The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005

Title, commencement and application1.

(1)

The title of this Order is the Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 and comes into force on 25 October 2005.

(2)

This Order applies in relation to Wales.

Local Government Act 20032.

In section 83(2) of the Local Government Act 20032, for the words “fire authorities” substitute “fire and rescue authorities”.

Cinematograph (Safety) Regulations 19553.

In regulation 5(3) of the Cinematograph (Safety) Regulations 19553 (fire precautions), after the words “the fire brigade” insert “or, in England or Wales, employees of the fire and rescue authority”.

Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 19634.

In article 5(b) of the Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 19634 (exceptions), after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority”.

Gaming Clubs (Licensing) Regulations 19695.

In Schedule 2 to the Gaming Clubs (Licensing) Regulations 19695 (application for grant of a licence under the Gaming Act 1968), after the words “fire authority” insert “or, in England or Wales, fire and rescue authority” in both places where the words occur.

Local Authorities etc. (Miscellaneous Provision) (No 3) Order 19746.

Article 6(6) of the Local Authorities etc. (Miscellaneous Provision) (No 3) Order 19746 (compulsory purchase orders) is amended as follows—

(a)

after the words “Fire Services Act 1947” insert “or Fire and Rescue Services Act 2004”; and

(b)

after the words “fire authority” insert “or fire and rescue authority”.

Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 19757.

(1)

The Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 19757 are amended as follows.

(2)

In paragraph 2 of Part 1 of Schedule 1 (employments to be treated as employed earners' employments for industrial injuries purposes), after the words “Great Britain” insert “as an employee of a fire and rescue authority employed for the purposes of that authority under the Fire and Rescue Services Act 2004 or”.

(3)

In paragraph 4 of column (1) of Schedule 3 (employments in respect of which persons are treated as employers for industrial injuries purposes), before the words “fire brigade” insert “fire and rescue authorities,”.

Tribunals and Inquiries (Discretionary Inquiries) Order 19758.

After paragraph 19 of the Schedule to the Tribunals and Inquiries (Discretionary Inquiries) Order 19758 (inquiries designated for the purposes of the Tribunals and Inquiries Act 1992), insert—

“19A.
Any inquiry held under section 14(3), 17(3) or 27 of the Fire and Rescue Services Act 2004.”.

Motorways Traffic (England and Wales) Regulations 19829.

In regulation 16(1)(d) of the Motorways Traffic (England and Wales) Regulations 19829 (exceptions and relaxations), for the words “a fire brigade or of an ambulance service” substitute “an ambulance service or as an employee of a fire and rescue authority employed for the purposes of that authority”.

Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 198510.

In article 3(h) of the Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 198510 (exemption under section 1 subject to conditions), after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority”.

Road Vehicles (Construction and Use) Regulations 198611.

(1)

The Road Vehicles (Construction and Use) Regulations 198611 are amended as follows.

(2)

In regulation 10B(3)(f) (vehicles to which regulation 10A applies), after “1947” insert “or, in England or Wales, a motor vehicle used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004”.

(3)

In regulation 10C(7)(d) (meaning of “trailer”), after “1947” insert “or, in England or Wales, a trailer used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004”.

(4)

In the following provisions, after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority” in each place where the words occur—

(a)

regulation 36B(14)(e) (speed limits);

(b)

regulation 37(5)(a) (audible warning instruments);

(c)

regulation 82(10)(a) (wide loads);

(d)

regulation 101(2)(a) (parking in darkness); and

(e)

regulation 107(2)(a) (leaving motor vehicles unattended).

Local Government Reorganisation (Preservation of Right to Buy) Order 198612.

In paragraph 42 of Part 1 of Schedule 1 to the Local Government Reorganisation (Preservation of Right to Buy) Order 198612 (modifications to Part V of the Housing Act 1985), for the words “a fire authority for the purposes of the Fire Services Acts 1947 to 1959” substitute “a fire and rescue authority under the Fire and Rescue Services Act 2004”.

Dangerous Substances in Harbour Areas Regulations 198713.

In regulation 30 of the Dangerous Substances in Harbour Areas Regulations 198713 (storage tanks), after the words “fire authority” insert “or, in England or Wales, fire and rescue authority” in both places where the words occur.

Safety of Sports Grounds Regulations 198714.

(1)

The Safety of Sports Grounds Regulations 198714 are amended as follows.

