The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004

This Order may be cited as the Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 and shall come into force on 30th December 2004.

This Order applies in relation to England only.

after the words “Fire Services Act 1947” insert “or Fire and Rescue Services Act 2004”; and

after the words “fire authority” insert “or fire and rescue authority”.

The Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975^f1 are amended as follows.

In paragraph 2 of Part 1 of Schedule 1 (employments to be treated as employed earners' employments for certain purposes), after the words “Great Britain” insert “as an employee of a fire and rescue authority employed for the purposes of that authority under the Fire and Rescue Services Act 2004 or”.

In paragraph 4 of column (1) of Schedule 3 (employments in respect of which persons are treated as employees for certain purposes), before the words “fire brigade” insert “fire and rescue authorities,”.

The Road Vehicles (Construction and Use) Regulations 1985^f1 are amended as follows.

In regulation 10B(3)(f) (vehicles to which regulation 10A applies), after the word “1947” insert “or, in England, a motor vehicle used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004”.

In regulation 10C(7)(d) (meaning of “trailer”), after the word “1947” insert “or, in England, a trailer used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004”.

In the following provisions, after the words “fire brigade” insert “or, in England, fire and rescue authority” in each place where the words occur—

The Safety of Sports Grounds Regulations 1987^f1 are amended as follows.

In regulation 5(6) (notices by local authorities)—

In paragraph 4(a) of Part 1 of the Schedule (application for a safety certificate), after the words “fire authority” insert “or fire and rescue authority”.

The Housing Benefit (General) Regulations 1987^f1 are amended as follows.

After paragraph 6(1)(a) of Schedule 3 (sums to be disregarded in calculation of earnings), insert—

“(aa)

a part-time fire-fighter employed by a fire and rescue authority;”.

After paragraph 3(2)(a) of Schedule 3A (sums disregarded from claimants earnings), insert—

“(aa)

as a part-time fire-fighter employed by a fire and rescue authority;”.

The Safety of Places of Sport Regulations 1988^f1 are amended as follows.

In regulation 4(8) (notices by local authorities)—

In paragraph 4(a) of Part 1 of the Schedule (application for a safety certificate), after the words “fire authority” insert “or fire and rescue authority”.

The Fire Precautions (Sub-surface Railway Stations) Regulations 1989^f1 are amended as follows.

In the definition of “fire brigade” in regulation 2 (interpretation), after the words “fire authority” insert “or, in England, employees of a fire and rescue authority; and “members of a fire brigade” shall be interpreted accordingly”.

In regulation 12 (exemption from requirements)—

The Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990^f1 are amended as follows.

In regulation 2(1) (interpretation), for the definition of “fire authority” substitute—

• ““fire and rescue authority” in relation to any road or other place, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the road or other place is situated;”.

In regulation 14(1)(ii) (notice of the making of the order), for the words “fire authority” substitute “fire and rescue authority”.

in paragraph (1), for the words from “For the purpose of” to “shall have effect” substitute “For the purpose of enabling functions to be exercised under the Fire and Rescue Services Act 2004 (“the 2004 Act”), including the making of such schemes and arrangements as may be made under sections 13(1), 15(1) and 16(1) of the 2004 Act, that Act shall have effect”;

in paragraph (1)(b)(i), for the words “fire authority within the meaning of the 1947 Act” substitute “fire and rescue authority under the 2004 Act”;

in paragraph (1)(b)(ii), for the words “members of a brigade maintained by that authority were members of a brigade maintained in pursuance of that Act” substitute “employees of that authority were employees of a fire and rescue authority”;

for paragraph (2) substitute—

“(2)

Where, in connection with the exercise of any functions under the 2004 Act in relation to the tunnel system, an employee of a fire and rescue service is in transit to or from the tunnel system and is outside the United Kingdom he shall be treated as if he were an employee of a fire and rescue service employed by a fire and rescue authority outside its area under section 11(4) of the 2004 Act.”;

in paragraph (3), for the words “fire authority” substitute “fire and rescue authority”; and

in paragraph (4), for the words “Section 2(3), (5) and (9) and section 12(2) to (5) of the 1947 Act” substitute “Section 14(2) and (3) and section 17 of the 2004 Act”.

