Office of Public Sector Information
Section 53
1 In section 67(3A) of the Explosives Act 1875 (definition of local authority), for “fire authority” substitute “fire and rescue authority”.
2 (1) Section 2 of the Forged Transfers Act 1891 (definitions) is amended as follows.
(2) For paragraph (ab) of the definition of “local authority” substitute—
“(ab) 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”.
3 In section 9 of the Celluloid and Cinematograph Film Act 1922 (definitions), in the definition of “local authority”, for “fire authority” substitute “fire and rescue authority”.
4 In section 2(1)(a) of the Petroleum (Consolidation) Act 1928 (local authorities empowered to grant petroleum-spirit licences), for “fire authority” substitute “fire and rescue authority”.
5 In section 143(3) of the London Building Act 1930 (regulations for building near a dangerous business), for “fire authority” substitute “fire and rescue authority”.
6 In section 343(1) of the Public Health Act 1936 (interpretation), omit the definition of “fire authority”.
7 The London Building Acts (Amendment) Act 1939 is amended as follows.
8 In section 20(2A) (fire precaution conditions)—
(a) for “fire authority” substitute “fire and rescue authority”;
(b) for “fire brigade personnel” in paragraph (e), substitute “fire-fighters”.
9 (1) In the provisions mentioned in sub-paragraph (2), for “fire authority” (in each place) substitute “fire and rescue authority”.
(2) The provisions are—
(a) section 20(2C) (fire precautions in certain buildings);
(b) section 34(1) (fire protection in certain new buildings);
(c) section 35(1) (fire protection in certain old buildings);
(d) in section 36 (projecting shops), subsections (1), (2) and (3);
(e) section 37(1) (access to roofs);
(f) section 38(1) (buildings storing inflammable liquid);
(g) section 39 (consent to building alterations);
(h) section 142(2)(b) (powers of entry).
10 (1) Section 11(1) of the Statutory Orders (Special Procedure) Act 1945 (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 (c) of that definition, for “that Act” substitute “the Local Government Finance Act 1988”.
11 (1) The Civil Defence Act 1948 is amended as follows.
(2) In section 1(1)(b) (civil defence functions of Ministers), for “fire brigades” substitute “employees of fire and rescue authorities”.
(3) In section 5 (civil defence obligations)—
(a) for “fire brigades” substitute “employees of fire and rescue authorities”;
(b) omit the words “and brigades”;
(c) after “respectively” insert “and by employees of fire and rescue authorities”.
(4) In section 9(1) (interpretation), omit the definition of “fire brigade”.
12 (1) The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.
(2) In section 46(3)(iii) (payments to make up civil remuneration), for “Fire Services Act 1947” substitute “Fire and Rescue Services Act 2004”.
(3) In section 61(1) (presumption of death of persons serving in forces), for paragraph (d) substitute—
“(d) a scheme made under section 34 of the Fire and Rescue Services Act 2004;”.
(4) In Schedule 2 (capacities in respect of which payments may be made to make up civil remuneration, and the paying authorities), for the entry numbered “5” substitute—
| “5 Employee of a fire and rescue authority | The fire and rescue authority.” |
13 In Schedule 4 to the Town and Country Planning Act 1959 (authorities with the power to acquire, appropriate and dispose of land), for paragraph 9 substitute—
“9 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.”
14 (1) The Caravan Sites and Control of Development Act 1960 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 (powers of local authority to attach conditions to site licences), subsections (3A), (3B) and (7);
(b) section 8(5) (power of local authority to alter conditions attached to site licences);
(c) section 24(2A) (power of local authority to provide caravan sites).
(4) In section 29(1) (interpretation), for the definition of “fire authority” substitute—
““fire and rescue authority”, in relation to any land, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the land is situated;”.
15 (1) Section 29(1) of the Land Compensation Act 1961 (interpretation) is amended as follows.
(2) For paragraph (a) of the definition of “local authority” substitute—
“(a) a charging authority or precepting authority (as defined in section 144 of the Local Government Finance Act 1988), or a combined police authority;
(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”.