(2)

In regulation 5(6) (notices by local authorities)—

(a)

at the end of sub-paragraph (c) delete “and”;

(b)

after sub-paragraph (c) insert—

“(ca)
in relation to England and Wales—
(i)
the fire and rescue authority, where the local authority is not the fire and rescue authority; and
(ii)
the building authority, where the local authority is not the building authority; and”; and

(c)

in sub-paragraph (d) delete the words “Wales and”.

(3)

In paragraph 4(a) of the form contained in the Schedule (application for a safety certificate), after the words “fire authority” insert “or fire and rescue authority”.

Income Support (General) Regulations 198715.

After paragraph 7(1)(a) of Schedule 8 to the Income Support (General) Regulations 198715 (sums to be disregarded in the calculation of earnings), insert—

“(aa)
a part-time fire-fighter employed by a fire and rescue authority;”.

Housing Benefit (General) Regulations 198716.

(1)

The Housing Benefit (General) Regulations 198716 are amended as follows.

(2)

After paragraph 6(1)(a) of Schedule 3 (sums to be disregarded in the calculation of earnings), insert—

“(aa)
a part-time fire-fighter employed by a fire and rescue authority;”.

(3)

After paragraph 3(2)(a) of Schedule 3A (sums disregarded from claimant’s earnings), insert—

“(aa)
as a part-time fire-fighter employed by a fire and rescue authority;”.

Safety of Places of Sport Regulations 198817.

(1)

The Safety of Places of Sport Regulations 198817 are amended as follows.

(2)

In regulation 4(8) (notices by local authorities)—

(a)

at the end of sub-paragraph (c) delete “and”;

(b)

after sub-paragraph (c) insert—

“(ca)
in relation to England and Wales—
(i)
the fire and rescue authority, where the local authority is not the fire and rescue authority; and
(ii)
the building authority, where the local authority is not the building authority; and”; and

(c)

in sub-paragraph (d) delete the words “Wales and”.

(3)

In paragraph 4(a) of the form contained in the Schedule (application for a safety certificate), after the words “fire authority” insert “or fire and rescue authority”.

Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 198918.

In article 5(2)(c) of the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 198918 (premises exempt from requirement for fire certificate) and article 6(1) (premises qualifying for exemption from requirement for fire certificate), after the words “fire authority” insert “or, in England or Wales, fire and rescue authority”.

Fire Precautions (Sub-surface Railway Stations) Regulations 198919.

(1)

The Fire Precautions (Sub-surface Railway Stations) Regulations 198919 are amended as follows.

(2)

In the definition of “fire brigade” in regulation 2 (interpretation), after the words “fire authority” insert “or, in England or Wales, employees of a fire and rescue authority; and “members of a fire brigade” shall be interpreted accordingly”.

(3)

In regulation 12 (exemption from requirements)—

(a)

in paragraph (1) after the words “fire authority” insert “or, in England or Wales, a fire and rescue authority”; and

(b)

in paragraphs (1A) and (2) after the words “fire authority” insert “or fire and rescue authority” in both places where they occur.

Road Vehicles Lighting Regulations 198920.

In the table in regulation 3(2) of the Road Vehicles Lighting Regulations 198920 (interpretation), in paragraph (a) of the definition of “emergency vehicle”, after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority”.

Dangerous Substances (Notification and Marking of Sites) Regulations 199021.

In regulation 2(1) of the Dangerous Substances (Notification and Marking of Sites) Regulations 199021 (interpretation), in the definition of “fire authority”, after the words “Fire Services Act 1947” insert “or, in England or Wales, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the site is situated”.

Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 199022.

(1)

The Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 199022 are amended as follows.

(2)

In regulation 2(1) (interpretation), for the definition of “fire authority” substitute—

“fire and rescue authority” in relation to any road or other place, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the road or other place is situated;”.

(3)

In regulation 14(1)(a)(ii) (notice of the making of the order), for the words “fire authority” substitute “fire and rescue authority”.

Housing (Prescribed Forms) (No 2) Regulations 199023.

In Form 35 in the Schedule to the Housing (Prescribed Forms) (No 2) Regulations 199023 (closing order for part of a house in multiple occupation), for the words “Fire Authority” substitute “Fire and Rescue Authority”.

Channel Tunnel (Fire Services, Immigration and Prevention of Terrorism) Order 199024.

Article 2 of the Channel Tunnel (Fire Services, Immigration and Prevention of Terrorism) Order 199024 (fire services) is amended as follows—

(a)

in paragraph (1), for the words from “For the purpose of” to “shall have effect” substitute “For the purpose of enabling functions to be exercised under the Fire and Rescue Services Act 2004 (“the 2004 Act”), including the making of such schemes and arrangements as may be made under sections 13(1), 15(1) and 16(1) of the 2004 Act, that Act shall have effect”;

(b)

in paragraph (1)(b)(i), for the words “fire authority within the meaning of the 1947 Act” substitute “fire and rescue authority under the 2004 Act”;

(c)

in paragraph (1)(b)(ii), for the words “members of a brigade maintained by that authority were members of a brigade maintained in pursuance of that Act” substitute “employees of that authority were employees of a fire and rescue authority”;

(d)

for paragraph (2) substitute—

“(2)
Where, in connection with the exercise of any functions under the 2004 Act in relation to the tunnel system, an employee of a fire and rescue authority is in transit to or from the tunnel system and is outside the United Kingdom he or she shall be treated as if he or she were an employee of a fire and rescue authority outside its area under section 11(4) of the 2004 Act.”;

(e)

in paragraph (3), for the words “fire authority” substitute “fire and rescue authority”; and

(f)

in paragraph (4), for the words “Section 2(3), (5) and (9) and section 12(2) to (5) of the 1947 Act” substitute “Section 14(2) and (3) and section 17 of the 2004 Act”.

Public Works Contracts Regulations 1991F125.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Road Traffic (Temporary Restrictions) Procedure Regulations 199226.

In regulation 2(1) of the Road Traffic (Temporary Restrictions) Procedure Regulations 199226 (interpretation), in the definition of “fire authority”, after the words “Fire Services Act 1947” insert “or, in England or Wales, the fire and rescue authority for that area under the Fire and Rescue Services Act 2004”.

Housing (Right to Buy) (Prescribed Persons) Order 199227.

In the Schedule to the Housing (Right to Buy) (Prescribed Persons) Order 199227 (which prescribes certain persons for the purposes of section 130(2)(a) of, and paragraph 8 of Schedule 4 to, the Housing Act 1985), for the words “a fire authority for the purposes of the Fire Services Acts 1947 to 1959” substitute “a fire and rescue authority under the Fire and Rescue Services Act 2004”.

Council Tax Benefit (General) Regulations 199228.

(1)

The Council Tax Benefit (General) Regulations 199228 are amended as follows.

(2)

After paragraph 6(1)(a) of Schedule 3 (sums to be disregarded in the calculation of earnings), insert—

“(aa)
a part-time fire-fighter employed by a fire and rescue authority;”.

(3)

After paragraph 3(2)(a) of Schedule 3A (sums disregarded from claimant’s earnings), insert—

“(aa)
as a part-time fire-fighter employed by a fire and rescue authority;”.

Child Support (Maintenance Assessments and Special Cases) Regulations 199229.

After paragraph 1(1)(i)(ii) of Part 1 of Schedule 1 to the Child Support (Maintenance Assessments and Special Cases) Regulations 199229 (earnings of an employed earner), insert—

“(iia)
a part-time fire-fighter employed by a fire and rescue authority;”.

Motor Vehicles (Wearing of Seat Belts) Regulations 199330.

In regulation 6(1)(f) of the Motor Vehicles (Wearing of Seat Belts) Regulations 199330 (exemptions), after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority”.

Public Services Contracts Regulations 1993F231.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education (Special Educational Needs) (Approval of Independent Schools) Regulations 199432.

In paragraph 5 of Schedule 2 to the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 199432 (further requirements to be complied with while approval is in force)—

(a)

for the words “fire authority” substitute “fire and rescue authority” in both places where they occur; and

(b)

in sub-paragraph (1) for the words “section 1(1)(f) of the Fire Services Act 1947” substitute “section 6(2)(b) of the Fire and Rescue Services Act 2004”.

Public Supply Contracts Regulations 1995F333.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marriages (Approved Premises) Regulations 199534.

In paragraph 3 of Schedule 1 to the Marriages (Approved Premises) Regulations 199534 (requirements for the grant of approval), after the words “fire authority” insert “or, in England or Wales, fire and rescue authority”.

Goods Vehicles (Licensing of Operators) Regulations 199535.

In paragraph 6 of Part 1 of Schedule 3 to the Goods Vehicles (Licensing of Operators) Regulations 199535 (exempt vehicles), after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority”.

