The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005

• Citation: S.I. 2005/2929 (W.)
• Sections: 80

Section 1 Title, commencement and application

(1) The title of this Order is the Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 and comes into force on 25 October 2005.

(2) This Order applies in relation to Wales.

Section 2 Local Government Act 2003

In section 83(2) of the Local Government Act 2003 , for the words “fire authorities” substitute “fire and rescue authorities”.

Section 3 Cinematograph (Safety) Regulations 1955

In regulation 5(3) of the Cinematograph (Safety) Regulations 1955 (fire precautions), after the words “the fire brigade” insert “or, in England or Wales, employees of the fire and rescue authority”.

Section 4 Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963

In article 5(b) of the Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963 (exceptions), after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority”.

Section 5 Gaming Clubs (Licensing) Regulations 1969

In Schedule 2 to the Gaming Clubs (Licensing) Regulations 1969 (application for grant of a licence under the Gaming Act 1968), after the words “fire authority” insert “or, in England or Wales, fire and rescue authority” in both places where the words occur.

Section 6 Local Authorities etc. (Miscellaneous Provision) (No 3) Order 1974

Article 6(6) of the Local Authorities etc. (Miscellaneous Provision) (No 3) Order 1974 (compulsory purchase orders) is amended as follows—

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

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

Section 7 Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975

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

(2) In paragraph 2 of Part 1 of Schedule 1 (employments to be treated as employed earners' employments for industrial injuries 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”.

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

Section 8 Tribunals and Inquiries (Discretionary Inquiries) Order 1975

After paragraph 19 of the Schedule to the Tribunals and Inquiries (Discretionary Inquiries) Order 1975 (inquiries designated for the purposes of the Tribunals and Inquiries Act 1992), insert—

(19A) Any inquiry held under section 14(3), 17(3) or 27 of the Fire and Rescue Services Act 2004.

Section 9 Motorways Traffic (England and Wales) Regulations 1982

In regulation 16(1)(d) of the Motorways Traffic (England and Wales) Regulations 1982 (exceptions and relaxations), for the words “a fire brigade or of an ambulance service” substitute “an ambulance service or as an employee of a fire and rescue authority employed for the purposes of that authority”.

Section 10 Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 1985

In article 3(h) of the Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 1985 (exemption under section 1 subject to conditions), after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority”.

Section 11 Road Vehicles (Construction and Use) Regulations 1986

(1) The Road Vehicles (Construction and Use) Regulations 1986 are amended as follows.

(2) In regulation 10B(3)(f) (vehicles to which regulation 10A applies), after “1947” insert “or, in England or Wales, 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”.

(3) In regulation 10C(7)(d) (meaning of “trailer”), after “1947” insert “or, in England or Wales, 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”.

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

(a) regulation 36B(14)(e) (speed limits);

(b) regulation 37(5)(a) (audible warning instruments);

(c) regulation 82(10)(a) (wide loads);

(d) regulation 101(2)(a) (parking in darkness); and

(e) regulation 107(2)(a) (leaving motor vehicles unattended).

Section 12 Local Government Reorganisation (Preservation of Right to Buy) Order 1986

In paragraph 42 of Part 1 of Schedule 1 to the Local Government Reorganisation (Preservation of Right to Buy) Order 1986 (modifications to Part V of the Housing Act 1985), for the words “a fire authority for the purposes of the Fire Services Acts 1947 to 1959” substitute “a fire and rescue authority under the Fire and Rescue Services Act 2004”.

Section 13 Dangerous Substances in Harbour Areas Regulations 1987

In regulation 30 of the Dangerous Substances in Harbour Areas Regulations 1987 (storage tanks), after the words “fire authority” insert “or, in England or Wales, fire and rescue authority” in both places where the words occur.

Section 14 Safety of Sports Grounds Regulations 1987

(1) The Safety of Sports Grounds Regulations 1987 are amended as follows.

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

(a) at the end of sub-paragraph (c) delete “and”;

(b) after sub-paragraph (c) insert—

(ca) in relation to England and Wales—

(i) the fire and rescue authority, where the local authority is not the fire and rescue authority; and

(ii) the building authority, where the local authority is not the building authority; and

(c) in sub-paragraph (d) delete the words “Wales and”.

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

Section 15 Income Support (General) Regulations 1987

After paragraph 7(1)(a) of Schedule 8 to the Income Support (General) Regulations 1987 (sums to be disregarded in the calculation of earnings), insert—

(aa) a part-time fire-fighter employed by a fire and rescue authority;

Section 16 Housing Benefit (General) Regulations 1987

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

(2) 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;

(3) 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;

Section 17 Safety of Places of Sport Regulations 1988

(1) The Safety of Places of Sport Regulations 1988 are amended as follows.

