Office of Public Sector Information
SCHEDULE 1 continued
52 (1) Section 80(1) of the New Towns Act 1981 (interpretation) is amended as follows.
(2) For paragraph (aa) of the definition of “local authority” substitute—
“(aa) a fire and rescue authority in Wales 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;”.
(3) In paragraph (b) of that definition, for “that Act” substitute “the Local Government Finance Act 1988”.
53 (1) Section 7(1) of the Acquisition of Land Act 1981 (interpretation) is amended as follows.
(2) For paragraph (aa) of the definition of “local authority” substitute—
“(aa) a fire and rescue authority in Wales 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;”.
(3) In paragraph (b) of that definition, for “that Act” substitute “the Local Government Finance Act 1988”.
54 (1) The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.
(2) In the provisions mentioned in sub-paragraph (3), for “fire authority” (in each place) substitute “fire and rescue authority”.
(3) The provisions are—
(a) in section 9 (application of section 10), subsections (1) and (2);
(b) in section 10 (firemen’s switches for luminous tube signs), subsections (3), (4), (5), (6), (7), (8), (9) and (10).
(4) In section 9(4) (meaning of “fire authority”), for the words from ““fire authority”” to “1947” substitute ““fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004”.
(5) In section 10, in subsections (3) and (8)(a) for “firemen” substitute “fire-fighters”.
55 In section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed limits), for “fire brigade” substitute “fire and rescue authority”.
56 (1) The Food Act 1984 is amended as follows.
(2) In section 60(d) (market byelaws), for “fire authority” substitute “fire and rescue authority”.
(3) In section 61 (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;”.
57 (1) The Building Act 1984 is amended as follows.
(2) In the provisions mentioned in sub-paragraph (3), for “fire authority” (in each place) substitute “fire and rescue authority”.
(3) The provisions are—
(a) section 15(1) (consultation with fire authority);
(b) section 24(1) (provision of exits etc);
(c) section 48(4) (effect of initial notice);
(d) section 51B(2) (effect of an amendment notice);
(e) in section 71 (requirements for entrances, exits etc in certain places), subsections (1) and (4);
(f) section 72(1) (means of escape from fire);
(g) section 81(6) (duty of local authority to provide copy of notice);
(h) in section 82(1), paragraph (i) (provisions in respect of notices under section 81);
(i) section 126 (interpretation).
58 The Local Government Act 1985 is amended as follows.
59 (1) Section 42 (reorganisation of functions) is amended as follows.
(2) Omit subsections (1)(b) and (2).
(3) In subsection (3), omit “fire or”.
60 In section 60(3) (pensions liabilities of police and fire authorities), for “fire authority” substitute “fire and rescue authority”.
61 In paragraph 5(a) of Schedule 11 (police and fire services: derelict petroleum tanks), for “fire authority” substitute “fire and rescue authority”.
62 (1) The Housing Act 1985 is amended as follows.
(2) In section 365(3) (local authorities' powers in relation to means of escape from fires), for “fire authority” substitute “fire and rescue authority”.
(3) In Schedule 1 (tenancies that are not secure tenancies), in paragraph 2(3) for the words from “fire authority” to “1959)” substitute “fire and rescue authority”.
63 (1) The Fire Safety and Safety of Places of Sport Act 1987 is amended as follows.
(2) In sections 28(10) (issue of certificates) and 29(7) (transfer of certificates), for the words from “the chief officer of police” to “for the area in which it” substitute “—
(a) the chief officer of police, and
(b) if the local authority are not the fire and rescue authority, the fire and rescue authority, and
(c) if the local authority are not the building authority, the building authority,
for the area in which the sports ground”.
(3) In section 29(8) (amendment, cancellation etc. of certificates), for the words from “the chief officer of police” to “about” substitute “—
(a) the chief officer of police, and
(b) if the local authority are not the fire and rescue authority, the fire and rescue authority, and
(c) if the local authority are not the building authority, the building authority,
about”.
