The Fire Services (Northern Ireland) Order 1984

Administration and financeN.I.

Establishment schemeN.I.

9.—(1) The Authority shall submit to the Department, within such period as the Department may direct, a scheme (in this Article referred to as an “establishment scheme”) making provision with respect to the control, administration and conditions of service of members of the fire brigade and other staff employed by the Authority.

(2) The establishment scheme shall provide for the appointment of—

(a)a chief fire officer, who shall be directly responsible to the Authority;

(b)such other members of the fire brigade as may be necessary for the provision of efficient fire services; and

(c)such administrative and other officers as may be necessary to assist the chief fire officer in the performance of the functions of the Authority.

(3) The Department may, with the consent of the Department of Finance and Personnel in relation to any provision concerning the appointment of the officers mentioned in paragraph (2) (c), approve an establishment scheme with or without modifications and the Authority shall comply with the scheme.

(4) The Authority may submit to the Department provisions amending an establishment scheme approved under paragraph (3) and that paragraph shall apply to those provisions or a scheme replacing an existing scheme.

(5) For the purposes of this Article the Department may make regulations as to the appointment and the conditions of service of persons employed by the Authority as members of the fire brigade, and in particular as to—

(a)the method of appointment of members of the fire brigade, their qualifications for appointment and promotion,

(b)the maintenance of discipline, and

(c)appeals against dismissal or disciplinary action (including dismissal on disciplinary grounds).

PensionsN.I.

F110.  �??

(1) The Department, with the approval of the Department of Finance and Personnel, may by order provide�??

(a)for the establishment and maintenance of one or more pension schemes for the purpose of providing pensions and other similar benefits in respect of the service of members of the fire brigade employed by the Authority;

(b)for the payment of contributions by the Authority or by members of the fire brigade, or both by the Authority and the members of the fire brigade;

(c)for securing that service with any body other than the Authority may, in such cases, upon such terms and subject to such conditions as may be specified in the order, be reckoned for superannuation purposes; and

(d)for reckoning for superannuation purposes, upon such terms and subject to such conditions as may be specified in the order, of service occurring before 14th February 1950, as well as of service occurring thereafter.

(2) The Department may by order apply, subject to such modifications and conditions as may be specified in the order and as from such date as may be so specified, as respects employees (other than members of the fire brigade) of the Authority the provisions of any statutory provision for the time being in force relating to the pensions payable to or in respect of employees of district councils.

(3) An order made under this Article may provide for�??

(a)the making as a condition precedent to the reckoning under paragraph (1) (c) of service with a body other than the Authority of�??

(i)payments (whether in the form of repayments of contributions, payments of accrued superannuation values or any other payment of whatsoever nature directed to the creation or preservation of pension rights of the person concerned) by any former employer of the person concerned or out of any superannuation fund relevant to that person's former employment;

(ii)where the person concerned has received any payment in respect of his pension rights upon ceasing to be employed in his former employment, payments by that person equal to all or any of the amounts so received;

(b)in the case of a person who having ceased to be in the employment of the Authority has entered the employment of another person, the making of payments by the Authority corresponding to any payments such as are described in sub-paragraph (a) (i);

(c)pensions and other superannuation benefits which are being paid or may become payable to or in respect of such persons as are specified in the order being persons who before the date so specified died or ceased to serve in the employment, service in which qualified them for those pensions or superannuation benefits;

and any former employer such as is referred to in sub-paragraph (a) (i) and the person having charge of any superannuation fund such as is so referred to shall have power to make the payments mentioned in sub-paragraph (a) (i) if, apart from the provisions of this paragraph, they would not have power to do so.

(4) An order under this Article may be framed so as to have effect as from a date earlier than the making of the order and section 18 (2) of the Administrative and Financial Provisions Act (Northern Ireland) 1962F2 shall not apply to any such order.

(5) [F3Without prejudice to the generality of paragraph (1), an order made under that paragraph may make provision�??]

[F3(a)] where a person, immediately before he undertakes service of a description specified in Schedule 1 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951F4 or attends for hourly instruction as defined in section 42 of that Act, is a member of the fire brigade, for treating the period of such service or instruction and such further period, if any, as may be specified in the order, on such conditions, if any, as may be so specified, as service in the employment of the Authority.

[F3(b)for the manner in which any question arising under the order is to be determined and for appeals from determinations of any such question.]

Expenditure by the AuthorityN.I.

