Search Legislation

Fire Services Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Fire Services Act 2003

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Fire Services Act 2003. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

E+W+N.I.

Fire Services Act 2003

2003 CHAPTER 36

An Act to confer power to set or modify the conditions of service of members of fire brigades and to give directions to fire authorities.

[13th November 2003]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1Powers of the Secretary of StateE+W+N.I.

(1)The Secretary of State may by order made by statutory instrument do one or both of the following—

(a)fix or modify the conditions of service of [F1fire brigade members] [F1employees of a fire and rescue authority];

(b)[F2give specific or general directions to fire authorities about the use or disposal of property or facilities.]

(2)[F3The provision that may be contained in directions given by virtue of subsection (1)(b) includes—

(a)provision about the use or disposal by a fire authority of property or facilities belonging to that authority;

(b)provision about the use by a fire authority of property or facilities belonging to another fire authority or to any other person who has made the property or facilities available, or is willing to do so; and

(c)provision requiring payments to be made by a fire authority to another fire authority or to any other person, in respect of the use of property or facilities.]

(3)Before making an order under this section that fixes or modifies conditions of service of [F4fire brigade members] [F4employees of a fire and rescue authority] , the Secretary of State must, if there appears to him to be a negotiating body—

(a)submit his proposals for an order to that body;

(b)allow that body at least twenty-one days to report to him about the opinions of the members of that body on the proposals; and

(c)consider any report made to him by that body within the period he has allowed.

(4)[F5Before making an order under this section containing a direction about the use or disposal of property or facilities, the Secretary of State must consult such persons who—

(a)are, in his opinion, likely to be affected by the proposed direction, or

(b)represent persons who are, in his opinion, likely to be so affected,

as he thinks fit.]

(5)The power to make an order under this section includes power—

(a)to make provision with retrospective effect fixing or modifying the pay or allowances of [F6fire brigade members] [F6employees of a fire and rescue authority] (including provision having effect from a time before the passing of this Act);

(b)to make different provision for different cases [F7(including power to make an order containing a direction applicable only to one or more particular fire authorities)];

(c)to make provision subject to exemptions and exceptions; and

(d)to make incidental, supplemental, consequential and transitional provision.

(6)The power to include retrospective provision in an order under this section does not include power retrospectively to reduce the pay and allowances payable to a person.

(7)No order shall be made under this section more than two years after the commencement of this Act, except for the purpose of revoking provision contained in a previous order.

(8)A statutory instrument containing an order under this section that makes provision authorised by subsection (1)(a) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9)It shall be the duty of a [F8fire authority] [F8fire and rescue authority] to comply with a direction contained in an order under this section.

Textual Amendments

F1Words in s. 1(1)(a) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 105(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F2S. 1(1)(b) repealed (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 105(3), Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F3S. 1(2) repealed (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 105(3), Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F4Words in s. 1(3) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 105(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F5S. 1(4) repealed (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 105(3), Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F6Words in s. 1(5)(a) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 105(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F7Words in s. 1(5)(b) repealed (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 105(3), Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F8Words in s. 1(9) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 105(4); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

2Interpretation of June 2003 agreementE+W+N.I.

For the avoidance of doubt, nothing in this Act affects the possibility of the parties agreeing on a reference to mediation, conciliation or arbitration on the interpretation of the June 2003 agreement between the Fire Brigades Union and the local authority fire service employers.

3Supplemental provisionsE+W+N.I.

(1)This Act may be cited as the Fire Services Act 2003.

(2)In this Act—

  • conditions of service” includes, in particular, conditions of service relating to pay and allowances, hours of duty or leave;

  • [F9fire authority” means an authority which is a fire authority within the meaning of the Fire Services Act 1947 (c. 41) (read with paragraph 2 of Schedule 11 to the Local Government Act 1985 (c. 51)); ][F9fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;]

  • [F10fire brigade” means a fire brigade maintained under the Fire Services Act 1947;

  • fire brigade member” means any member of a fire brigade (including a member whose employment as such is only temporary);]

  • negotiating body” means a body of persons which—

    (a)

    includes both persons representing the interests of some or all [F11fire authorities] [F11fire and rescue authorities] and persons representing the interests of some or all [F12fire brigade members] [F12employees of fire and rescue authorities]; and

    (b)

    is constituted in accordance with what appear to the Secretary of State to be appropriate arrangements for the negotiation of the conditions of service of [F12fire brigade members] [F12employees of fire and rescue authorities].

(3)[F13References in this Act to property or facilities belonging to a person include references to—

(a)land occupied by that person; and

(b)equipment or other assets or facilities the use of which is under the control of that person.]

(4)In its application to Northern Ireland, this Act has effect as if—

(a)for references to the Secretary of State there were substituted references to the Department of Health, Social Services and Public Safety;

(b)for references to a [F14fire authority or fire authorities] [F14fire and rescue authority or fire and rescue authorities] there were substituted references to the Fire Authority for Northern Ireland;

(c)for references to [F15a fire brigade there were substituted references to] [F15employees of a fire and rescue authority there were substituted references to members of] the fire brigade within the meaning of the Fire Services (Northern Ireland) Order 1984 (S.I. 1984/1821 (N.I. 11));

(d)in section 1(1), “made by statutory instrument” were omitted;

(e)[F16in section 1(2)(b) and (c), “another fire authority or to” were omitted;]

(f)for section 1(7) there were substituted—

(7)The power to make an order under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(7A)An order under this section that makes provision authorised by subsection (1)(a) shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(5)The powers conferred by this Act are in addition to those conferred by the Fire Services Act 1947 (c. 41), the Fire Services (Northern Ireland) Order 1984 (S.I. 1984/1821 (N.I. 11)) or any other enactment or instrument passed or made before the passing of this Act.

(6)There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums which are payable out of money so provided under any other Act.

(7)This Act extends to England and Wales and Northern Ireland only.

Textual Amendments

F9Words in s. 3(2) substituted (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(2)(a); S.I. 2004/2304, art. 2

F10Words in s. 3(2) repealed (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(2)(b), Sch. 2; S.I. 2004/2304, art. 2

F11Words in s. 3(2) substituted (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(2)(c)(i); S.I. 2004/2304, art. 2

F12Words in s. 3(2) substituted (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(2)(c)(ii); S.I. 2004/2304, art. 2

F13S. 3(3) repealed (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(3), Sch. 2; S.I. 2004/2304, art. 2

F14Words in s. 3(4)(b) substituted (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(4)(a); S.I. 2004/2304, art. 2

F15Words in s. 3(4)(c) substituted (E.W.) (1.10.2004 except in relation to W.) by virtue of Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(4)(b); S.I. 2004/2304, art. 2

F16S. 3(4)(e) repealed (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 106(4)(c), Sch. 2; S.I. 2004/2304, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources