Local Government etc. (Scotland) Act 1994

The Fire Services Act 1947 (c.41)S

27(1)The Fire Services Act 1947 shall be amended in accordance with this paragraph.

(2)In section 15(2) (use of water for fire-fighting purposes)—

(a)at the beginning insert “ Without prejudice to section 9A of the M1Water (Scotland) Act 1980 (prohibition on any charge for water taken to extinguish fires etc.) and ”; and

(b)the proviso shall cease to have effect.

(3)In section 36 (application of the Act to Scotland)—

(a)in subsection (2)—

(i)the words “and thirty-six” and “and twenty-three” shall cease to have effect; and

(ii)for the words “joint committee” there shall be substituted the words “ joint board ”;

(b)subsection (3) shall cease to have effect;

(c)after subsection (3) insert—

“(3A)If it appears to any two or more fire authorities that it is expedient that their areas should be combined for fire-fighting purposes, they may submit to the Secretary of State a scheme in that behalf (in this section referred to as an “administration scheme”) and the Secretary of State may by order approve any such scheme submitted to him.

(3B)A scheme under subsection (3A) above shall make provision with respect to the matters mentioned in paragraphs (c) and (d) of subsection (8A) below.

(3C)The power to make an order under subsection (3A) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”;

(d)in subsection (4)—

(i)for paragraph (a) substitute—

“(a)the dis-establishment of the fire brigades maintained by the several fire authorities, the establishment and maintenance of a combined fire brigade for the combined area, and the appointment, subject to any regulations made under this Act, of a firemaster of that combined brigade;”; and

(ii)for the words “joint committee”, in each place where they occur, there shall be substituted the words “ joint board ”;

(e)in subsection (5), for the words “joint committee”, in each place where they occur, there shall be substituted the words “ joint board ”;

(f)after subsection (5) insert—

“(5A)Not later than 3 months before the date on which a scheme approved under subsection (3A) above or, as the case may be, made under subsection (8)(b) below is intended to come into effect, every fire authority in respect of whose area or combined area such a scheme has been approved or made shall prepare and submit to the Secretary of State for his approval an establishment scheme for their area or combined area under section 19 of this Act, and the Secretary of State may approve the scheme as submitted to him or subject to such modifications as he may direct.”;

(g)subsection (6) shall cease to have effect;

(h)for subsection (7) substitute—

“(7)Where an administration scheme has been approved under subsection (3A) above, the fire authorities affected by it may amend or revoke that scheme by a subsequent scheme submitted to the Secretary of State by them jointly and the Secretary of State may by order approve any such subsequent scheme submitted to him.

(7A)A subsequent scheme under subsection (7) above may make provision with respect to any of the matters for which provision is required to be made, or may be made, by virtue of subsections (4), (5), (8)(b) and (8A) of this section.

(7B)The power to make an order under subsection (7) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”;

(i)for subsection (8) substitute—

“(8)The Secretary of State may by order—

(a)vary or revoke an administration scheme;

(b)make a new administration scheme which includes provision—

(i)for the division of the original combined area into any two or more areas, being either areas of fire authorities comprised in such combined area or new combined areas constituted by such scheme;

(ii)for the inclusion in the combined area of any additional areas,

and such an order may make provision with respect to any of the matters for which provision is required to be made, or may be made, by virtue of subsections (4), (5) and (8A) of this section.

(8A)An order under subsection (8) above may make provision with respect to any of the following matters—

(a)the transfer or retransfer to such fire brigade as may be determined by the order of the members of any fire brigade affected by the order;

(b)the transfer or retransfer to such fire authorities as may be determined by the order of any officers, property, rights or liabilities of any fire authority affected by the order;

(c)the payment, by such fire authority and subject to such provisions as may be determined by the order, of compensation to officers employed by any fire authority affected by the order who in consequence of it or of anything done under it suffer direct pecuniary loss by reason of the determination of their appointments or the diminution of their emoluments;

(d)in the case of any person who having immediately before the coming into operation of the order been the firemaster of any fire brigade affected by the order does not on the coming into operation of the order become the firemaster of any fire brigade established in consequence of the order, for the payment, in lieu of compensation under paragraph (c) above, of a pension, gratuity or allowance of such amount, subject to such conditions and by such fire authority as may be specified in the order; and

(e)any other matters incidental to or consequential on any provision contained in the order.

(8B)Before making an order under subsection (8) above which contains provision that two or more local government areas should form a combined area for the provision in the combined area of the services mentioned in section 1 of this Act, the Secretary of State shall—

(a)consult such fire authorities as appear to him to be affected by the order; and

(b)where any such authority submit objections to the order, inform that authority in writing whether he accepts the objections and, if he does not, why he does not.

(8C)The power to make an order under subsection (8) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”;

(j)for subsection (9) substitute—

“(9)An order made by the Secretary of State under this section shall provide for the incorporation of a joint board with a common seal and shall confer on such a board power to hold land and to borrow money.”;

(k)in subsection (10)—

(i)for the words “joint committee” substitute “ joint board ”; and

(ii)after “this section” insert “ or section 147(4) of the M2Local Government (Scotland) Act 1973 ”;

(l)in subsection (11)—

(i)for the words “joint committee” substitute “ joint board ”; and

(ii)after “this section” insert “ or section 147(4) of the Local Government (Scotland) Act 1973 ”;

(m)in subsection (13)—

(i)for the words “joint committee”, in both places where they occur, substitute “ joint board ”; and

(ii)for the words from “councils” to “comprised” substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 whose area is comprised ”;

(n)for subsection (15) substitute—

“(15)For section 4 of this Act there shall be substituted the following section—”

Subject to the provisions of this Act, with effect from 1st April 1996 the fire authority shall be a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

; ”

(o)in subsection (16)—

(i)for the words from “council” to “comprised” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 whose area is comprised ”; and

(ii)for the words “joint committee”, in both places where they occur, substitute “ joint board ”;

(p)after subsection (16) there shall be inserted—

“(16A)In section 19—

(a)for subsection (3) there shall be substituted the following subsection—

(3)“Every fire authority shall, on such dates as the Secretary of State may by regulations prescribe, notify him of the establishment scheme in force in their area on such dates as he may so prescribe.””; and

(b)after subsection (8) there shall be inserted—

“(8A)Regulations made under subsection (3) above shall be made by statutory instrument; and such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”; and

(q)in subsection (20)—

(i)for the words “joint committee” there shall be substituted the words “ joint board ”; and

(ii)after “this section” insert “ or section 147(4) of the M3Local Government (Scotland) Act 1973 ”.

(4)In section 38(1) (interpretation), in the definition of “combined area”, after “Act” insert “ or section 147 of the M4Local Government (Scotland) Act 1973 ”.