OpenLegislation

Fire and Rescue Services Act 2004

2004 c. 21 · Enacted 22 July 2004 · Extends to England, Wales and Scotland

Not fully up to date. 6 changes made by later legislation have not yet been written into this text, which is revised to 29 June 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 24(3)substituted for s. 24(3)-(5)Local Government and Elections (Wales) Act 2021 s. 168(3)
s. 18B(8)words insertedBuilding Safety (Wales) Act 2026 Sch. 3 para. 8
s. 2(12)insertedBuilding Safety (Wales) Act 2026 Sch. 3 para. 6
s. 4(8)insertedBuilding Safety (Wales) Act 2026 Sch. 3 para. 7
Sch. 1 para. 72(2)omittedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 365
Sch. 1 para. 55repealedRoad Safety Act 2006 Sch. 7(7)

An Act to make provision about fire and rescue authorities and their functions; to make provision about employment by, and powers of employees of, fire and rescue authorities; to make provision about education and training and pension schemes; to make provision about the supply of water; to make provision about false alarms of fire; to provide for the funding of advisory bodies; and for connected purposes.

[22nd July 2004]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2

Annotations to the whole text

Modifications

C1

Act applied (with modifications) (30.12.2004) by S.I. 1990/2227, art. 2 (as amended (E.) by Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), art. 23)

C2

Act modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 41(2) (with arts. 50-53)