16 In section 75(8) of the Public Health Act 1961 (power of local authorities to make byelaws as to pleasure fairs and roller skating rinks), for “fire authority within the meaning of the Fire Services Act 1947” substitute “fire and rescue authority under the Fire and Rescue Services Act 2004”.
17 (1) Section 37 of the Pipe-lines Act 1962 (persons to be notified of certain pipe-line accidents) is amended as follows.
(2) In subsections (1)(a) and (2)(a), after “fire” insert “and rescue authority”.
(3) In subsection (4), for paragraph (a) substitute—
“(a) “fire and rescue authority” means, in relation to any area, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area;”.
18 (1) Section 4(1) of the Stock Transfer Act 1963 (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”.
19 (1) Section 31 of the Industrial and Provident Societies Act 1965 (investments) is amended as follows.
(2) For paragraph (a)(ia) substitute—
“(ia) 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 (a)(ii), for “that Act” substitute “the Local Government Finance Act 1988”.
20 (1) The Gas Act 1965 is amended as follows.
(2) In section 17 (provisions in relation to gas-related accidents), in subsection (5)(a) for “fire authority” substitute “fire and rescue authority”.
(3) In section 28(1) (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;”.
21 (1) Section 2(1) of the Public Works Loans Act 1965 (loans to relevant authorities) is amended as follows.
(2) For paragraph (a)(ia) substitute—
“(ia) 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 (a)(ii), for “that Act” substitute “the Local Government Finance Act 1988”.
22 (1) Paragraph 1 of Schedule 4 to the National Loans Act 1968 (local loans) is amended as follows.
(2) For paragraph (a)(ia) of the definition of “local authority” substitute—
“(ia) 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 (a)(ii) of that definition, for “that Act” substitute “the Local Government Finance Act 1988”.
23 (1) The Greater London Council (General Powers) Act 1968 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 16 (consent to storage of flammable material), subsections (1), (2), (3), (4), (5) and (6);
(b) in section 17 (appeals), subsections (1), (2), (3) and (4);
(c) section 19(1) (powers of entry for inspection);
(d) section 20(1) (offences);
(e) section 24(1) (Crown application).
(4) In section 21 (circumstances where consent not required)—
(a) for “fire authority” (in each place) substitute “fire and rescue authority”;
(b) in subsection (1)(b)(iv), for “fire brigade” substitute “fire and rescue authority”.
24 (1) The Gaming Act 1968 is amended as follows.
(2) In section 43(9) (rights of entry to licensed premises), for the words from “fire authority” to “1947)” substitute “fire and rescue authority under the Fire and Rescue Services Act 2004”.
(3) In Schedule 2 (grant, renewal, cancellation and transfer of licences)—
(a) in paragraph 2(2), for the words from “appropriate fire authority” to “1947)” substitute ““appropriate fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004”;
(b) in paragraphs 5(3)(d), 13(1)(d), 14(2) and 20(1)(d), for “fire authority” substitute “fire and rescue authority”.
(4) In Schedule 3 (registration of members' clubs in England and Wales), in paragraphs 3(c), 4 and 6, for “fire authority” substitute “fire and rescue authority”.
(5) In Schedule 4 (registration of members' clubs in Scotland), in paragraph 8(b) for “fire authority” substitute “fire and rescue authority”.
25 In section 102(4) of the Transport Act 1968 (application to the Crown and exemptions), for “fire brigade” substitute “fire and rescue authority”.
26 In section 30 of the Greater London Council (General Powers) Act 1969 (savings), for paragraph (ii) substitute—
“(ii) any rights or functions exercisable by the London Fire and Emergency Planning Authority as the fire and rescue authority, or by any fire-fighters in their employment, in relation to any building, premises, way or place.”
27 The Fire Precautions Act 1971 is amended as follows.
28 (1) In the provisions mentioned in sub-paragraph (2), for “fire authority” (in each place) substitute “fire and rescue authority”.