Jobseeker’s Allowance Regulations 199636.

(1)

The Jobseeker’s Allowance Regulations 199636 are amended as follows.

(2)

In regulation 4 (interpretation of Parts II, IV and V), in the definition of “part-time member of a fire brigade” after the words “Fire Services Acts 1947 — 1959” insert “or, in England or Wales, a part-time fire-fighter employed by a fire and rescue authority”.

(3)

After regulation 53(d)(i) (persons treated as not engaged in remunerative work ), insert—

“(ia)
a part-time fire-fighter employed by a fire and rescue authority;”.

(4)

After paragraph 9(1)(a) of Schedule 6 (sums to be disregarded in the calculation of earnings), insert—

“(aa)
a part-time fire-fighter employed by a fire and rescue authority;”.

Construction (Health, Safety and Welfare) Regulations 1996F437.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 199638.

In regulation 6 of the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 199638 (consultation)—

(a)

in paragraph (1) for the words “In case (b) the chief officer of the fire brigade of the fire authority” substitute “In case (b) the fire and rescue authority”;

(b)

in paragraph (2) for the definition of “fire authority” substitute—

““fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the road or place is situated;”.

Social Security Benefit (Computation of Earnings) Regulations 199639.

After paragraph 9(a) of Schedule 1 to the Social Security Benefit (Computation of Earnings) Regulations 199639 (sums to be disregarded in the calculation of earnings), insert—

“(aa)
a part-time fire-fighter employed by a fire and rescue authority;”.

Housing Renewal Grants Regulations 199640.

In paragraph 8(1)(a) of Schedule 2 to the Housing Renewal Grants Regulations 199640 (sums to be disregarded in the determination of earnings), for the words “a part-time fireman in a fire-brigade maintained in pursuance of the Fire Services Acts 1947 to 1959” substitute “a part-time fire-fighter employed by a fire and rescue authority”.

Fire Precautions (Workplace) Regulations 199741.

(1)

The Fire Precautions (Workplace) Regulations 199741 are amended as follows.

(2)

In regulation 2(1) (interpretation), in the definition of “fire authority”, after the words “Fire Services Act 1947” insert “or, in England or Wales, a fire and rescue authority under the Fire and Rescue Services Act 2004”.

(3)

In regulation 18—

(a)

in paragraph (5)—

(i)

after the words “fire brigade” insert “or, in England or Wales, employee of a fire authority”; and

(ii)

after the words “maintain that brigade” insert “or who employ that person”.

(b)

in paragraph (6), after the words “the Fire Services Act 1947” insert “or section 28 of the Fire and Rescue Services Act 2004”.

(4)

In regulation 20(b) after the words “fire authority” insert “or, in England or Wales, employee of a fire and rescue authority”.

Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 199742.

In the following provisions of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 199742, after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority” in each place where the words occur—

(a)

regulation 12(1)(e) (significance of vehicular light signals at Pelican crossings);

(b)

regulation 13(1)(f) (significance of vehicular light signals at Puffin crossings); and

(c)

regulations 21(c) (exceptions to regulation 20).

Combined Fire Authorities (Protection from Personal Liability) (Wales) Order 199743.

(1)

The Combined Fire Authorities (Protection from Personal Liability) (Wales) Order 199743 is amended as follows.

(2)

For regulation 2 (interpretation), substitute—

“Interpretation2.
In this Order “combination scheme” means a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.”.

(3)

In article 3 (protection from personal liability)—

(a)

for article 3(1), substitute—

“(1)
This article applies to a fire and rescue authority constituted by a combination scheme”; and

(b)

in article 3(2), for the words “fire authority” substitute “fire and rescue authority”.

Police Information Technology Organisation (Additional Bodies) Order 199844.

In paragraph 1(j) of article 2 of the Police Information Technology Organisation (Additional Bodies) Order 199844 (bodies for which PITO may carry out activities), after the words “fire authority” insert “or fire and rescue authority”.

Health and Safety (Enforcing Authority) Regulations 199845.

In regulation 4(3)(e) of the Health and Safety (Enforcing Authority) Regulations 199845 (exceptions), after the words “the Fire Precautions Act 1971” insert “or, in England or Wales, a fire and rescue authority under the Fire and Rescue Services Act 2004”.

Combined Fire Authorities (Secure Tenancies) (Wales) Regulations 199846.

(1)

The Combined Fire Authorities (Secure Tenancies) (Wales) Regulations 199846 are amended as follows.

