Regulation 5 Minimum level of service: emergency incident response

(1)

The level of service, for the purpose of enabling work notices under section 234C of the 1992 Act to be given, in relation to strikes as respects the FRA (England) services which are emergency incident responses is as follows.

(2)

On each day of the strike—

(a)

the relevant percentage of FRA appliances and vehicles, together with the personnel needed to crew those appliances and vehicles, is capable of being deployed,

(b)

national resilience assets, together with the personnel needed to crew those assets, are capable of being deployed as they would be were the strike not taking place on that day,

(c)

FRA appliances and vehicles and national resilience assets are deployed to provide emergency incident responses to the incidents mentioned in regulation 4(2)(b) as they would be were the strike not taking place on that day, and

(d)

management, control and direction of the services mentioned in sub-paragraphs (a) to (c) are provided as they would be were the strike not taking place on that day.

(3)

In paragraph (2)—

“FRA appliances and vehicles” means appliances and vehicles secured by an English FRA for the purpose of discharging its functions under the FRS 2004;
“national resilience assets” means assets provided to an English FRA for the purpose of discharging national resilience functions;
“the relevant percentage of FRA appliances and vehicles”, in relation to an English FRA, means 73% of the FRA appliances and vehicles that would be capable of being deployed by the English FRA at a particular time of day if a strike were not taking place at that time on that day.