(2) The provisions are—
(a) in section 1 (use of premises requiring fire certificate), subsections (1) and (3A);
(b) in section 3 (power of fire authority to make fire certificates compulsory), subsections (3), (4), (5) and (7);
(c) in section 4 (rights of appeal against and coming into force of section 3 notices), subsection (4);
(d) in section 5 (application for and issue of fire certificates), subsections (1), (2), (3) and (4);
(e) in section 5A (powers of fire authorities to grant exemptions), subsections (1), (2), (3), (4), (5), (7), (8) and (9);
(f) in section 5B (withdrawal of exemptions), subsections (1), (2), (3) and (5);
(g) in section 6 (contents of fire certificate), subsections (2), (5), (6) and (7);
(h) in section 8 (change of conditions affecting adequacy of certain matters specified in fire certificates, etc), subsections (1), (2), (3), (4), (5), (6), (7), (9), (11) and (12);
(i) in section 8A (change of conditions affecting premises for which exemption has been granted), subsection (1);
(j) in section 8B (charges in relation to fire certificates), subsections (1) and (3);
(k) in section 9 (rights of appeal in respect of sections 5 to 8), subsections (1), (2) and (3);
(l) in section 9A (duty as to means of escape and for fighting fire), subsection (2);
(m) in section 9D (improvement notices), subsections (1), (2), (3) and (4);
(n) in section 10 (prohibition notices), subsections (2), (3), (4) and (7);
(o) in section 12 (power of Secretary of State to make regulations about fire precautions), subsections (7), (8) and (10);
(p) in section 13 (exercise of certain powers of fire authority in England and Wales), subsections (1) and (3);
(q) in section 16 (duty of local authority to consult fire authority in certain cases), subsections (1) and (2);
(r) in section 17 (duty of fire authorities to consult other authorities before requiring building alterations), subsections (1) and (2);
(s) in section 18 (enforcement of Act), subsections (1) and (2);
(t) in section 27 (appeal from order made on complaint), subsection (1);
(u) in section 27A (civil and other liability), paragraph (a);
(v) in Schedule 2 (special provision for certain premises), paragraph 3(5).
29 In section 20 (exercise of inspectors' powers)—
(a) in subsection (1), for “officer of the fire brigade maintained by the fire authority” substitute “employee of the fire and rescue authority”;
(b) in subsection (2), for “officer of a fire brigade” substitute “employee of a fire and rescue authority” and for “the fire authority who maintain that brigade” substitute “the fire and rescue authority”.
30 Section 29 (extension of provisions of the Fire Services Act 1947 relating to inspectors and inquiries) shall cease to have effect.
31 (1) Section 40 (application to Crown) is amended as follows.
(2) In subsection (3), for “fire authority” substitute “fire and rescue authority”.
(3) In subsection (4)—
(a) for “officer of the fire brigade maintained by the fire authority” substitute “employee of the fire and rescue authority”;
(b) for “officer of a fire brigade” substitute “employee of a fire and rescue authority”;
(c) for “of the fire authority who maintain that brigade” substitute “of the fire and rescue authority”.
(4) In subsection (6), for “officer of the fire brigade maintained by the fire authority” substitute “employee of the fire and rescue authority”.
32 In section 41 (application to UK Atomic Energy Authority premises)—
(a) in paragraph (a), for “fire authority” substitute “fire and rescue authority”;
(b) in paragraph (b), for “officer of the fire brigade maintained by the fire authority” substitute “employee of the fire and rescue authority”.
33 (1) Section 43 (interpretation) is amended as follows.
(2) For the definition of “fire authority” substitute—
““fire and rescue authority”, in relation to any premises or proposed premises, 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;”.
(3) In the definition of “fire inspector”, for “section 24 of the Fire Services Act 1947” substitute “section 28 of the Fire and Rescue Services Act 2004”.
34 The Pensions (Increase) Act 1971 is amended as follows.
35 (1) Schedule 2 (official pensions) is amended as follows.
(2) For paragraphs 16 and 16A substitute—
“16 A pension payable by a Secretary of State in accordance with a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.
16A A pension which is payable—
(a) by a Secretary of State under regulations made under section 24 of the Superannuation Act 1972; and
(b) to or in respect of a person in respect of whose service a payment may be made under a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.”
