The Fire Services (Northern Ireland) Order 1984

SCHEDULES

F1 F1 SCHEDULE 1 N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1 Sch. 1 repealed (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(2), Sch. 4 (with art. 60); S.R. 2006/257, art. 2(b)(e)(ii)

F6 F6 SCHEDULE 2 N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F6 Sch. 2 repealed (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 3(5), Sch. 4 (with art. 60); S.R. 2006/257, art. 2(b)(e)(ii)

N.I.

Schedule 3—Amendments

Article 53 (2).

SCHEDULE 4 N.I. SAVINGS AND TRANSITIONAL PROVISIONS

General savings N.I.

1.  The repeal by this Order of any statutory provision shall not affect— N.I.

(a) any interests or rights (including interests in and rights in, on or over land) or ownership of any appliances, equipment or other movable property or any liabilities transferred to or vested in the Department or the Authority by virtue of any such statutory provision;

(b) any pension or allowance by way of superannuation granted or the right to which had accrued before the passing of this Order;

and a certificate of the Department under subsection (2) of section 32 of the Fire Services Act (Northern Ireland) 1947F7 that any property was transferred by virtue of any such order as was referred to in subsection (1) of that section shall continue to be conclusive evidence of that fact.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F7 1947 c. 10 (N.I.).

References to former fire authorities N.I.

2.  References in any statutory provision made before 12th April 1973 to the Northern Ireland Fire Authority or the Council of the County Borough of Belfast in its capacity as a fire authority, and any references which are to be construed as or as including such references, shall be construed as including references to the Authority. N.I.

Fire certificates under Factories Act (Northern Ireland) 1965 or Office and Shop Premises Act (Northern Ireland) 1966 N.I.

3.  In paragraphs 4 and 5— N.I.

• “Factories Act certificate” means a certificate under section 41 of the Factories Act (Northern Ireland) 1965 (means of escape in case of fire-certification by the Authority);

• “Offices Act certificate” means a fire certificate under section 29 of the Office and Shop Premises Act (Northern Ireland) 1966.

4.—(1) Where by virtue of an order under Article 22 a fire certificate becomes required in respect of any premises at a time when there is in force in respect of those premises a Factories Act certificate or an Offices Act certificate ( “the existing certificate”), the following provisions of this paragraph shall apply. N.I.

(2) The existing certificate shall continue in force (irrespective of whether the section under which it was issued remains in force) and—

(a) shall as from the said time be deemed to be a fire certificate validly issued under Part III with respect to the premises with respect to which it was issued and to cover the use or uses to which those premises were being put at that time; and

(b) may (in particular) be amended, replaced or revoked in accordance with Part III accordingly.

(3) Without prejudice to sub-paragraph (2) (b), the existing certificate, as it has effect by virtue of sub-paragraph (2), shall as from the said time be treated as imposing in relation to the premises the like requirements as were previously imposed in relation thereto by the following provisions, that is to say—

(a) if the existing certificate is a Factories Act certificate, the following provisions of the Factories Act (Northern Ireland) 1965, namely sections 42 (1), 48 (except subsections (5), (8) and (9)). 49 (1), 51 (1) and 52 (1) and (4) and, so far as it relates to a proposed increase in the number of persons employed in any premises, section 42 (3);

(b) if the existing certificate is an Offices Act certificate, the following provisions of the Office and Shop Premises Act (Northern Ireland) 1966, namely sections 30 (1), 33, 34 (1) and (2), 36 (1) and 38 (1) and, so far as it relates to a proposed increase in the number of persons employed to work in any premises at any one time, section 30 (3).

5.  Any application for a Factories Act certificate or an Offices Act certificate with respect to any premises which is pending at the time when by virtue of an order under Article 22 a fire certificate under Part III becomes required in respect of those premises shall be deemed to be an application for a fire certificate in respect of them duly made in accordance with that Part and may be proceeded with accordingly; but (without prejudice to Article 26 (2)) the Authority may, as a condition of proceeding with such an application, require the applicant to specify any matter or give it any information which would ordinarily have been required by that Article. N.I.

6.  Paragraphs 3 to 5 shall have effect, with such modification as may be necessary, in relation to certificates issued under section 85 of the Londonderry Corporation Act (Northern Ireland) 1931F8 or section 19 of the Belfast Corporation (General Powers) Act (Northern Ireland) 1948F9 . N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F8 1931 c. iv (N.I.).

F9 1948 c. i (N.I.).

Existing members of the Authority N.I.

7.—(1) Those persons who, immediately before the coming into operation of Part II of this Order, were members of the Authority shall continue as members until 30th September 1985, and Schedule 1 shall apply in relation to them. N.I.

(2) Those persons who, immediately before the coming into operation of Part II of this Order, were respectively Chairman and Vice-Chairman of the Authority shall continue to hold office until such time as the Head of the Department may appoint a Chairman and a Vice-Chairman of the Authority.

N.I.

Schedule 5—Repeals