SCHEDULES

Article 3 (3).

SCHEDULE 1N.I.THE FIRE AUTHORITY FOR NORTHERN IRELAND

PART 1N.I.CONSTITUTION

Appointment of membersN.I.

1.—(1) Subject to this Schedule, the authority shall consist of the following persons appointed by the Head of the Department, namely;

(a)a Chairman.

(b)a Vice-Chairman, and

(c)fifteen other members.

[F1(2) Of the other members a minimum of eight shall be members of district councils appointed after consultation with such district councils and such associations or bodies representative of councils as appear to the Department to be desirable.]

(4) A member of the Authority shall hold office for such period, not exceeding 4 years, as the Head of the Department shall specify upon appointing him.

Para. 2 rep. by 1998 NI 11

3.—(1) In appointing a person to fill a casual vacancy occurring in the membership of the Authority, the Head of the Department shall where the member being[F2 replaced was appointed after such consultation as is mentioned in paragraph 1(2), appoint a person after further such consultation].

(2) A casual vacancy shall be filled within 3 months after the occurrence of the vacancy or within such further time as the Department may allow.

4.  The Authority may pay to its Chairman, Vice-Chairman and other members such remuneration and such other allowances as the Department may, with the approval of the Department of Finance and Personnel, determine.

Resignation and disqualification of membersN.I.

5.  A member of the Authority may resign his membership by giving notice in writing to[F3 the Head of the Department].

6.  Where any member of the Authority is absent from the meetings thereof for more than 6 months consecutively (except for a reason approved by the Head of the Department) or becomes bankrupt or makes a composition with his creditors or is convicted of an indictable offence, the Authority shall forthwith by resolution declare the office to be vacant and shall notify that fact to the Head of the DepartmentF4. . . and thereupon the office shall become vacant.

7.  The Head of the Department may, by notice in writing addressed to a member, terminate his appointment as a member of the Authority if of the opinion that he is unfit to continue in office or incapable of performing his duties as a member.

8.—(1) A member of the Authority who is concerned, by himself or his partner or through any company of which he is a director or with the management of which he is associated in any similar capacity, in any contract or bargain entered into with the Authority, or who participates by himself or his partner or through such company in the profit of any such contract or bargain or in any work done in pursuance thereof, shall become permanently disqualified from membership of the Authority unless—

(a)before the contract or bargain is entered into he makes full disclosure of any such interest as aforesaid; and

(b)he abstains from voting upon any matter connected therewith.

(2) A general notice given to the Authority by a member to the effect that he is a member or associated with the management of a specified company or firm and is to be regarded as interested in any contract or bargain which may, after the date of the notice, be entered into with that company or firm shall be deemed to be a full disclosure within the meaning of this paragraph in relation to any contract or bargain so entered into.

9.  A person who is a member of the Authority or a partner in business of that person or a director of any company of which that person is a director, shall not be appointed to any office or place of profit nor be engaged in any remunerative employment by or under the Authority during the continuance or within 6 months after the determination of the membership of that person.

10.  A member of the Authority on vacating his office at the expiration of the term thereof shall, subject to paragraph 8, be eligible for re-appointment.

PART IIN.I.PROCEEDINGS

11.—(1) Where at any meeting of the Authority both the Chairman and the Vice-Chairman are absent, the Chairman at that meeting shall be such member of the Authority present as the members attending the meeting shall elect.

(2) The chairman at any meeting of the Authority shall, in addition to his right to vote as a member of the Authority, have a casting vote.

12.  The Authority may act notwithstanding a vacancy in its number so long as that number is not reduced below 8.

13.  No defect in the appointment of any person acting as a member of the Authority shall vitiate any proceedings of the Authority in which he has taken part.

14.—(1) the seal of the Authority shall be authenticated by the signature of the Chairman or another member of the Authority authorised by it to act in that behalf, and of an officer of the Authority authorised as aforesaid.

(2) Without prejudice to Article 3 (2) and section 19 (1) (c) of the Interpretation Act (Northern Ireland) 1954, every document purporting to be an instrument issued by the Authority and signed by an officer of the Authority authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be such an instrument without further proof.

Article 5 (3).

SCHEDULE 2N.I.APPLICATION OF PROVISION OF THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972

1.  Section 97 of, and Schedule 6 to, the Local Government Act (Northern Ireland) 1972 (in this Schedule referred to as “the Act”) shall have effect subject to the modifications and adaptations set forth in the following paragraph.

2.  For section 97 (1) and (2) of the Act the following subsections shall be substituted—

“(1) A vesting order shall vest the land to which it relates in the Authority in accordance with, and subject to, Schedule 6” .