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

(a) at the end of sub-paragraph (c) delete “and”;

(b) after sub-paragraph (c) insert—

(ca) in relation to England and Wales—

(i) the fire and rescue authority, where the local authority is not the fire and rescue authority; and

(ii) the building authority, where the local authority is not the building authority; and

(c) in sub-paragraph (d) delete the words “Wales and”.

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

Section 18 Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989

In article 5(2)(c) of the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989 (premises exempt from requirement for fire certificate) and article 6(1) (premises qualifying for exemption from requirement for fire certificate), after the words “fire authority” insert “or, in England or Wales, fire and rescue authority”.

Section 19 Fire Precautions (Sub-surface Railway Stations) Regulations 1989

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

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

(3) In regulation 12 (exemption from requirements)—

(a) in paragraph (1) after the words “fire authority” insert “or, in England or Wales, a fire and rescue authority”; and

(b) in paragraphs (1A) and (2) after the words “fire authority” insert “or fire and rescue authority” in both places where they occur.

Section 20 Road Vehicles Lighting Regulations 1989

In the table in regulation 3(2) of the Road Vehicles Lighting Regulations 1989 (interpretation), in paragraph (a) of the definition of “emergency vehicle”, after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority”.

Section 21 Dangerous Substances (Notification and Marking of Sites) Regulations 1990

In regulation 2(1) of the Dangerous Substances (Notification and Marking of Sites) Regulations 1990 (interpretation), in the definition of “fire authority”, after the words “Fire Services Act 1947” insert “or, in England or Wales, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the site is situated”.

Section 22 Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990

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

(2) 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;”.

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

Section 23 Housing (Prescribed Forms) (No 2) Regulations 1990

In Form 35 in the Schedule to the Housing (Prescribed Forms) (No 2) Regulations 1990 (closing order for part of a house in multiple occupation), for the words “Fire Authority” substitute “Fire and Rescue Authority”.

Section 24 Channel Tunnel (Fire Services, Immigration and Prevention of Terrorism) Order 1990

Article 2 of the Channel Tunnel (Fire Services, Immigration and Prevention of Terrorism) Order 1990 (fire services) is amended as follows—

(a) 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”;

(b) 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”;

(c) 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”;

(d) 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 authority is in transit to or from the tunnel system and is outside the United Kingdom he or she shall be treated as if he or she were an employee of a fire and rescue authority outside its area under section 11(4) of the 2004 Act.

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

(f) 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”.

Section 25 Public Works Contracts Regulations 1991

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Section 26 Road Traffic (Temporary Restrictions) Procedure Regulations 1992

In regulation 2(1) of the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (interpretation), in the definition of “fire authority”, after the words “Fire Services Act 1947” insert “or, in England or Wales, the fire and rescue authority for that area under the Fire and Rescue Services Act 2004”.

Section 27 Housing (Right to Buy) (Prescribed Persons) Order 1992

In the Schedule to the Housing (Right to Buy) (Prescribed Persons) Order 1992 (which prescribes certain persons for the purposes of section 130(2)(a) of, and paragraph 8 of Schedule 4 to, the Housing Act 1985), for the words “a fire authority for the purposes of the Fire Services Acts 1947 to 1959” substitute “a fire and rescue authority under the Fire and Rescue Services Act 2004”.

Section 28 Council Tax Benefit (General) Regulations 1992

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

(2) 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;

(3) 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;

Section 29 Child Support (Maintenance Assessments and Special Cases) Regulations 1992

After paragraph 1(1)(i)(ii) of Part 1 of Schedule 1 to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (earnings of an employed earner), insert—

(iia) a part-time fire-fighter employed by a fire and rescue authority;

Section 30 Motor Vehicles (Wearing of Seat Belts) Regulations 1993

In regulation 6(1)(f) of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 (exemptions), after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority”.

Section 31 Public Services Contracts Regulations 1993

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Section 32 Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994

In paragraph 5 of Schedule 2 to the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994 (further requirements to be complied with while approval is in force)—

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

(b) 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”.

Section 33 Public Supply Contracts Regulations 1995

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Section 34 Marriages (Approved Premises) Regulations 1995

In paragraph 3 of Schedule 1 to the Marriages (Approved Premises) Regulations 1995 (requirements for the grant of approval), after the words “fire authority” insert “or, in England or Wales, fire and rescue authority”.

