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The Fire and Rescue Services (Emergencies) Order (Northern Ireland) 2011

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Statutory Rules of Northern Ireland

2011 No. 360

Fire And Rescue Services

The Fire and Rescue Services (Emergencies) Order (Northern Ireland) 2011

Made

12 October 2011

Coming into operation

1 January 2012

The Department of Health, Social Services and Public Safety makes the following Order in exercise of the powers conferred by Article 7(1) and (2) of the Fire and Rescue Services (Northern Ireland) Order 2006(1), after consulting in accordance with Article 7(3) of that Order with the Board and with such other persons as it considers appropriate.

Citation and commencement

1.  This Order may be cited as the Fire and Rescue Services (Emergencies) Order (Northern Ireland) 2011 and shall come into operation on 1 January 2012.

Interpretation

2.—(1) In this Order—

“chemical, biological, radiological or nuclear incident” means an event or situation involving the release or potential release of chemical, biological or radio-active contaminants;

“emergency” means an event or situation that causes or is likely to cause—

(a)

a person to die, be seriously injured or become seriously ill, or

(b)

serious harm to the environment (including the life and health of plants and animals and the fabric of buildings);

“serious transport incident” means an event or situation involving a train, tram, ship at berth or aircraft that causes or is likely to cause a person to die, be seriously injured or become seriously ill; and

“serious flooding” means flooding that causes or is likely to cause a person to die, be seriously injured or become seriously ill and which results from —

(a)

natural causes; or

(b)

an escape of water.

(2) Any reference in this Order to protecting a person from serious harm shall be construed as a reference to protecting individuals from death, serious injury or serious illness.

Chemical, biological, radiological or nuclear incidents

3.  For the purpose of enabling action to be taken in the event of a chemical, biological, radiological or nuclear incident, the Board shall–

(a)make provision for removing chemical, biological or radio-active contaminants from a person and capturing any water used to remove such contaminants; and

(b)make arrangements for ensuring that reasonable steps are taken to prevent or limit serious harm to the environment resulting from action taken for the purpose of paragraph (a).

Search and rescue

4.—(1) The Board shall make provision for the purpose of rescuing people who may be trapped and protecting them from serious harm in the event of—

(a)a landslide;

(b)the collapse of a building, tunnel or other structure; or

(c)in the event of a serious transport incident.

(2) In this Article—

(a)“structure” does not include a tunnel or mine;

(b)“tunnel” means a man-made passage; and

(c)“mine” means a mine within the meaning of section 156 of the Mines Act (Northern Ireland) 1969(2).

(3) The function conferred by paragraph (1) shall not apply where it is reasonable for the Board to conclude that another person with search and rescue functions or specialist search and rescue capabilities can make satisfactory provision for the emergency in connection with which the function is conferred.

Serious flooding

5.  The Board shall make provision for the purpose of—

(a)rescuing people trapped, or likely to become trapped, by water, and

(b)protecting them from serious harm,

in the event of serious flooding.

Serious transport incident

6.  The Board shall make provision for the purpose of rescuing people and protecting them from serious harm in the event of a serious transport incident.

Nature of provision for emergencies

7.  For the purpose of carrying out its functions under this Order, the Board shall in particular—

(a)secure the provision of such equipment as may be necessary to meet efficiently all reasonable requirements of this Order;

(b)secure the provision of such personnel, services and training as may be necessary efficiently to meet all reasonable requirements of this Order;

(c)make arrangements in relation to preparedness activities;

(d)develop, maintain, review and revise an emergency response plan as necessary;

(e)make arrangements for dealing with calls for help and summoning personnel;

(f)make arrangements for obtaining information required or likely to be required for those purposes; and

(g)make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for those purposes.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 12th October 2011.

Legal seal

Noel McCann

A senior officer of the

Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Order)

The core functions of the Board are set out in Articles 4 to 7 of the Fire and Rescue Services (NI) Order 2006. These are functions for which the Board must make provision and include promotion of fire safety, firefighting, responding to road traffic accidents and such other functions relating to emergencies as the Department of Health, Social Services and Public Safety may specify by Order.

This Order specifies those additional functions relating to emergencies which are to be core functions. In particular it creates core functions for the Board in relation to chemical, biological, radiological and nuclear incidents, search and rescue, serious flooding and serious transport incidents. Article 7 stipulates what provision the Board must make for the specified emergency situations.

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