(4) In section 30(8) (appeals), for paragraph (d) substitute—
“(d) if the local authority are not the fire and rescue authority, the fire and rescue authority; and
(e) if the local authority are not the building authority, the building authority.”
(5) In section 35 (powers of entry and inspection), for paragraph (c) substitute—
“(c) if the local authority are not the fire and rescue authority, the fire and rescue authority, or
(d) if the local authority are not the building authority, the building authority,”.
64 In section 842A of the Income and Corporation Taxes Act 1988 (local authorities), for subsection (2)(f) substitute—
“(f) a fire and rescue authority in Wales 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;”.
65 In Schedule 2 to the Local Government Act 1988 (public authorities required to exclude non-commercial considerations), for “fire authority constituted by a combination scheme” substitute “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”.
66 In section 19(a) of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls), for sub-paragraph (ii) substitute—
“(ii) a fire and rescue authority under the Fire and Rescue Services Act 2004; or”.
67 In the Schedule to the Environment and Safety of Information Act 1988 (authorities with duties in relation to public registers), for “fire authority” in the third column substitute “fire and rescue authority”.
68 (1) The Local Government Finance Act 1988 is amended as follows.
(2) In section 74(1) (levying bodies), in paragraph (c) for “combined fire authority,” substitute “combined fire and rescue authority in Wales”.
(3) In section 111(2)(m) (relevant authorities) and 112(2)(b) (financial administration of certain authorities), for “combined fire authority” substitute “combined fire and rescue authority”.
(4) In section 117(5) (levying bodies), in paragraph (c) for “combined fire authority,” substitute “combined fire and rescue authority in Wales”.
(5) For section 144(5) (combined fire authorities), substitute—
“(5) A combined fire and rescue authority is 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.”
69 In section 85 of the Road Traffic Act 1988 (interpretation of Part 2 of that Act), in the definition of “light passenger vehicle”, for the words from “a fire brigade” to “1947)” substitute “any matter in relation to which a fire and rescue authority has functions (whoever uses it for those purposes)”.
70 (1) Section 13 of the Football Spectators Act 1989 (licensing authority’s powers in relation to safety at football grounds) is amended as follows.
(2) In subsection (3), for the words from “the local authority” to “case)” substitute “—
(a) the local authority;
(b) the chief officer of police;
(c) if the local authority are not the fire and rescue authority, the fire and rescue authority; and
(d) if the local authority are not the building authority, the building authority.”
(3) In subsection (4), for “fire authority” substitute “fire and rescue authority”.
71 (1) The Local Government and Housing Act 1989 is amended as follows.
(2) In section 21(1) (meaning of local authority in Part 1), for paragraph (f) substitute—
“(f) 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;”.
(3) In section 67(3) (meaning of local authority in Part 5), for paragraph (h) substitute—
“(h) 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;”.
(4) In section 152(2) (meaning of relevant authority for sections 150 and 151), for paragraph (f) substitute—
“(f) 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;”.
(5) In section 155(4) (authorities that are local authorities for section 155), for paragraph (h) substitute—
“(h) 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.”
72 (1) Section 336(1) of the Town and Country Planning Act 1990 (interpretation) is amended as follows.
(2) For paragraph (aa) of the definition of “local authority” substitute—
“(aa) a fire and rescue authority in Wales 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;”.
(3) In paragraph (b) of that definition, for “that Act” substitute “the Local Government Finance Act 1988”.
73 In paragraph 15(1) of Schedule 8 to the National Health Service and Community Care Act 1990 (transitional provisions), for “fire authority” (in both places) substitute “fire and rescue authority”.
74 In section 2(2) of the Smoke Detectors Act 1991 (power of local authorities to dispense with or relax requirements in relation to smoke detectors), for “fire authority” substitute “fire and rescue authority”.
75 The Water Industry Act 1991 is amended as follows.
76 (1) Section 57 (duty to supply water for fire-fighting) is amended as follows.
(2) In subsections (2) and (4), for “fire authority” substitute “fire and rescue authority”.