(3) For paragraph 44 substitute—
“44 A pension payable by a fire and rescue authority or a Scottish fire authority in accordance with a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.”.
(4) Omit paragraph 45.
36 (1) Paragraph 6(1) of Schedule 3 (meaning of “local authority”) is amended as follows.
(2) For paragraph (a)(ia) substitute—
“(ia) 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 (a)(ii), for “that Act” substitute “the Local Government Finance Act 1988”.
37 In section 24(1)(a) of the Superannuation Act 1972 (compensation for loss of office), for “in relation to whom a Scheme may be made in accordance with section 26 of the Fire Services Act 1947 (Firemen’s Pension Scheme)” substitute “in respect of whose service payments may be made under a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004”.
38 The Local Government Act 1972 is amended as follows.
39 (1) Section 100J (authorities to which Part 5A applies) is amended as follows.
(2) In subsection (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 subsection (4)(c), for “combined fire authority” substitute “fire and rescue authority falling within subsection (1)(f) above”.
(4) Omit subsection (5).
40 Omit section 112(4)(c) (officers to whom subsection (3) does not apply).
41 (1) Section 168(5) (local financial returns: meaning of “local authority”) is amended as follows.
(2) For paragraph (aa) 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), for “that Act” substitute “the Local Government Finance Act 1988”.
42 In section 25(1) of the Local Government Act 1974 (authorities subject to investigation), for paragraph (bg) substitute—
“(bg) 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;”.
43 In section 15(7) of the Greater London Council (General Powers) Act 1974 (exemptions to offence of parking on footways, etc.), in paragraph (a)(i), for “fire brigade purposes” substitute “fire and rescue authority purposes”.
44 In section 23(4) of the Health and Safety at Work etc Act 1974 (provisions in relation to notices), for “fire authority” (in both places) substitute “fire and rescue authority”.
45 In section 62(2)(a) of the Control of Pollution Act 1974 (restrictions on use of loudspeakers in streets), for “fire brigade” substitute “fire and rescue authority”.
46 (1) Section 3 of the Greater London Council (General Powers) Act 1975 (protection for fire brigade in respect of certain substances) is amended as follows.
(2) In subsections (1), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (14), for “fire authority” (in each place) substitute “fire and rescue authority”.
(3) In subsection (15), for the definition of “fire-fighting purposes” substitute—
““fire-fighting purposes” means any purpose in relation to which a fire and rescue authority has functions under the Fire and Rescue Services Act 2004;”.
47 (1) The Safety of Sports Grounds Act 1975 is amended as follows.
(2) In sections 3(3) (applications for certificates) and 4(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 4(8) (amendment, replacement or transfer 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 5(5) (appeals: meaning of “interested party”) 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 10(8) (procedures in respect of prohibition notices), for paragraph (b) substitute—
“(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.”
(6) In section 10A(7) (appeals against prohibition notices), 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.”
(7) In section 11 (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;
(ca) if the local authority are not the building authority, the building authority; or”.
48 For paragraph 21 of Schedule 1A to the Race Relations Act 1976 (bodies subject to general statutory duty) substitute—
“21 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.”
49 (1) The Local Government, Planning and Land Act 1980 is amended as follows.
(2) In section 2(1) (authorities on whom duty to publish information applies), 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;”.
(3) In section 152(1)(a) (functions and powers of urban development corporations), for “fire authority” substitute “fire and rescue authority”.
50 (1) Paragraph 3 of Schedule 6 to the Highways Act 1980 (procedure for making and confirming certain orders) is amended as follows.
(2) For sub-paragraph (3)(a)(ia) substitute—
“(ia) 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 sub-paragraph (3)(a)(ii), for “that Act” substitute “the Local Government Finance Act 1988”.
51 In section 3(2) of the Zoo Licensing Act 1981 (consideration of applications for licences), for paragraph (c) substitute—
“(c) the fire and rescue authority under the Fire and Rescue Services Act 2004 for any area in which the whole or any part of the zoo is situated;”.
Fire and Rescue Services Act 2004