(2)

For regulation 2 (interpretation), substitute—

“Interpretation2.
In these Regulations “combination scheme” means a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.”.

(3)

In regulation 3 (secure tenancies)—

(a)

for regulation 3(1), substitute—

“(1)
This regulation applies in relation to a fire and rescue authority constituted by a combination scheme.”; and

(b)

in regulation 3(2), for the words “combined fire authority” substitute “fire and rescue authority”.

Crime and Disorder Strategies (Prescribed Descriptions) Order 199847.

In article 3(2) of the Crime and Disorder Strategies (Prescribed Descriptions) Order 199847, for sub-paragraph (v) substitute—

“the fire and rescue authority under the Fire and Rescue Services Act 2004 for that area;”.

Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No 1) Order 199848.

In Schedule 1 to the Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No 1) Order 199848 (meaning of “United Kingdom Public Authority”), after paragraph 1(g) insert—

“(ga)
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;”.

Highways (Road Humps) Regulations 199949.

In regulation 3(b) of the Highways (Road Humps) Regulations 199949 (consultation), for the words “the chief officer of the fire brigade” substitute “the fire and rescue authority”.

Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 199950.

In Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 199950 (employment to which the Order applies), after paragraph 1 of section 6 insert—

“1A.
A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.”.

Motor Vehicles (Driving Licences) Regulations 199951.

(1)

The Motor Vehicles (Driving Licences) Regulations 199951 are amended as follows.

(2)

In regulation 23(1) (persons by whom theory tests may be conducted)—

(a)

in paragraph (d), omit the words “In Wales, a person appointed by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947 or,”; and

(b)

after paragraph (d), insert—

“(da)
in England or Wales, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;”.

(3)

In regulation 24(1) (persons by whom practical and unitary tests may be conducted)—

(a)

in paragraph (c), omit the words “In Wales, a person appointed by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947 or,”; and

(b)

after paragraph (c), insert—

“(ca)
in England or Wales, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;”.

Local Government (Best Value) Performance Plans and Reviews Order 199952.

In article 2(b) of the Local Government (Best Value) Performance Plans and Reviews Order 199952 delete the words “or (e)” and “and fire”.

Building (Approved Inspectors etc.) Regulations 200053.

(1)

The Building (Approved Inspectors etc.) Regulations 200053 are amended as follows.

(2)

In regulation 2(1) (interpretation), for the definition of “fire authority” substitute—

““fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the premises are or are to be situated;”.

(3)

In the following provisions, for the words “fire authority” substitute “fire and rescue authority” in each place where the words occur—

(a)

regulation 13 (approved inspector’s consultation with the fire authority);

(b)

Schedule 2 (forms);

(c)

Schedule 3 (grounds for rejecting an initial notice etc.);

(d)

Schedule 4 (grounds for rejecting a plans certificate etc.);

(e)

Schedule 6 (grounds for rejecting a public body’s notice etc.);

(f)

Schedule 7 (grounds for rejecting a public body’s plans certificate etc.); and

(g)

Schedule 8 (grounds for rejecting a public body’s public certificate).

Child Support (Maintenance Calculations and Special Cases) Regulations 200054.

After paragraph 4(2)(g)(ii) of the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations 200054 (calculation of earnings), insert—

“(iia)
a part-time fire-fighter employed by a fire and rescue authority;”.

Conduct of Members (Principles) (Wales) Order 200155.

In article 2 of the Conduct of Members (Principles) (Wales) Order 200155, in the definition of “relevant authority” for paragraph (d) substitute—

“(d)
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, and”.

Code of Conduct (Non-Qualifying Local Government Employees) (Wales) Regulations 200156.

In regulation 2 of the Code of Conduct (Non-Qualifying Local Government Employees) (Wales) Regulations 200156 (interpretation)—

(a)

for the definition of “fire-fighter”, substitute —

““firefighter” (“diffoddwr tân”) means a firefighter employed by a fire and rescue authority”;

(b)

for the definition of “fire authority” substitute—

““fire and rescue authority” (“awdurdod tân ac achub”) means a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.”

Standards Committees (Grants of Dispensations) (Wales) Regulations 200157.

In regulation 1 of the Standards Committees (Grants of Dispensations) (Wales) Regulations 200157 (interpretation) in the definition of “relevant authority”, for the words “fire authority” substitute “fire and rescue authority”.

Code of Conduct (Qualifying Local Government Employees) (Wales) Order 200158.