3.  In Schedule 6 to the Act—

(a)references to a council or the council shall be construed as references to the Authority;

(b)the reference to the clerk of the council shall be construed as a reference to such officer of the Authority as the Authority may designate;

(c)references to the Compensation Fund shall be construed as references to the revenues of the Authority;

(d)in paragraph 1 for “A council which” there shall be substituted “ The Authority where it ”;

(e)paragraph 19 shall be omitted.

N.I.

Schedule 3—Amendments

Article 53 (2).

SCHEDULE 4N.I.SAVINGS AND TRANSITIONAL PROVISIONS

General savingsN.I.

1.  The repeal by this Order of any statutory provision shall not affect—

(a)any interests or rights (including interests in and rights in, on or over land) or ownership of any appliances, equipment or other movable property or any liabilities transferred to or vested in the Department or the Authority by virtue of any such statutory provision;

(b)any pension or allowance by way of superannuation granted or the right to which had accrued before the passing of this Order;

and a certificate of the Department under subsection (2) of section 32 of the Fire Services Act (Northern Ireland) 1947F5 that any property was transferred by virtue of any such order as was referred to in subsection (1) of that section shall continue to be conclusive evidence of that fact.

References to former fire authoritiesN.I.

2.  References in any statutory provision made before 12th April 1973 to the Northern Ireland Fire Authority or the Council of the County Borough of Belfast in its capacity as a fire authority, and any references which are to be construed as or as including such references, shall be construed as including references to the Authority.

Fire certificates under Factories Act (Northern Ireland) 1965 or Office and Shop Premises Act (Northern Ireland) 1966N.I.

3.  In paragraphs 4 and 5—

• “Factories Act certificate” means a certificate under section 41 of the Factories Act (Northern Ireland) 1965 (means of escape in case of fire-certification by the Authority);

• “Offices Act certificate” means a fire certificate under section 29 of the Office and Shop Premises Act (Northern Ireland) 1966.

4.—(1) Where by virtue of an order under Article 22 a fire certificate becomes required in respect of any premises at a time when there is in force in respect of those premises a Factories Act certificate or an Offices Act certificate ( “the existing certificate”), the following provisions of this paragraph shall apply.

(2) The existing certificate shall continue in force (irrespective of whether the section under which it was issued remains in force) and—

(a)shall as from the said time be deemed to be a fire certificate validly issued under Part III with respect to the premises with respect to which it was issued and to cover the use or uses to which those premises were being put at that time; and

(b)may (in particular) be amended, replaced or revoked in accordance with Part III accordingly.

(3) Without prejudice to sub-paragraph (2) (b), the existing certificate, as it has effect by virtue of sub-paragraph (2), shall as from the said time be treated as imposing in relation to the premises the like requirements as were previously imposed in relation thereto by the following provisions, that is to say—

(a)if the existing certificate is a Factories Act certificate, the following provisions of the Factories Act (Northern Ireland) 1965, namely sections 42 (1), 48 (except subsections (5), (8) and (9)). 49 (1), 51 (1) and 52 (1) and (4) and, so far as it relates to a proposed increase in the number of persons employed in any premises, section 42 (3);

(b)if the existing certificate is an Offices Act certificate, the following provisions of the Office and Shop Premises Act (Northern Ireland) 1966, namely sections 30 (1), 33, 34 (1) and (2), 36 (1) and 38 (1) and, so far as it relates to a proposed increase in the number of persons employed to work in any premises at any one time, section 30 (3).

5.  Any application for a Factories Act certificate or an Offices Act certificate with respect to any premises which is pending at the time when by virtue of an order under Article 22 a fire certificate under Part III becomes required in respect of those premises shall be deemed to be an application for a fire certificate in respect of them duly made in accordance with that Part and may be proceeded with accordingly; but (without prejudice to Article 26 (2)) the Authority may, as a condition of proceeding with such an application, require the applicant to specify any matter or give it any information which would ordinarily have been required by that Article.

6.  Paragraphs 3 to 5 shall have effect, with such modification as may be necessary, in relation to certificates issued under section 85 of the Londonderry Corporation Act (Northern Ireland) 1931F6 or section 19 of the Belfast Corporation (General Powers) Act (Northern Ireland) 1948F7.

Existing members of the AuthorityN.I.

7.—(1) Those persons who, immediately before the coming into operation of Part II of this Order, were members of the Authority shall continue as members until 30th September 1985, and Schedule 1 shall apply in relation to them.

(2) Those persons who, immediately before the coming into operation of Part II of this Order, were respectively Chairman and Vice-Chairman of the Authority shall continue to hold office until such time as the Head of the Department may appoint a Chairman and a Vice-Chairman of the Authority.

N.I.

Schedule 5—Repeals