Fire and Rescue Services Act 2004 in Scotland
2004 c. 21 · Enacted 22 July 2004 · Extends to England, Wales and Scotland
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
- 1ADesignation of mayoral combined authorities and mayoral CCAs
- 4CTransfer of property, rights and liabilities
- 4DFurther provision about authority created by section 4A order
- 4ERequirement for authority created by section 4A order to have fire fund
- 4FExercise of functions pursuant to section 4A order
- 4GSection 4A order: transitional provision
- 4HDelegation to chief constable for police area
- 4IFurther provision about chief constable covered by section 4H order
- 4JExercise of functions pursuant to section 4H order
- 4LApplication of fire and rescue provisions
- 4MApplication of local policing provisions
- 5CPower to make provision supplemental to section 5A
- 5DLimits on power under section 5C(1)
- 5EProcedure for Secretary of State's orders under section 5C(1) and (2)
- 5FProcedure for Welsh Ministers' orders under section 5C(1) and (2)
- 5GDetermining Assembly procedures for drafts laid under section 5F(2)
- 5HNegative resolution procedure for draft laid under section 5F(2)
- 5JAffirmative resolution procedure for draft laid under section 5F(2)
- 5KSuper-affirmative resolution procedure for draft laid under section 5F(2)
- 5LCalculation of time periods
- 5MInterpretation of Part 1
- Core functions
- 6Fire safety
- 7Fire-fighting
- 8Road traffic accidents
- 9Emergencies
- Other functions
- 10Directions relating to particular fires and emergencies
- 11Power to respond to other eventualities
- 12Other services
- Assistance in discharge of functions
- 13Reinforcement schemes
- 14Directions as to reinforcement schemes
- 15Arrangements with other employers of fire-fighters
- Discharge of functions by others
- 16Arrangements for discharge of functions by others
- 17Directions as to arrangements under section 16
- 18Training centres
- 18BLimits on charging under section 18A(1)
- 18CCases where a charge may be made for responding to report of fire etc
- 20Exercise of powers at or under sea
- Fire and Rescue National Framework
- 22Intervention by Secretary of State
- 23Intervention protocol
- 25Report
- Police and crime plan
- 25APolice and crime plan
- 26Information
- Equipment etc
- 29Equipment, facilities, services and organisations
- 30Directions for public safety purposes
- Training etc
- 31Training institution and centres
- Part 4: Employment
- 32Negotiating bodies
- 33Guidance
- Pensions etc
- 34Pensions etc
- 35Information in connection with pensions etc
- 36Preservation of existing pension scheme
- 38Duty to secure water supply etc
- 39Supply of water by water undertakers
- 40Emergency supply by water undertaker
- 41Supply by other persons
- 42Fire hydrants
- 43Notice of works affecting water supply and fire hydrants
- Part 6: Supplementary
- 45Obtaining information and investigating fires
- 46Supplementary powers
- 47Notices: general
- 48Notices given electronically
- 49False alarms of fire
- 50Payments in respect of advisory bodies
- Consequential provision
- 52Repeal of Fire Services Act 1947
- 53Amendments
- 54Repeals
- Part 7: General
- 60Orders and regulations
- 61Commencement
- 63Extent
- 64Short title
- Schedule ZA1: Mayoral combined authorities or CCAs as fire and rescue authorities
- 1Interpretation
- 2Oversight of the community risk management plan
- 3Duty to keep community risk management plan under review
- 4Notification of proposed allocation of budget for fire and rescue functions
- 5Review of proposed budget
- 1Proposal for order under section 4A
- 2Duty of relevant fire and rescue authority to cooperate in preparation of proposal
- 3Consultation on proposal
- 4Provision of representations to Secretary of State
- 5Decision by Secretary of State
- 6Interpretation
- 7Application of this Schedule to certain orders under section 4H
- Schedule A2: Application of legislation relating to police and crime commissioners
- 1Introductory
- 2Arrangements for obtaining the views of the community
- 3Scrutiny of fire and rescue plan
- 4Information for public
- 5Scrutiny of fire and rescue statement
- 6Information for police and crime panels
- 7Duties when carrying out functions
- 8Powers of police and crime panels
- 9Power to require attendance and information
- 10Conduct of fire and rescue authority
- 11Scrutiny of appointment of chief finance officer
- 12Scrutiny of precepts
- 13Regulations about complaints and conduct matters
- 1Interpretation
- 2Delegation
- 3Working with Her Majesty’s Inspectors of Constabulary
- 4Working with Her Majesty’s Inspectors of Constabulary
- 5Assistance for other public authorities
- 6Powers of English inspectors to obtain information etc
- 7Powers of English inspectors to obtain access to premises
- 8Failure to comply with notice under paragraph 6 or 7
- 9Sensitive information: restriction on further disclosure
- 10Provision of intelligence service information to English inspectors
- Schedule 1: Minor and consequential amendments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Gaming Act 1968 (c. 65)
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- Pensions (Increase) Act 1971 (c. 56)
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- Superannuation Act 1972 (c. 11)
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- 94Paragraph 94
- 95Paragraph 95
- 97Paragraph 97
- 98Paragraph 98
- 99Paragraph 99
- 100Paragraph 100
- 101Paragraph 101
- 103Paragraph 103
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- Schedule 2Repeals