In article 2 of the Code of Conduct (Qualifying Local Government Employees) (Wales) Order 200158 (interpretation), in the definition of “relevant authority” for paragraph (d) substitute—

“(d)
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.”

Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 200159.

In regulation 2 of the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 200159 (interpretation), in the definition of “relevant authority” for the words “a fire authority constituted by a combination scheme under the Fire Services Act 1947” substitute “a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies”.

Standards Committees (Wales) Regulations 200160.

In regulation 2 of the Standards Committees (Wales) Regulations 200160 (interpretation), for the definition of “fire authority” substitute “a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies”.

Local Authorities (Alternative Arrangements) (Wales) Regulations 200161.

In Schedule 1 to the Local Authorities (Alternative Arrangements) (Wales) Regulations 200161 (functions not to be the responsibility of an authority’s board), for H2 substitute—

(a)

in the first column, the words “2 Functions under the Fire-fighters' Pension (Wales) Scheme relating to pensions, etc as respects persons employed by fire and rescue authorities pursuant to section 1 of the Fire and Rescue Services Act 2004”; and

(b)

in the second column, the words “Sections 34 and 36 of the Fire and Rescue Services Act 2004 (c. 21)”.

Race Relations Act 1976 (Statutory Duties) Order 200162.

In Schedule 1 to the Race Relations Act 1976 (Statutory Duties) Order 200162 (bodies and other persons required to publish race equality schemes), after the entry for a fire authority constituted by a combination scheme under section 5 or 6 of the Fire Services Act 1947 insert—

“A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.”.

Conduct of Members (Model Code of Conduct) (Wales) Order 200163.

(1)

The Conduct of Members (Model Code of Conduct) (Wales) Order 200163 is amended as follows.

(2)

In article 2 (interpretation) in the definition of “relevant authority” for paragraph (d) substitute—

“(d)
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.”

(3)

In article 4(1) (provisions to be disapplied), for the words “fire authority” substitute “fire and rescue authority”.

(4)

In the title of the Schedule (model code of conduct), for the words “FIRE AUTHORITIES” substitute “FIRE AND RESCUE AUTHORITIES”.

Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 200164.

In Schedule 1 to the Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 200164 (functions not to be the responsibility of an authority’s executive), for H2 substitute—

(a)

in the first column, the words “2 Functions under the Fire-fighters' Pension (Wales) Scheme relating to pensions, etc as respects persons employed by fire and rescue authorities pursuant to section 1 of the Fire and Rescue Services Act 2004”; and

(b)

in the second column, the words “Sections 34 and 36 of the Fire and Rescue Services Act 2004 (c. 21)”.

Care Homes (Wales) Regulations 200265.

(1)

The Care Homes (Wales) Regulations 200265 are amended as follows.

(2)

In regulation 2(1) (interpretation), for the definition of “fire authority” substitute—

““fire and rescue authority” (“awdurdod tân ac achub”) means, in relation to a care home, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the care home is situated;”.

(3)

In regulation 24(4)(f) (fitness of premises), for the words “fire authority” substitute “fire and rescue authority”.

Local Government (Best Value) Performance Plans and Reviews Amendment and Specified Dates Order 200266.

In article 2(b) of the Local Government (Best Value) Performance Plans and Reviews Amendment and Specified Dates Order 200266 delete the words “or (e)” and “and fire”.

Private and Voluntary Health Care (Wales) Regulations 200267.

Regulation 24 of the Private and Voluntary Health Care (Wales) Regulations 200267 (fitness of premises) is amended as follows—

(a)

in paragraph (4)(f) for the words “fire authority” substitute “fire and rescue authority”; and

(b)

for paragraph (5) substitute—

“(5)
In this regulation “fire and rescue authority” in relation to an establishment or agency, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the establishment or agency is situated.”.

Children’s Homes (Wales) Regulations 200268.

Regulation 31 of the Children’s Homes (Wales) Regulations 200268 (fire precautions) is amended as follows—

(a)

in paragraph (1) for the words “fire authority” substitute “fire and rescue authority”; and

(b)

for paragraph (2) substitute—

“(2)
In this regulation, “fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which a children’s home is situated.”.

The Local Government Best Value (Exclusion of Non-commercial Considerations) (Wales) Order 200269.

For article 1(2) of the Local Government Best Value (Exclusion of Non-commercial Considerations) (Wales) Order 200269, substitute—

“(2)
This Order applies to all best value authorities in Wales, except police authorities.”.

