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The Fire and Rescue Services (Northern Ireland) Order 2006

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation: general

  3. PART II FIRE AND RESCUE SERVICES

    1. CHAPTER I THE NORTHERN IRELAND FIRE AND RESCUE SERVICE BOARD

      1. 3.The Northern Ireland Fire and Rescue Service Board

    2. CHAPTER II CORE FIRE AND RESCUE FUNCTIONS

      1. 4.Fire safety

      2. 5.Fire-fighting

      3. 6.Road traffic accidents

      4. 7.Emergencies

    3. CHAPTER III OTHER FUNCTIONS

      1. 8.Power to respond to other eventualities

      2. 9.Powers of Board in relation to external matters

      3. 10.General powers of the Board

      4. 11.Acquisition and disposal of land by the Board

      5. 12.Arrangements with others for assistance

      6. 13.Arrangements for carrying out of functions by others

      7. 14.Charging

    4. CHAPTER IV WATER SUPPLIES, ETC.

      1. Supply and use of water

        1. 15.Duty to secure water supply

        2. 16.Use of water

        3. 16A.Supply of water by water undertakers

        4. 16B.Emergency supply by water undertakers

      2. Fire hydrants

        1. 17.Fire hydrants

        2. 17A.Notice of works affecting water supply and fire hydrants

    5. CHAPTER V POWERS OF FIRE AND RESCUE OFFICERS

      1. Powers in the event of emergency, etc.

        1. 18.Powers of fire and rescue officers in an emergency, etc.

      2. Obtaining information

        1. 19.Powers of authorised officers in relation to obtaining information

        2. 20.Powers of authorised officers in relation to investigating fires

        3. 21.Exercise of powers under Articles 19 and 20: securing of premises

        4. 22.Articles 18 to 21: offences

    6. CHAPTER VI MISCELLANEOUS

      1. 23.False alarms

      2. 24.Interpretation of Part II

  4. PART III FIRE SAFETY

    1. CHAPTER I FIRE SAFETY DUTIES

      1. Duties

        1. 25.Duties of employers to employees

        2. 26.Duties in relation to relevant premises

        3. 27.Taking of measures under Article 25 or 26: considerations

        4. 28.Duties of employees

      2. Regulations

        1. 29.Risk assessments: power to make regulations

        2. 30.Fire safety: power to make regulations

        3. 31.Power to make further provision for protection of fire and rescue officers, etc.

      3. Special case

        1. 32.Special case: temporary suspension of fire safety duties

    2. CHAPTER II ENFORCEMENT

      1. 33.Functions of the Board

      2. 34.Powers of authorised officers

      3. 35.Exercise of powers under Article 34: securing of premises

      4. 36.Prohibition notices

      5. 37.Enforcement notices

      6. 38.Alterations notices

      7. 39.Determination of disputes

      8. 40.Appeals

    3. CHAPTER III OFFENCES

      1. 41.Offences

      2. 42.Offences by bodies corporate and partnerships

      3. 43.Offence due to fault of other person

      4. 44.Employee's act or omission not to afford employer defence

    4. CHAPTER IV MISCELLANEOUS AND GENERAL

      1. 45.Prohibition on charging employees

      2. 46.Civil liability for breach of statutory duty

      3. 47.Consequential restriction of application of Part II of Health and Safety at Work (Northern Ireland) Order 1978

      4. 48.Suspension of terms and conditions of licences dealing with same matters as this Part

      5. 49.Crown application, etc.

    5. CHAPTER V INTERPRETATION

      1. 50.Meaning of “relevant premises”

      2. 51.Meaning of “fire safety measures”

      3. 52.Interpretation of Part III

  5. PART IV FUNCTIONS OF THE DEPARTMENT

    1. 53.Framework document

    2. 54.Miscellaneous functions

    3. 55.Inspectors

    4. 56.Directions to the Board

  6. PART V SUPPLEMENTARY

    1. 57.Assaults on, and obstruction of, fire and rescue officers, etc.

    2. 58.Restriction on disclosure of information

    3. 59.Prohibition on employment of police

    4. 60.Preservation of existing pension schemes, etc.

  7. PART VI GENERAL

    1. 61.Ancillary provision

    2. 62.Orders and regulations

    3. 63.Minor and consequential amendments and repeals

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      THE NORTHERN IRELAND FIRE AND RESCUE SERVICE BOARD

      1. Status

        1. 1.(1) The Board shall not be regarded–

      2. Constitution

        1. 2.(1) The Board shall consist of the following members–

      3. Term of office

        1. 3.(1) Subject to the following provisions of this paragraph, a...

      4. Remuneration and allowances of members

        1. 4.(1) The Board shall pay to the non-executive members such...

      5. Staff, etc.

        1. 5.(1) The Board shall have– (a) a Chief Fire and...

        2. 6.(1) The Board shall pay to its employees such remuneration...

      6. Procedure

        1. 7.(1) The quorum for a meeting of the Board shall...

      7. Validity of proceedings

        1. 8.The validity of any proceedings of the Board, or of...

      8. Seal

        1. 9.(1) The application of the seal of the Board shall...

      9. Contracts, etc.

        1. 10.Any contract or instrument which, if entered into or executed...

      10. Evidence

        1. 11.A document purporting to be– (a) duly executed under the...

      11. Admission to meetings, general provisions

        1. 12.Sections 23 to 27, 31, 48, 123, 126 and 127...

      12. Committees

        1. 13.(1) The Board may– (a) constitute committees of such of...

      13. Finance

        1. 14.(1) The Department may make payments to the Board out...

