The Fire and Rescue Services (England) Order 2004

• Citation: S.I. 2004/2305
• Sections: 16

Section 1 Citation, commencement, application and interpretation

(1) This Order may be cited as the Fire and Rescue Services (England) Order 2004 and shall come into force on 1st October 2004.

(2) This Order applies in relation to fire and rescue authorities in England only.

(3) In this Order—

“ the Act ” means the Fire and Rescue Services Act 2004;

“operator” means the person who, as occupier or otherwise, has control of the premises, structure, lift or vehicle, as the case may be, in connection with the carrying on by him of a trade, business or other undertaking (whether or not for profit) and includes the keeper of a vehicle as defined in section 62(2) of the Vehicle Excise and Registration Act 1994 ; and

“premises” includes any place.

Section 2 Power to charge for services

A fire and rescue authority is authorised to charge the person specified in column 2 of the table in the Schedule for the action taken by the authority specified in the corresponding entry in column 1 of the table, but not –

(a) except in relation to entry 13 in the table, for extinguishing fires or protecting life and property in the event of fires, or

(b) for emergency medical assistance.

Section 3 The Fire and Rescue National Framework

For the purposes of section 21(6) of the Act the Fire and Rescue National Framework prepared by the Secretary of State and entitled “The Fire and Rescue National Framework 2004/05” (first edition) published by the Office of the Deputy Prime Minister in July 2004 shall have effect.

Section 1

Hiring out or provision of equipment, vehicles, premises or employees of a fire and rescue authority, except where done pursuant to any of the following provisions of the Act—

(a) section 6;

(b) section 8; or

(c) sections 13 to 17.

Section 2

Inspection, testing, maintenance and repair of equipment and vehicles, including the re-charging of compressed air cylinders and breathing apparatus.

Section 3

Containment and clearance of debris, spillages, discharges or leaks from a vehicle, storage tank or pipe.

Section 4

Provision or removal of water.

Section 5

Effecting entry to, or egress from,premises.

Section 6

Rescuing persons from lift cabins.

Section 7

Rescuing animals.

Section 8

Provision of documents, photographs, tape, video or other similar recordings, where charging is not already authorised or prohibited by another enactment.

Section 9

Provision of training, other than training provided to employees of other fire and rescue authorities under a reinforcement scheme.

Section 10

Removal of dangerous structures.

Section 11

The giving of advice to persons in relation to premises where a trade, business or other undertaking is carried on, other than the giving of advice for which arrangements are required to be made under section 6(2)(b) of the Act.

Section 12

Lifting of incapacitated persons.

Section 13

Extinguishing fires at sea or under the sea, or protecting life and property in the event of such fires.