11.—(1) Subject to this Article, the Authority may—

(a)make payments towards—

(i)expenditure reasonably incurred by a member or officer of the Authority in respect of attendance at any conference or meeting held for the purpose of discussing any matter connected with the discharge of the functions of the Authority and convened by any body or association for the time being recognised by the Department for the purposes of this Article;

(ii)any reasonable expenses incurred in purchasing reports of the proceedings of any such conference or meeting;

(b)pay any reasonable subscriptions, whether annual or otherwise, to the funds of any scientific, technical or professional association or body of persons (whether corporate or unincorporate) which carries on activities otherwise than for purposes of gain by the association or body or by individual members thereof and the objects of which are ancillary to any of the functions of the Authority;

(c)defray in whole or in part expenses reasonably incurred in the reception of visitors or the entertainment of members of the public;

(d)make payments towards the provision of amenities for the use of members of the fire brigade in fire stations; and

(e)make loans to officers of the Authority to facilitate the purchase by them of motor cars for use in connection with their official duties.

(2) The payments which the Authority may make under paragraph (1) (a) (i) towards expenditure on travelling or subsistence incurred by a member or officer of the Authority shall be at rates to be determined by the Authority but not exceeding in the case of a member of the Authority those prescribed under section 36 of the Local Government Act (Northern Ireland) 1972.

(3) Payments made under paragraph (1) (c) or (d) by the Authority in any financial year shall not, except with the consent of the Department, exceed in the aggregate £1,000 in either case.

(4) Loans under paragraph (1) (e) shall be made—

(a)in accordance with a scheme prepared by the Authority and approved by the Department; and

(b)on such conditions and at such rates of interest as the Department may, with the approval of the Department of Finance and Personnel, determine.

[F5Accounts and auditN.I.

12.—(1) The Authority shall—

(a)keep proper accounts and proper records in relation to the accounts; and

(b)prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts shall—

(a)be in such form; and

(b)contain such information,

as the Department may, with the approval of the Department of Finance and Personnel, direct.

(3) The Authority shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to—

(a)the Department; and

(b)the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General shall—

(a)examine, certify and report on every statement of accounts sent to him by the Authority under this Article; and

(b)send a copy of his report to the Department.

(5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.]

Estimates of the Authority's receipts and paymentsN.I.

13.—(1) The Authority shall, at such times and in such form as the Department, with the approval of the Department of Finance and Personnel, may direct, prepare and submit to the Department estimates of its receipts and payments during such period as may be specified in the direction and shall submit such other information relating to those estimates as the Department may require.

(2) The Authority may at any time where necessary submit a supplementary estimate to the Department.

(3) The Department may approve an estimate submitted under paragraph (1) or a supplementary estimate submitted under paragraph (2) either in whole or in part or subject to such modifications or conditions as the Department may think fit, and expenditure incurred in accordance with an estimate or supplementary estimate as so approved shall be approved expenditure for the purposes of Article 14.

Payments to the AuthorityN.I.

14.—(1) The Department shall, at such times, in such manner and subject to such conditions as the Department, with the approval of the Department of Finance and Personnel may think fit, pay to the Authority such sums as are necessary to defray approved expenditure not defrayed under paragraph (2).

(2) The Authority shall comply with such directions as the Department, with the approval of the Department of Finance and Personnel, may give as to the application of moneys which the Authority receives otherwise than under paragraph (1) or under Article 5 (5) and, to the extent that any statutory provision or any such direction does not require the moneys to be applied in a particular manner or for a particular purpose, the Authority shall apply those moneys in the defrayment of approved expenditure.

Borrowing powersN.I.

15.—(1) Subject to paragraph (2), the Authority may, by way of temporary loan or overdraft from a bank or otherwise, borrow any sums which it may temporarily require for the purposes of defraying expenses pending the receipt of moneys receivable by the Authority.

(2) The total amount for the time being outstanding on foot of borrowings by the Authority under paragraph (1) shall not exceed such sums as the Department, with the approval of the Department of Finance and Personnel, may specify to the Authority in writing and all sums borrowed by the Authority under paragraph (1) shall be repaid before the expiration of the financial year in which they are borrowed.

Annual reportN.I.

16.—(1) The Authority shall make to the Department a report of its activities in the financial year ending on 31st March in each year as soon as may be after that date,F6. . . .

(2) The Department shall lay before the Northern Ireland Assembly a copy of every report made under this Article.

Insurance by the Authority against accidents to its membersN.I.

17.—(1) The Authority may enter into a contract with any person whereby, in consideration of payments by the Authority by way of premium or otherwise, that person undertakes to pay to the Authority such sums as may be provided in the contract in the event of any member of the Authority meeting with a personal accident, whether fatal or not, while he is engaged on the business of the Authority.

(2) Any sum received by the Authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by it to, or to the personal representatives of, the member of the Authority in respect of whose accident that sum is received.

(3) The provisions of the Life Assurance Act 1774F7 shall not apply to any such contract, but any such contract shall be deemed to be insurance business within Group 1 in Part II of Schedule 2 to the Insurance Companies Act 1982F8.

Owners, occupiers, etc., not to pay for fire servicesN.I.

18.  Notwithstanding anything contained in any statutory provision, the Authority shall not be entitled to require owners or occupiers of property to make any payment in respect of fire services.