant premises
  42. 27Taking of measures under Article 25 or 26: considerations
  43. 28Duties of employees
  44. Regulations
  45. 29Risk assessments: power to make regulations
  46. 30Fire safety: power to make regulations
  47. 31Power to make further provision for protection of fire and rescue officers, etc.
  48. Special case
  49. 32Special case: temporary suspension of fire safety duties
  50. Chapter II: ENFORCEMENT
  51. 33Functions of the Board
  52. 34Powers of authorised officers
  53. 35Exercise of powers under Article 34: securing of premises
  54. 36Prohibition notices
  55. 37Enforcement notices
  56. 38Alterations notices
  57. 39Determination of disputes
  58. 40Appeals
  59. Chapter III: OFFENCES
  60. 41Offences
  61. 42Offences by bodies corporate and partnerships
  62. 43Offence due to fault of other person
  63. 44Employee’s act or omission not to afford employer defence
  64. Chapter IV: MISCELLANEOUS AND GENERAL
  65. 45Prohibition on charging employees
  66. 46Civil liability for breach of statutory duty
  67. 47Consequential restriction of application of Part II of Health and Safety at Work (Northern Ireland) Order 1978
  68. 48Suspension of terms and conditions of licences dealing with same matters as this Part
  69. 49Crown application, etc.
  70. Chapter V: INTERPRETATION
  71. 50Meaning of “relevant premises”
  72. 51Meaning of “fire safety measures”
  73. 52Interpretation of Part III
  74. Part IV: FUNCTIONS OF THE DEPARTMENT
  75. 53Framework document
  76. 54Miscellaneous functions
  77. 55Inspectors
  78. 56Directions to the Board
  79. Part V: SUPPLEMENTARY
  80. 57Assaults on, and obstruction of, fire and rescue officers, etc.
  81. 58Restriction on disclosure of information
  82. 59Prohibition on employment of police
  83. 60Preservation of existing pension schemes, etc.
  84. Part VI: GENERAL
  85. 61Ancillary provision
  86. 62Orders and regulations
  87. 63Minor and consequential amendments and repeals
  88. Signature
  89. Schedule 1: THE NORTHERN IRELAND FIRE AND RESCUE SERVICE BOARD
  90. Status
  91. 1Paragraph 1
  92. Constitution
  93. 2Paragraph 2
  94. Term of office
  95. 3Paragraph 3
  96. Remuneration and allowances of members
  97. 4Paragraph 4
  98. Staff, etc.
  99. 5Paragraph 5
  100. 6Paragraph 6
  101. Procedure
  102. 7Paragraph 7
  103. Validity of proceedings
  104. 8Paragraph 8
  105. Seal
  106. 9Paragraph 9
  107. Contracts, etc.
  108. 10Paragraph 10
  109. Evidence
  110. 11Paragraph 11
  111. Admission to meetings, general provisions
  112. 12Paragraph 12
  113. Committees
  114. 13Paragraph 13
  115. Finance
  116. 14Paragraph 14
  117. 15Paragraph 15
  118. Annual report
  119. 16Paragraph 16
  120. The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
  121. 17Paragraph 17
  122. The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)
  123. 18Paragraph 18
  124. The Freedom of Information Act 2000 (c. 36)
  125. 19Paragraph 19
  126. Interpretation
  127. 20Paragraph 20
  128. Schedule 2: TRANSFER OF FUNCTIONS, ASSETS, LIABILITIES AND STAFF OF FIRE AUTHORITY FOR NORTHERN IRELAND
  129. Interpretation
  130. 1Paragraph 1
  131. Transfer of functions
  132. 2Paragraph 2
  133. Transfer of assets and liabilities
  134. 3Paragraph 3
  135. Transfer of employed staff
  136. 4Paragraph 4
  137. References to, and acts, etc. done by, or in relation to, the Authority
  138. 5Paragraph 5
  139. Accounts: transitional arrangements
  140. 6Paragraph 6
  141. Schedule 3: MINOR AND CONSEQUENTIAL AMENDMENTS
  142. The Civil Defence Act (Northern Ireland) 1950 (c. 11)
  143. 1Paragraph 1
  144. The Factories Act (Northern Ireland) 1965 (c. 20)
  145. 2Paragraph 2
  146. The Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23)
  147. 3Paragraph 3
  148. The Office and Shop Premises Act (Northern Ireland) 1966 (c. 26)
  149. 4Paragraph 4
  150. 5Paragraph 5
  151. The Local Government Act (Northern Ireland) 1966 (c. 38)
  152. 6Paragraph 6
  153. The Pensions (Increase) Act (Northern Ireland) 1971 (c. 35)
  154. 7Paragraph 7
  155. 8Paragraph 8
  156. The Water and Sewerage Services (Northern Ireland) Order 1973 (NI 2)
  157. 9Paragraph 9
  158. The Rates (Northern Ireland) Order 1977 (NI 28)
  159. 10Paragraph 10
  160. The Health and Safety at Work (Northern Ireland) Order 1978 (NI 9)
  161. 11Paragraph 11
  162. The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)
  163. 12Paragraph 12
  164. 13Paragraph 13
  165. The Road Traffic (Northern Ireland) Order 1981 (NI 1)
  166. 14Paragraph 14
  167. The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)
  168. 15Paragraph 15
  169. The Cinemas (Northern Ireland) Order 1991 (NI 12)
  170. 16Paragraph 16
  171. 17Paragraph 17
  172. The Housing (Northern Ireland) Order 1992 (NI 15)
  173. 18Paragraph 18
  174. The Environment and Safety Information (Northern Ireland) Order 1993 (NI 14)
  175. 19Paragraph 19
  176. The Vehicle Excise and Registration Act 1994 (c. 22)
  177. 20Paragraph 20
  178. The Merchant Shipping Act 1995 (c. 21)
  179. 21Paragraph 21
  180. The Gas (Northern Ireland) Order 1996 (NI 2)
  181. 22Paragraph 22
  182. The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)
  183. 23Paragraph 23
  184. The Capital Allowances Act 2001 (c. 2)
  185. 24Paragraph 24
  186. The Safety of Sports Grounds (Northern Ireland) Order 2006 (NI 2)
  187. 25Paragraph 25
  188. 26Paragraph 26
  189. 27Paragraph 27
  190. 28Paragraph 28
  191. 29Paragraph 29
  192. 30Paragraph 30
  193. 31Paragraph 31
  194. 32Paragraph 32
  195. 33Paragraph 33
  196. Schedule 4REPEALS
  197. Explanatory note