The Council Tax Benefit (General) Regulations 1992^f1 are amended as follows.

After paragraph 6(1)(a) of Schedule 3 (sums to be disregarded in the calculation of earnings), insert—

“(aa)

a part-time fire-fighter employed by a fire and rescue authority;”.

After paragraph 3(2)(a) of Schedule 3A (sums disregarded from claimant’s earnings), insert—

“(aa)

as a part-time fire-fighter employed by a fire and rescue authority;”.

for the words “Fire Services Act 1947” substitute “Fire and Rescue Services Act 2004”; and

in sub-paragraph (a), for the words “fire authority” substitute “fire and rescue authority”.

for the words “fire authority” substitute “fire and rescue authority” in both places where they occur; and

in sub-paragraph (1) for the words “section 1(1)(f) of the Fire Services Act 1947” substitute “section 6(2)(b) of the Fire and Rescue Services Act 2004”.

The Jobseeker’s Allowance Regulations 1996^f1 are amended as follows.

In regulation 4 (interpretation of Parts 2, 4 and 5), in the definition of “part-time member of a fire brigade” after the words “Fire Services Acts 1947—1959” insert “or, in England, a part-time fire-fighter employed by a fire and rescue authority”.

After regulation 53(d)(i) (persons treated as not engaged in remunerative work ), insert—

“(ia)

a part-time fire-fighter employed by a fire and rescue authority;”.

After paragraph 9(1)(a) of Schedule 6 (sums to be disregarded in the calculation of earnings), insert—

“(aa)

a part-time fire-fighter employed by a fire and rescue authority;”.

in paragraph (1) for the words “In case (b) the chief officer of the fire brigade of the fire authority” substitute “In case (b) the fire and rescue authority”;

in paragraph (2) for the definition of “fire authority” substitute—

• ““fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the road or place is situated;”.

The Fire Precautions (Workplace) Regulations 1997^f1 are amended as follows.

In regulation 2(1) (interpretation), in the definition of “fire authority”, after the words “Fire Services Act 1947” insert “or, in England, a fire and rescue authority under the Fire and Rescue Services Act 2004”.

In regulation 18—

In regulation 20(b) after the words “fire authority” insert “or, in England, employee of a fire and rescue authority”.

regulation 12(1)(e) (significance of vehicular light signals at Pelican crossings);

regulation 13(1)(f) (significance of vehicular light signals at Puffin crossings); and

regulations 21(c) (exceptions to regulation 20).

The Combined Fire Authorities (Protection from Personal Liability) (England) Regulations 1997^f1 are amended as follows.

For regulation 2 (interpretation), substitute—

“Interpretation

2.

In these Regulations “the 2004 Act” means the Fire and Rescue Services Act 2004, and “combination scheme” means a scheme under section 2 of that Act or a scheme to which section 4 of that Act applies.”.

In regulation 3(1)(a) (protection from personal liability) for the words “fire authority for the purposes of the 1947 Act” substitute “fire and rescue authority for the purposes of the 2004 Act”.

In the following provisions, for the words “fire authority” substitute “fire and rescue authority” in each place where the words occur—

The Combined Fire Authorities (Secure Tenancies) (England) Regulations 1998^f1 are amended as follows.

For regulation 2 (interpretation), substitute—

“Interpretation

2.

In these Regulations “the 2004 Act” means the Fire and Rescue Services Act 2004, and “combination scheme” means a scheme under section 2 of that Act or a scheme to which section 4 of that Act applies.”.

In regulation 3(1)(a) (secure tenancies) for the words “fire authority for the purposes of the 1947 Act” substitute “fire and rescue authority for the purposes of the 2004 Act”.

In the following regulations, for the words “fire authority” substitute “fire and rescue authority” in each place where they occur—

The Motor Vehicles (Driving Licences) Regulations 1999^f1 are amended as follows.

