Fire Services Act 2003

1 Powers of the Secretary of State E+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 [F1 fire brigade members] [F1 employees of a fire and rescue authority];

(b) [F2 give specific or general directions to fire authorities about the use or disposal of property or facilities.]

(2) [F3 The 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 [F4 fire brigade members] [F4 employees 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) [F5 Before 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 [F6 fire brigade members] [F6 employees 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 [F8 fire authority] [F8 fire and rescue authority] to comply with a direction contained in an order under this section.

Textual Amendments

F1 Words 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

F2 S. 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

F3 S. 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

F4 Words 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

F5 S. 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

F6 Words 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

F7 Words 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

F8 Words 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