Fire and Rescue Services Act 2004 (UK)

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Part 7 – General (Sections 54 to 62): makes general provision in relation to pre-commencement consultation, interpretation, statutory instruments, territorial extent etc. work in partnership with their communities and a wide range of partners locally and nationally to deliver their service This provision provides authorised employees of a fire and rescue authority with the powers to deal with fires, road traffic accidents and other emergencies. It replaces section 30(1) of the Fire Services Act 1947 which was limited to dealing with extinguishing, or preventing the spread of, fires, and recognises the wider range of duties of fire-fighters, including the work which fire and rescue authorities do in responding to road traffic accidents. Powers of entry Section 44 Powers of entry

The Fire and Rescue Services Act 2004 (c. 21), sometimes abbreviated as FRSA 2004, is an Act of the Parliament of the United Kingdom.

Changes over time for: Fire and Rescue Services Act 2004

The Bill extends to England and Wales only with the exception of the provisions regarding pensions in Part 4 (as pension policy is a reserved matter) and various consequential provisions which also extend to Scotland. Wherever appropriate, it gives the National Assembly for Wales the powers of the Secretary of State in its application to Wales. Section 61 Short title

Training centres, re-enacts provisions in the Fire Services Act 1947 that allow a fire and rescue authority to establish training centres for its staff. Section 19 Charging Part 6 – Supplementary (Sections 43 to 53 and Schedules 1 and 2): concerns the powers of fire and rescue authority employees to undertake rescue work and investigations, as well as a number of consequential provisions and repeals, including the abolition of the Central Fire Brigades Advisory Council. Should any negotiating body be set up under these powers, subsections (4) and (5) would prevent the body being undermined by negotiations being held in another forum. Subsections (5), (6), (7), (8), however, would allow the statutory body to make arrangements for some conditions of service to be negotiated locally either in their entirety or within nationally agreed parameters. Section 32 Guidance This section will give combined fire and rescue authorities the powers which are already available to county fire authorities, the London Fire and Emergency Planning Authority and metropolitan county fire and civil defence authorities under section 111 of the Local Government Act 1972. PART 2 FUNCTIONS OF FIRE AND RESCUE AUTHORITIES Core functions Section 6 Fire safety

Directions as to reinforcement schemes gives the Secretary of State the power to direct the fire and rescue authorities involved to make, vary or revoke such a scheme. Before giving a direction, the Secretary of State will give all authorities concerned the opportunity to make representations to him and he may hold a public inquiry. Section 15 Arrangements with other employers of fire-fighters Provides for the means by which a notice under clause 44 may be legally served. It is similar to service provisions under fire safety and health and safety law and will allow legal service by electronic means where the recipient agrees to this. It corresponds to provisions in the Communications Act 2003. False alarms Section 47 False alarms of fire Under subsection (3), if it is not practicable for written notice to be given, the person is regarded as having given such notice if he gives it as soon as practicable. It is an offence under subsection (4) if, without reasonable excuse, a person fails to give notice as required. Under subsection (5) a person is liable on summary conviction to a level 5 fine. PART 6 SUPPLEMENTARY Powers in the event of emergency etc Section 43 Powers of fire-fighters etc in an emergency etc Initially there were no problems as the secondary functions called for little resources. By 1970 the secondary functions were demanding more resources, especially fire safety. With the introduction of the Fire Precautions Act the staff in fire safety departments grew considerably. Fire safety officers were required to ensure that all premises met the required fire safety standards. This was achieved by conducting surveys of the premises, re-inspections and finally issuing a fire certificate, this proved to be expensive, because of the human resources needed.

The Act is not expected to have a significant impact on either public expenditure or manpower. Through the process of regional organisation and the introduction of Integrated Risk Management Plans (IRMPs), it is expected that fire and rescue authorities will be given the flexibility to place greater emphasis on prevention and accrue expenditure savings as a result. IRMPs in particular should allow authorities to meet more effectively the particular service demands in their area. Whilst there may be a possibility that some fire and rescue services (typically smaller, rural authorities) could incur some short-term cost increases as a result of adopting the provisions in the Act (such as an enhanced role in promoting fire safety), such costs should be offset in the longer term by the efficiency savings that the Act will bring about.It came into effect on 1 October 2004. It only applies to Great Britain and most provisions apply only in England and Wales. Replacing the previous Fire Services Act 1947 in England and Wales, it clarifies the duties and powers of fire authorities to:-