In regulation 23(1) (persons by whom theory tests may be conducted)—

In regulation 24(1) (persons by whom practical and unitary tests may be conducted)—

The Building (Approved Inspectors etc.) Regulations 2000^f1 are amended as follows.

In regulation 2(1) (interpretation), for the definition of “fire authority” substitute—

• ““fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the premises are or are to be situated;”.

In the following provisions, for the words “fire authority” substitute “fire and rescue authority” in each place where the words occur—

in the first column, the words “2 Functions under the Fire-fighters' Pension Scheme relating to pensions, etc as respects persons employed by fire and rescue authorities pursuant to section 1 of the Fire and Rescue Services Act 2004”; and

in the second column, the words “Sections 34 and 36 of the Fire and Rescue Services Act 2004 (c. 21)”.

The Care Homes Regulations 2001^f1 are amended as follows.

In regulation 2(1) (interpretation), for the definition of “fire authority” substitute—

• ““fire and rescue authority” means, in relation to a care home, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the care home is situated;”.

In regulation 23(4) (fitness of premises), for the words “fire authority” substitute “fire and rescue authority”.

in paragraph (1) for the words “fire authority” substitute “fire and rescue authority”; and

for paragraph (2) substitute—

“(2)

In this regulation, “fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which a children’s home is situated.”.

in paragraph (4) for the words “fire authority” substitute “fire and rescue authority”; and

for paragraph (5) substitute—

“(5)

In this regulation “fire and rescue authority” in relation to an establishment or agency, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the establishment or agency is situated.”.

after the words “fire authority” insert “or, in England, a fire and rescue authority”; and

after the words “by that authority” insert “or by employees of that authority”.

The Traffic Signs Regulations and General Directions 2002^f1 are amended as follows.

In the following provisions, after the words “fire brigade” insert “or, in England, fire and rescue authority” in each place where the words occur—

in paragraph (1), for the words “fire authority” substitute “fire and rescue authority”; and

for paragraph (2) substitute—

“(2)

In this regulation, “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which a residential family centre is situated.”.

The Local Government (Best Value) Performance Indicators and Performance Standards Order 2003^f1 is amended as follows.

In article 1(2) (interpretation), for the definition of “fire authority” substitute—

• ““fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;”.

In article 16 (performance indicators for fire services) for the words “fire authorities” substitute “fire and rescue services”.

The Local Authorities (Members' Allowances) (England) Regulations 2003^f1 are amended as follows.

In regulation 3 (application), for paragraph (1)(e) substitute—

“(e)

a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;”.

In regulation 34 (disapplication), for paragraph (4)(e) substitute—

“(e)

a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;”.

The Education (Independent School Standards) (England) Regulations 2003^f1 are amended as follows.

In regulation 4 (interpretation), for the definition of “fire authority” substitute—

• ““fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;”.

In paragraph 3(5)(b) of the Schedule (independent schools standards), for “fire authority” substitute “fire and rescue authority”.

The Regulation of Investigatory Powers (Communications Data) Order 2003^f1 is amended as follows.

In Part 1 of Schedule 2 (individuals in additional public authorities that may acquire all types of communication), after the words “Any fire authority within the meaning of the Fire Services Act 1947 (read with paragraph 2 of Schedule 11 to the Local Government Act 1985)” insert “or any fire and rescue authority under the Fire and Rescue Services Act 2004”.

In Part 2 of Schedule 2 (individuals in the public authorities specified in Part 1 that may only acquire certain types of communication), after the words “Any fire authority within the meaning of the Fire Services Act 1947 (read with paragraph 2 of Schedule 11 to the Local Government Act 1985)” insert “or any fire and rescue authority under the Fire and Rescue Services Act 2004”.

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004^f1 are amended as follows.

In regulation 2(1) (interpretation), after the definition of “fire authority” insert—

• ““fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004;”;

In regulation 6 (application to armed forces)—