        2. 15.(1) The Board shall– (a) keep proper accounts and proper...

      14. Annual report

        1. 16.(1) As soon as practicable after the end of each...

      15. The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

        1. 17.In Part II of Schedule 1 to the Northern Ireland...

      16. The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)

        1. 18.In Schedule 2 to the Commissioner for Complaints (Northern Ireland)...

      17. The Freedom of Information Act 2000 (c. 36)

        1. 19.In Part VII of Schedule 1 to the Freedom of...

      18. Interpretation

        1. 20.In this Schedule– “financial year” means– the period beginning with...

    2. SCHEDULE 2

      TRANSFER OF FUNCTIONS, ASSETS, LIABILITIES AND STAFF OF FIRE AUTHORITY FOR NORTHERN IRELAND

      1. Interpretation

        1. 1.In this Schedule “the Authority” means the Fire Authority for...

      2. Transfer of functions

        1. 2.(1) The functions exercisable by the Authority immediately before the...

      3. Transfer of assets and liabilities

        1. 3.(1) All property, rights and liabilities to which the Authority...

      4. Transfer of employed staff

        1. 4.(1) Subject to sub-paragraphs (2) and (3), this paragraph applies...

      5. References to, and acts, etc. done by, or in relation to, the Authority

        1. 5.(1) Any reference in any statutory provision or document to...

      6. Accounts: transitional arrangements

        1. 6.(1) In this paragraph “the relevant period” means the period–...

    3. SCHEDULE 3

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. The Civil Defence Act (Northern Ireland) 1950 (c. 11)

        1. 1.In section 9(1) (interpretation), in the definition of “public body”,...

      2. The Factories Act (Northern Ireland) 1965 (c. 20)

        1. 2.In section 176(1) (general interpretation), in the definition of “fire...

      3. The Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23)

        1. 3.In section 43(1) (interpretation), in the definition of “public body”,...

      4. The Office and Shop Premises Act (Northern Ireland) 1966 (c. 26)

        1. 4.In section 76(3) (expenses), for “the Fire Services (Northern Ireland)...

        2. 5.In section 81(1) (interpretation), in the definition of “fire authority”,...

      5. The Local Government Act (Northern Ireland) 1966 (c. 38)

        1. 6.In section 12(7) (contracts of the Fire Authority for Northern...

      6. The Pensions (Increase) Act (Northern Ireland) 1971 (c. 35)

        1. 7.In section 12 (fire service pensions)– (a) in subsection (1),...

        2. 8.For paragraph 16 of Schedule 2 substitute– A pension payable in accordance with any scheme under the...

      7. The Water and Sewerage Services (Northern Ireland) Order 1973 (NI 2)

        1. 9.In Article 35(1) (water for fire fighting), for the words...

      8. The Rates (Northern Ireland) Order 1977 (NI 28)

        1. 10.In Schedule 13 (hereditaments excluded from exemption), for the words...

      9. The Health and Safety at Work (Northern Ireland) Order 1978 (NI 9)

        1. 11.In Article 25(5) (provisions supplementary to Articles 23 and 24...

      10. The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

        1. 12.In Article 42(2)(a) (noise in streets), for the words “fire...

        2. 13.In Article 67(5) (bye-laws as to pleasure fairs), for the...

      11. The Road Traffic (Northern Ireland) Order 1981 (NI 1)

        1. 14.In Article 31A(7) (approval of design, construction, etc. of motor...

      12. The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)

        1. 15.In Schedule 1 (licensing places of entertainment)–

      13. The Cinemas (Northern Ireland) Order 1991 (NI 12)

        1. 16.In Article 2(2) (interpretation), for the definition of “the Fire...

        2. 17.In Articles 5, 9, 10, 15 and 16, for the...

      14. The Housing (Northern Ireland) Order 1992 (NI 15)

        1. 18.In Schedule 4 (houses in multiple occupation: means of escape...

      15. The Environment and Safety Information (Northern Ireland) Order 1993 (NI 14)

        1. 19.In Schedule 1 (relevant notices and enforcing authorities)–

      16. The Vehicle Excise and Registration Act 1994 (c. 22)

        1. 20.In Schedule 2 (exempt vehicles)– (a) in paragraph 4(2) (fire...

      17. The Merchant Shipping Act 1995 (c. 21)

        1. 21.In section 135(1) of the Merchant Shipping Act 1995 (restrictions...

      18. The Gas (Northern Ireland) Order 1996 (NI 2)

        1. 22.In Article 60 (fire authority etc. to be notified of...

      19. The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)

        1. 23.In Article 42(1) (exemption for fire engines, etc.) for the...

      20. The Capital Allowances Act 2001 (c. 2)

        1. 24.In section 29 (allowances for fire safety)–

      21. The Safety of Sports Grounds (Northern Ireland) Order 2006

        1. 25.In Article 2(2) (interpretation), for the definition of “the Fire...

        2. 26.In Article 5 (contents of safety certificates) after paragraph (3)...

        3. 27.In Articles 6 to 10, 15 to 17 and 23,...

        4. 28.In Article 7 (amendment etc. of certificates)–

        5. 29.After Article 7 insert– Safety certificates: fire safety A safety certificate has no effect to the extent that...

        6. 30.In Article 14 (contents of safety certificates for stands) after...

        7. 31.In Article 16 (amendment etc. of certificates)–

        8. 32.After Article 16 insert– Safety certificates: fire safety A safety certificate has no effect to the extent that...

        9. 33.In Article 21(3) (exclusion of other statutory requirements)–

    4. SCHEDULE 4

      REPEALS

  10. Explanatory Note

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