Section 35 Goods Vehicles (Licensing of Operators) Regulations 1995

In paragraph 6 of Part 1 of Schedule 3 to the Goods Vehicles (Licensing of Operators) Regulations 1995 (exempt vehicles), after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority”.

Section 36 Jobseeker’s Allowance Regulations 1996

(1) The Jobseeker’s Allowance Regulations 1996 are amended as follows.

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

(3) 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;

(4) 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;

Section 37 Construction (Health, Safety and Welfare) Regulations 1996

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Section 38 Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996

In regulation 6 of the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (consultation)—

(a) 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”;

(b) 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;

Section 39 Social Security Benefit (Computation of Earnings) Regulations 1996

After paragraph 9(a) of Schedule 1 to the Social Security Benefit (Computation of Earnings) Regulations 1996 (sums to be disregarded in the calculation of earnings), insert—

(aa) a part-time fire-fighter employed by a fire and rescue authority;

Section 40 Housing Renewal Grants Regulations 1996

In paragraph 8(1)(a) of Schedule 2 to the Housing Renewal Grants Regulations 1996 (sums to be disregarded in the determination of earnings), for the words “a part-time fireman in a fire-brigade maintained in pursuance of the Fire Services Acts 1947 to 1959” substitute “a part-time fire-fighter employed by a fire and rescue authority”.

Section 41 Fire Precautions (Workplace) Regulations 1997

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

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

(3) In regulation 18—

(a) in paragraph (5)—

(i) after the words “fire brigade” insert “or, in England or Wales, employee of a fire authority”; and

(ii) after the words “maintain that brigade” insert “or who employ that person”.

(b) in paragraph (6), after the words “the Fire Services Act 1947” insert “or section 28 of the Fire and Rescue Services Act 2004”.

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

Section 42 Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997

In the following provisions of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 , after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority” in each place where the words occur—

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

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

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

Section 43 Combined Fire Authorities (Protection from Personal Liability) (Wales) Order 1997

(1) The Combined Fire Authorities (Protection from Personal Liability) (Wales) Order 1997 is amended as follows.

(2) For regulation 2 (interpretation), substitute—

Interpretation

(2) In this Order “combination scheme” means a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.

(3) In article 3 (protection from personal liability)—

(a) for article 3(1), substitute—

(1) This article applies to a fire and rescue authority constituted by a combination scheme

(b) in article 3(2), for the words “fire authority” substitute “fire and rescue authority”.

Section 44 Police Information Technology Organisation (Additional Bodies) Order 1998

In paragraph 1(j) of article 2 of the Police Information Technology Organisation (Additional Bodies) Order 1998 (bodies for which PITO may carry out activities), after the words “fire authority” insert “or fire and rescue authority”.

Section 45 Health and Safety (Enforcing Authority) Regulations 1998

In regulation 4(3)(e) of the Health and Safety (Enforcing Authority) Regulations 1998 (exceptions), after the words “the Fire Precautions Act 1971” insert “or, in England or Wales, a fire and rescue authority under the Fire and Rescue Services Act 2004”.

Section 46 Combined Fire Authorities (Secure Tenancies) (Wales) Regulations 1998

(1) The Combined Fire Authorities (Secure Tenancies) (Wales) Regulations 1998 are amended as follows.

(2) For regulation 2 (interpretation), substitute—

Interpretation

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

(3) In regulation 3 (secure tenancies)—

(a) for regulation 3(1), substitute—

(1) This regulation applies in relation to a fire and rescue authority constituted by a combination scheme.

(b) in regulation 3(2), for the words “combined fire authority” substitute “fire and rescue authority”.

Section 47 Crime and Disorder Strategies (Prescribed Descriptions) Order 1998

In article 3(2) of the Crime and Disorder Strategies (Prescribed Descriptions) Order 1998 , for sub-paragraph (v) substitute—

the fire and rescue authority under the Fire and Rescue Services Act 2004 for that area;

Section 48 Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No 1) Order 1998

In Schedule 1 to the Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No 1) Order 1998 (meaning of “United Kingdom Public Authority”), after paragraph 1(g) insert—

(ga) 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;

Section 49 Highways (Road Humps) Regulations 1999

In regulation 3(b) of the Highways (Road Humps) Regulations 1999 (consultation), for the words “the chief officer of the fire brigade” substitute “the fire and rescue authority”.

Section 50 Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999

In Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 (employment to which the Order applies), after paragraph 1 of section 6 insert—

(1A) 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.