Contents

  1. Part 1: Fire and rescue authorities
  2. Fire and rescue authorities
  3. 1Fire and rescue authorities
  4. 1ADesignation of mayoral combined authorities and mayoral CCAs
  5. Combined fire and rescue authorities
  6. 2Power to create combined fire and rescue authorities
  7. 3Creation of combined fire and rescue authorities: supplementary
  8. 4Combined authorities under the Fire Services Act 1947
  9. Fire and rescue authority involving police and crime commissioner
  10. 4APower to provide for police and crime commissioner to be fire and rescue authority
  11. 4BChanges to existing fire and rescue authorities
  12. 4CTransfer of property, rights and liabilities
  13. 4DFurther provision about authority created by section 4A order
  14. 4ERequirement for authority created by section 4A order to have fire fund
  15. 4FExercise of functions pursuant to section 4A order
  16. 4GSection 4A order: transitional provision
  17. 4HDelegation to chief constable for police area
  18. 4IFurther provision about chief constable covered by section 4H order
  19. 4JExercise of functions pursuant to section 4H order
  20. 4KComplaints and conduct matters etc
  21. 4LApplication of fire and rescue provisions
  22. 4MApplication of local policing provisions
  23. 5Powers of combined fire and rescue authorities Repealed
  24. Powers of certain fire and rescue authorities
  25. 5APowers of certain fire and rescue authorities
  26. 5BBoundaries of power under section 5A
  27. 5CPower to make provision supplemental to section 5A
  28. 5DLimits on power under section 5C(1)
  29. 5EProcedure for Secretary of State's orders under section 5C(1) and (2)
  30. 5FProcedure for Welsh Ministers' orders under section 5C(1) and (2)
  31. 5GDetermining Assembly procedures for drafts laid under section 5F(2)
  32. 5HNegative resolution procedure for draft laid under section 5F(2)
  33. 5JAffirmative resolution procedure for draft laid under section 5F(2)
  34. 5KSuper-affirmative resolution procedure for draft laid under section 5F(2)
  35. 5LCalculation of time periods
  36. Interpretation of Part 1
  37. 5MInterpretation of Part 1
  38. Part 2: Functions of fire and rescue authorities
  39. Core functions
  40. 6Fire safety
  41. 7Fire-fighting
  42. 8Road traffic accidents
  43. 9Emergencies
  44. Other functions
  45. 10Directions relating to particular fires and emergencies
  46. 11Power to respond to other eventualities
  47. 12Other services
  48. Assistance in discharge of functions
  49. 13Reinforcement schemes
  50. 14Directions as to reinforcement schemes
  51. 15Arrangements with other employers of fire-fighters
  52. Discharge of functions by others
  53. 16Arrangements for discharge of functions by others
  54. 17Directions as to arrangements under section 16
  55. Supplementary
  56. 18Training centres
  57. 18ACharging by authorities
  58. 18BLimits on charging under section 18A(1)
  59. 18CCases where a charge may be made for responding to report of fire etc
  60. 19Charging Repealed
  61. 20Exercise of powers at or under sea
  62. Part 3: Administration
  63. Fire and Rescue National Framework
  64. 21Fire and Rescue National Framework
  65. 21AFire and rescue authorities in Wales: performance and governance
  66. 22Intervention by Secretary of State
  67. 23Intervention protocol
  68. 24Best value
  69. 25Report
  70. Police and crime plan
  71. 25APolice and crime plan
  72. Supervision
  73. 26Information
  74. 27Inquiries Repealed
  75. 28Inspectors
  76. 28AInspection programme and inspection framework etc: England
  77. 28BPublication of inspection reports etc: England
  78. Equipment etc
  79. 29Equipment, facilities, services and organisations
  80. 30Directions for public safety purposes
  81. Training etc
  82. 31Training institution and centres
  83. Part 4: Employment
  84. Negotiating bodies
  85. 32Negotiating bodies
  86. 33Guidance
  87. Pensions etc
  88. 34Pensions etc
  89. 35Information in connection with pensions etc
  90. 36Preservation of existing pension scheme
  91. Police
  92. 37Prohibition on employment of police in fire-fighting
  93. Part 5: Water supply
  94. 38Duty to secure water supply etc
  95. 39Supply of water by water undertakers
  96. 40Emergency supply by water undertaker
  97. 41Supply by other persons
  98. 42Fire hydrants
  99. 43Notice of works affecting water supply and fire hydrants
  100. Part 6: Supplementary
  101. Powers in the event of emergency etc