(3) In subsection (5)—
(a) after “Subject to” insert “subsection (5A) and”;
(b) for “fire authority” substitute “fire and rescue authority”.
(4) After subsection (5) insert—
“(5A) Where a fire-hydrant is damaged as the result of any use made of it with the authority of a water undertaker, other than use for the purposes of fire-fighting or for any other purposes of a fire and rescue authority, the fire and rescue authority is not liable for the cost of repairing or replacing the hydrant.”
77 In section 147(1) (charging for emergency use of water)—
(a) after “Notwithstanding anything” insert “in section 38(2) of the Fire and Rescue Services Act 2004, or anything”;
(b) for “fire authority” substitute “fire and rescue authority”.
78 In paragraph 15 of Schedule 4A (premises not to be disconnected for non-payment of charges), for “fire brigade maintained in pursuance of the Fire Services Act 1947” substitute “fire and rescue authority”.
79 In section 32(2) of the Water Resources Act 1991 (rights to abstract)—
(a) in paragraph (a), for the words from “fire-fighting” to “1947)” substitute “extinguishing fires or protecting life and property in the event of fire”;
(b) in paragraph (b), after “used for” insert “either of”.
80 In section 8 of the Severn Bridges Act 1992 (vehicles subject to tolls), in subsection (5)(a) for “fire authority under the Fire Services Acts 1947 to 1959” substitute “fire and rescue authority”.
81 In section 39(1) of the Local Government Finance Act 1992 (major precepting authorities), for paragraph (da) substitute—
“(da) a fire and rescue authority in England 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;”.
82 (1) Section 18 of the Local Government Act 1992 (consequences of structural changes) is amended as follows.
(2) Omit subsection (3).
(3) In subsection (4), for paragraph (b) substitute—
“(b) his power to make a scheme under section 2 of the Fire and Rescue Services Act 2004 (combined fire and rescue authorities),”.
83 In section 1(10) of the Local Government (Overseas Assistance) Act 1993 (bodies to which power to provide advice and assistance applies), for paragraph (a) substitute—
“(a) 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;”.
84 In section 6(1) of the Welsh Language Act 1993 (meaning of public body), for paragraph (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;”.
85 (1) Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles) is amended as follows.
(2) In paragraph 4(2) (fire engines), for paragraph (b) substitute—
“(b) is used solely for purposes in relation to which a fire and rescue authority under the Fire and Rescue Services Act 2004 has functions (whoever uses it for those purposes).”
(3) In paragraph 5 (other vehicles kept by fire authorities)—
(a) for “fire authority” substitute “fire and rescue authority”;
(b) for “fire brigade service” substitute “functions”.
86 (1) The London Local Authorities Act 1995 is amended as follows.
(2) In the provisions mentioned in sub-paragraph (3), for “fire authority” (in each place) substitute “fire and rescue authority”.
(3) The provisions are—
(a) section 2 (interpretation);
(b) in section 17 (applications), subsections (1), (2) and (3);
(c) section 22(3) (variation of near beer licences);
(d) section 25(3) (powers of entry).
(4) In section 5(5) (right to stop in prohibited zones), in paragraph (c) for “fire brigade” substitute “fire and rescue authority”.
87 In section 135(1) of the Merchant Shipping Act 1995 (restrictions on transfer of oil at night), for “fire brigade” substitute “fire and rescue authority or other employer of fire-fighters”.
88 In paragraph 1 of Schedule 2 to the Audit Commission Act 1998 (accounts subject to audit), for paragraph (m) substitute—
“(m) 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;”.
89 (1) The Crime and Disorder Act 1998 is amended as follows.
(2) In section 5 (authorities responsible for strategies)—
(a) in subsection (1)(d), for “fire authority” substitute “fire and rescue authority”;
(b) in subsection (5), for the definition of “fire authority” substitute—
““fire and rescue authority” means—
(a) 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;
(b) a metropolitan county fire and civil defence authority; or
(c) the London Fire and Emergency Planning Authority;”.