Child Minding and Day Care (Wales) Regulations 200270.

Regulation 21 of the Child Minding and Day Care (Wales) Regulations 200270 is amended as follows—

(a)

in paragraph (1)(f) for the words “fire authority” substitute “fire and rescue authority”; and

(b)

for paragraph (2) substitute—

“(2)
In this regulation “fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the relevant premises are situated.”.

Radioactive Material (Road Transport) Regulations 200271.

In regulation 69(2)(a) of the Radioactive Material (Road Transport) Regulations 200271 (duties of drivers etc. in the event of a radiological emergency), after the words “fire brigade” insert “or, in England or Wales, the fire and rescue authority”.

State Pension Credit Regulations 200272.

After paragraph 2(2)(a) of Schedule VI to the State Pension Credit Regulations 200272 (sums disregarded from claimant’s earnings), insert—

“(aa)
as a part-time fire-fighter employed by a fire and rescue authority;”.

Control of Asbestos at Work Regulations 2002F573.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Traffic Signs Regulations and General Directions 200274.

(1)

The Traffic Signs Regulations and General Directions 200274 are amended as follows.

(2)

In the following provisions, after the words “fire brigade” insert “or, in England or Wales, fire and rescue authority” in each place where the words occur—

(a)

regulation 15(2) (significance of a certain sign);

(b)

regulation 26(5)(b) (road markings shown in a certain diagrams);

(c)

regulation 27(3)(c) (road markings shown in certain diagram);

(d)

regulation 36(1)(b) (significance of light signals prescribed by certain regulations); and

(e)

paragraph 4(1)(a) of Schedule 19 (bus stop and bus stand clearways and box junctions).

The Local Government (Best Value) Performance Indicators and Performance Standards Order 200375.

The Local Government (Best Value) Performance Indicators and Performance Standards Order 200375 is revoked.

Residential Family Centres (Wales) Regulations 200376.

Regulation 22 of the Residential Family Centres (Wales) Regulations 200376 (fire precautions) is amended as follows—

(a)

in paragraph (1), for the words “fire authority” substitute “fire and rescue authority”; and

(b)

for paragraph (2) substitute—

“(2)
In this regulation, “fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which a residential family centre is situated.”.

Regulation of Investigatory Powers (Communications Data) Order 200377.

(1)

The Regulation of Investigatory Powers (Communications Data) Order 200377 is amended as follows.

(2)

In Part 1 of Schedule 2 (individuals in additional public authorities that may acquire all types of communication), after the words “Any fire authority within the meaning of the Fire Services Act 1947 (read with paragraph 2 of Schedule 11 to the Local Government Act 1985)” insert “or any fire and rescue authority under the Fire and Rescue Services Act 2004”.

(3)

In Part 2 of Schedule 2 (individuals in the public authorities specified in Part 1 that may only acquire certain types of communication), after the words “Any fire authority within the meaning of the Fire Services Act 1947 (read with paragraph 2 of Schedule 11 to the Local Government Act 1985)” insert “or any fire and rescue authority under the Fire and Rescue Services Act 2004”.

Independent School Standards (Wales) Regulations 200378.

(1)

The Independent School Standards (Wales) Regulations 200378 are amended as follows.

(2)

In regulation 2 (interpretation), for the definition of “fire authority” substitute—

““fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;”.

(3)

In paragraph 3(5)(b) of the Schedule (independent schools standards), for “Fire Authority” substitute “fire and rescue authority”.

Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 200479.

(1)

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 200479 are amended as follows.

(2)

In regulation 2(1) (interpretation), after the definition of “fire authority” insert—

““fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004;”;

(3)

In regulation 6 (application to armed forces)—

(a)

in paragraph (2)(a)(ii)(bb)—

(i)

omit the words “the chief fire officer (as respects England and Wales) or”;

(ii)

for the word “or” at the end, substitute “and”; and

(b)

after paragraph (2)(a)(ii)(bb) insert—

“(cc)
the fire and rescue authority (as respects England or Wales) for each area in which the place selected for training is situated; or”.

Local Authorities (Allowance for Members of Fire Authorities) (Wales) Regulations 200480.

In regulation 2 of the Local Authorities (Allowances for Members of Fire Authorities) (Wales) Regulations 200480 (interpretation), for the definition of “fire authority” substitute—

““fire authority” (“awdurdod tân”) means a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;”.