Search Legislation

Fire and Rescue Services Act 2004

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Fire and Rescue Services Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Fire and Rescue Services Act 2004

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

Prospective

Fire and Rescue National FrameworkE+W

21Fire and Rescue National FrameworkE+W

(1)The Secretary of State must prepare a Fire and Rescue National Framework.

(2)The Framework—

(a)must set out priorities and objectives for fire and rescue authorities in connection with the discharge of their functions;

(b)may contain guidance to fire and rescue authorities in connection with the discharge of any of their functions;

(c)may contain any other matter relating to fire and rescue authorities or their functions that the Secretary of State considers appropriate.

(3)The Secretary of State must keep the terms of the Framework under review and may from time to time make revisions to it.

(4)The Secretary of State must discharge his functions under subsections (1) and (3) in the manner and to the extent that appear to him to be best calculated to promote—

(a)public safety,

(b)the economy, efficiency and effectiveness of fire and rescue authorities, and

(c)economy, efficiency and effectiveness in connection with the matters in relation to which fire and rescue authorities have functions.

(5)In preparing the Framework, or any revisions to the Framework which appear to him to be significant, the Secretary of State—

(a)must consult fire and rescue authorities or persons considered by him to represent them;

(b)must consult persons considered by him to represent employees of fire and rescue authorities;

(c)may consult any other persons he considers appropriate.

(6)The Framework as first prepared, and any revisions to the Framework which appear to the Secretary of State to be significant, have effect only when brought into effect by the Secretary of State by order.

(7)Fire and rescue authorities must have regard to the Framework in carrying out their functions.

22Intervention by Secretary of StateE+W

(1)This section applies if the Secretary of State considers that a fire and rescue authority is failing, or is likely to fail, to act in accordance with the Framework prepared under section 21.

(2)For the purpose of securing that the authority acts in accordance with the Framework the Secretary of State may by order require the authority—

(a)to do something;

(b)to stop doing something;

(c)not to do something.

(3)The Secretary of State may make an order under subsection (2) only if he considers that making the order would promote—

(a)public safety,

(b)the economy, efficiency and effectiveness of the fire and rescue authority in respect of which the order is made, or

(c)economy, efficiency and effectiveness in connection with the matters in relation to which fire and rescue authorities have functions.

(4)Before making an order under subsection (2) the Secretary of State must give the authority an opportunity to make representations about the order proposed.

23Intervention protocolE+W

(1)The Secretary of State must prepare, and may revise, a protocol about the exercise of his power to make an order under section 22(2).

(2)The protocol must in particular make provision about persons or descriptions of persons that the Secretary of State will consult before exercising that power.

(3)The Secretary of State must have regard to the protocol in exercising that power.

(4)In preparing the protocol, or any revisions to it which appear to him to be significant, the Secretary of State—

(a)must consult fire and rescue authorities or persons considered by him to represent them;

(b)must consult persons considered by him to represent employees of fire and rescue authorities;

(c)may consult any other persons he considers appropriate.

(5)The Secretary of State must publish the protocol for the time being in force in the manner he considers appropriate.

24Best valueE+W

(1)Sections 10 to 13 of the Local Government Act 1999 (c. 27) (best value inspections) apply in relation to a fire and rescue authority’s compliance with section 21(7) as they apply in relation to a best value authority’s compliance with the requirements of Part 1 of that Act.

(2)As applied by subsection (1), those sections have effect as if, in section 13(2)(b) and (4), for “give a direction under section 15” there were substituted “ make an order under section 22 of the Fire and Rescue Services Act 2004 ”.

25ReportE+W

(1)The Secretary of State must report to Parliament on—

(a)the extent to which fire and rescue authorities are acting in accordance with the Framework prepared under section 21;

(b)any steps taken by him for the purpose of securing that fire and rescue authorities act in accordance with the Framework.

(2)The first report under subsection (1) must be made before the end of the period of two years starting on the date when the Framework as first prepared is brought into effect.

(3)Every subsequent such report must be made beforethe end of the period of two years starting on the date on which the last such report was made.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

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 enactedversion 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

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