(3) In section 17(2) (duty of authorities to consider crime and disorder implications), for “a fire authority constituted by a combination scheme under the Fire Services Act 1947 (c. 41)” substitute “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”.
90 The Local Government Act 1999 is amended as follows.
91 In section 1(1) (best value authorities), for paragraph (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, and a metropolitan county fire and civil defence authority;”.
92 In section 29(2)(a) (modifications of Part 1 for Wales: authorities which are not best value authorities) omit “or (e)”.
93 In section 6 of the London Local Authorities Act 2000 (parking outside designated parking places), in the amended section 5(4) of the London Local Authorities Act 1995 at paragraph (c), for “fire brigade” substitute “fire and rescue authority”.
94 In section 49(6) of the Local Government Act 2000 (authorities that must be consulted regarding principles governing conduct of members), for paragraph (l) substitute—
“(l) 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,”.
95 In Schedule 1 to the Freedom of Information Act 2000 (public authorities), for paragraph 14 substitute—
“14 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.”
96 In section 29(3)(a) of the Capital Allowances Act 2001 (expenditure incurred for fire safety), for “fire authority” (in both places) substitute “fire and rescue authority”.
97 (1) The Table in section 1(1) of the Criminal Justice and Police Act 2001 (offences leading to on the spot penalties) is amended as follows.
(2) Omit the entry for section 31 of the Fire Services Act 1947.
(3) At the end add—
| “Section 49 of the Fire and Rescue Services Act 2004 (c. 21) | Knowingly giving a false alarm of fire” |
98 (1) The Licensing Act 2003 is amended as follows.
(2) In the provisions mentioned in sub-paragraph (3), for “fire authority” (in each place) substitute “fire and rescue authority”.
(3) The provisions are—
(a) in section 5 (statement of licensing policy), subsection (3)(b);
(b) in section 13 (meaning of “responsible authority”), subsection (4)(b);
(c) in section 69 (meaning of “responsible authority”), subsection (4)(b);
(d) in section 177(8) (dancing and music in small premises), paragraph (b) of the definition of “permitted capacity”.
99 The Local Government Act 2003 is amended as follows.
100 In section 23(1) (local authorities) for paragraph (m) substitute—
“(m) 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;”.
101 In section 33(1) (interpretation of Chapter 1) for paragraph (l) substitute—
“(l) 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;”.
102 In section 99(7) (performance categories of English local authorities), in the definition of “English local authority” omit the “or” at the end of paragraph (d) and after paragraph (e) insert—
“(f) a metropolitan fire and civil defence authority,
(g) the London Fire and Emergency Planning Authority, or
(h) 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.”
103 In section 101(7) (staff transfer matters: general), omit paragraph (b) and the word “or” immediately preceding it.
104 The Fire Services Act 2003 is amended as follows.
105 (1) Section 1 (Secretary of State’s powers) is amended as follows.
(2) In subsections (1)(a), (3) and (5)(a) for “fire brigade members” substitute “employees of a fire and rescue authority”.
(3) Omit subsections (1)(b), (2) and (4) and, in subsection (5)(b), the words from “(including” to “authorities)”.
(4) In subsection (9) for “fire authority” substitute “fire and rescue authority”.
106 (1) Section 3 (supplemental provisions) is amended as follows.
(2) In subsection (2)—
(a) 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;”;
(b) omit the definitions of “fire brigade” and “fire brigade member”;
(c) in the definition of “negotiating body”—
(i) for “fire authorities” substitute “fire and rescue authorities”;
(ii) for “fire brigade members” (in both places) substitute “employees of fire and rescue authorities”.
(3) Omit subsection (3).
(4) In subsection (4)—
(a) in paragraph (b), for “fire authority or fire authorities” substitute “fire and rescue authority or fire and rescue authorities”;
(b) in paragraph (c), for “a fire brigade member there were substituted references to” substitute “employees of a fire and rescue authority there were substituted references to members of”;
(c) omit paragraph (e).
Fire and Rescue Services Act 2004