  102. 44Powers of fire-fighters etc in an emergency etc
  103. Powers of entry
  104. 45Obtaining information and investigating fires
  105. 46Supplementary powers
  106. 47Notices: general
  107. 48Notices given electronically
  108. False alarms
  109. 49False alarms of fire
  110. Advisory bodies
  111. 50Payments in respect of advisory bodies
  112. Consequential provision
  113. 51Abolition of Central Fire Brigades Advisory Council
  114. 52Repeal of Fire Services Act 1947
  115. 53Amendments
  116. 54Repeals
  117. Part 7: General
  118. 55Pre-commencement consultation
  119. 56Inquiries: supplementary
  120. 57Meaning of “local authority”
  121. 58Meaning of “emergency”
  122. 59Financial provision
  123. 60Orders and regulations
  124. 61Commencement
  125. 62Wales
  126. 63Extent
  127. 64Short title
  128. Schedule ZA1: Mayoral combined authorities or CCAs as fire and rescue authorities
  129. 1Interpretation
  130. 2Oversight of the community risk management plan
  131. 3Duty to keep community risk management plan under review
  132. 4Notification of proposed allocation of budget for fire and rescue functions
  133. 5Review of proposed budget
  134. Schedule A1: Procedure for orders under section 4A
  135. 1Proposal for order under section 4A
  136. 2Duty of relevant fire and rescue authority to cooperate in preparation of proposal
  137. 3Consultation on proposal
  138. 4Provision of representations to Secretary of State
  139. 5Decision by Secretary of State
  140. 6Interpretation
  141. 7Application of this Schedule to certain orders under section 4H
  142. Schedule A2: Application of legislation relating to police and crime commissioners
  143. 1Introductory
  144. 2Arrangements for obtaining the views of the community
  145. 3Scrutiny of fire and rescue plan
  146. 4Information for public
  147. 5Scrutiny of fire and rescue statement
  148. 6Information for police and crime panels
  149. 7Duties when carrying out functions
  150. 8Powers of police and crime panels
  151. 9Power to require attendance and information
  152. 10Conduct of fire and rescue authority
  153. 11Scrutiny of appointment of chief finance officer
  154. 12Scrutiny of precepts
  155. 13Regulations about complaints and conduct matters
  156. Schedule A3: English Inspectors
  157. 1Interpretation
  158. 2Delegation
  159. 3Working with Her Majesty’s Inspectors of Constabulary
  160. 4Working with Her Majesty’s Inspectors of Constabulary
  161. 5Assistance for other public authorities
  162. 6Powers of English inspectors to obtain information etc
  163. 7Powers of English inspectors to obtain access to premises
  164. 8Failure to comply with notice under paragraph 6 or 7
  165. 9Sensitive information: restriction on further disclosure
  166. 10Provision of intelligence service information to English inspectors
  167. Schedule 1: Minor and consequential amendments
  168. Explosives Act 1875 (c. 17)
  169. 1Paragraph 1
  170. Forged Transfers Act 1891 (c. 43)
  171. 2Paragraph 2
  172. Celluloid and Cinematograph Film Act 1922 (c. 35)
  173. 3Paragraph 3
  174. Petroleum (Consolidation) Act 1928 (c. 32)
  175. 4Paragraph 4
  176. London Building Act 1930 (c. clviii)
  177. 5Paragraph 5
  178. Public Health Act 1936 (c. 49)
  179. 6Paragraph 6
  180. London Building Acts (Amendment) Act 1939 (c. xcvii)
  181. 7Paragraph 7
  182. 8Paragraph 8
  183. 9Paragraph 9
  184. Statutory Orders (Special Procedure) Act 1945 (c. 18)
  185. 10Paragraph 10
  186. Civil Defence Act 1948 (c. 5)
  187. 11Paragraph 11
  188. Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
  189. 12Paragraph 12
  190. Town and Country Planning Act 1959 (c. 53)
  191. 13Paragraph 13
  192. Caravan Sites and Control of Development Act 1960 (c. 62)
  193. 14Paragraph 14
  194. Land Compensation Act 1961 (c. 33)
  195. 15Paragraph 15 Repealed
  196. Public Health Act 1961 (c. 64)
  197. 16Paragraph 16
  198. Pipe-lines Act 1962 (c. 58)
  199. 17Paragraph 17
  200. Stock Transfer Act 1963 (c. 18)
  201. 18Paragraph 18
  202. Industrial and Provident Societies Act 1965 (c. 12)
  203. 19Paragraph 19 Repealed
  204. Gas Act 1965 (c. 36)
  205. 20Paragraph 20
  206. Public Works Loans Act 1965 (c. 63)
  207. 21Paragraph 21
  208. National Loans Act 1968 (c. 13)
  209. 22Paragraph 22
  210. Greater London Council (General Powers) Act 1968 (c. xxxix)
  211. 23Paragraph 23
  212. Gaming Act 1968 (c. 65)
  213. 24Paragraph 24
  214. Transport Act 1968 (c. 73)
  215. 25Paragraph 25
  216. Greater London Council (General Powers) Act 1969 (c. lii)
  217. 26Paragraph 26
  218. Fire Precautions Act 1971 (c. 40)
  219. 27Paragraph 27
  220. 28Paragraph 28
  221. 29Paragraph 29
  222. 30Paragraph 30
  223. 31Paragraph 31
  224. 32Paragraph 32
  225. 33Paragraph 33
  226. Pensions (Increase) Act 1971 (c. 56)
  227. 34Paragraph 34
  228. 35Paragraph 35
  229. 36Paragraph 36
  230. Superannuation Act 1972 (c. 11)
  231. 37Paragraph 37
  232. Local Government Act 1972 (c. 70)
  233. 38Paragraph 38
  234. 39Paragraph 39
  235. 40Paragraph 40
  236. 41Paragraph 41
  237. Local Government Act 1974 (c. 7)
  238. 42Paragraph 42
  239. Greater London Council (General Powers) Act 1974 (c. xxiv)
  240. 43Paragraph 43
  241. Health and Safety at Work etc Act 1974 (c. 37)
  242. 44Paragraph 44
  243. Control of Pollution Act 1974 (c. 40)
  244. 45Paragraph 45
  245. Greater London Council (General Powers) Act 1975 (c. xxx)
  246. 46Paragraph 46
  247. Safety of Sports Grounds Act 1975 (c. 52)
  248. 47Paragraph 47
  249. Race Relations Act 1976 (c. 74)
  250. 48Paragraph 48 Repealed
  251. Local Government, Planning and Land Act 1980 (c. 65)
  252. 49Paragraph 49
  253. Highways Act 1980 (c. 66)
  254. 50Paragraph 50
  255. Zoo Licensing Act 1981 (c. 37)
  256. 51Paragraph 51
  257. New Towns Act 1981 (c. 64)
  258. 52Paragraph 52
  259. Acquisition of Land Act 1981 (c. 67)
  260. 53Paragraph 53
  261. Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
  262. 54Paragraph 54
  263. Road Traffic Regulation Act 1984 (c. 27)
  264. 55Paragraph 55
  265. Food Act 1984 (c. 30)
  266. 56Paragraph 56
  267. Building Act 1984 (c. 55)
  268. 57Paragraph 57
  269. Local Government Act 1985 (c. 51)
  270. 58Paragraph 58
  271. 59Paragraph 59
  272. 60Paragraph 60
  273. 61Paragraph 61
  274. Housing Act 1985 (c. 68)
  275. 62Paragraph 62
  276. Fire Safety and Safety of Places of Sport Act 1987 (c. 27)
  277. 63Paragraph 63
  278. Income and Corporation Taxes Act 1988 (c. 1)
  279. 64Paragraph 64 Repealed
  280. Local Government Act 1988 (c. 9)
  281. 65Paragraph 65
  282. Dartford-Thurrock Crossing Act 1988 (c. 20)
  283. 66Paragraph 66
  284. Environment and Safety of Information Act 1988 (c. 30)
  285. 67Paragraph 67
  286. Local Government Finance Act 1988 (c. 41)
  287. 68Paragraph 68
  288. Road Traffic Act 1988 (c. 52)
  289. 69Paragraph 69 Repealed
  290. Football Spectators Act 1989 (c. 37)
  291. 70Paragraph 70
  292. Local Government and Housing Act 1989 (c. 42)
  293. 71Paragraph 71
  294. Town and Country Planning Act 1990 (c. 8)
  295. 72Paragraph 72
  296. National Health Service and Community Care Act 1990 (c. 19)
  297. 73Paragraph 73
  298. Smoke Detectors Act 1991 (c. 37)
  299. 74Paragraph 74
  300. Water Industry Act 1991 (c. 56)
  301. 75Paragraph 75
  302. 76Paragraph 76
  303. 77Paragraph 77
  304. 78Paragraph 78
  305. Water Resources Act 1991 (c. 57)
  306. 79Paragraph 79
  307. Severn Bridges Act 1992 (c. 3)
  308. 80Paragraph 80
  309. Local Government Finance Act 1992 (c. 14)
  310. 81Paragraph 81
  311. Local Government Act 1992 (c. 19)
  312. 82Paragraph 82
  313. Local Government (Overseas Assistance) Act 1993 (c. 25)
  314. 83Paragraph 83
  315. Welsh Language Act 1993 (c. 38)
  316. 84Paragraph 84
  317. Vehicle Excise and Registration Act 1994 (c. 22)
  318. 85Paragraph 85
  319. London Local Authorities Act 1995 (c. x)
  320. 86Paragraph 86
  321. Merchant Shipping Act 1995 (c. 21)
  322. 87Paragraph 87
  323. Audit Commission Act 1998 (c. 18)
  324. 88Paragraph 88 Repealed
  325. Crime and Disorder Act 1998 (c. 37)
  326. 89Paragraph 89
  327. Local Government Act 1999 (c. 27)
  328. 90Paragraph 90
  329. 91Paragraph 91
  330. 92Paragraph 92
  331. London Local Authorities Act 2000 (c. vii)
  332. 93Paragraph 93
  333. Local Government Act 2000 (c. 22)
  334. 94Paragraph 94
  335. Freedom of Information Act 2000 (c. 36)
  336. 95Paragraph 95
  337. Capital Allowances Act 2001 (c. 2)
  338. 96Paragraph 96 Repealed
  339. Criminal Justice and Police Act 2001 (c. 16)
  340. 97Paragraph 97
  341. Licensing Act 2003 (c. 17)
  342. 98Paragraph 98
  343. Local Government Act 2003 (c. 26)
  344. 99Paragraph 99
  345. 100Paragraph 100
  346. 101Paragraph 101
  347. 102Paragraph 102 Repealed
  348. 103Paragraph 103
  349. Fire Services Act 2003 (c. 36)
  350. 104Paragraph 104
  351. 105Paragraph 105
  352. 106Paragraph 106
  353. Schedule 2Repeals