Fire and Rescue Services Act 2004

Part 3E+WAdministration

Fire and Rescue National FrameworkE+W

21Fire and Rescue National FrameworkE+W

(1)The Secretary of State must prepare a Fire and Rescue National Framework.

(2)The Framework—

(a)must set out priorities and objectives for fire and rescue authorities in connection with the discharge of their functions;

(b)may contain guidance to fire and rescue authorities in connection with the discharge of any of their functions;

(c)may contain any other matter relating to fire and rescue authorities or their functions that the Secretary of State considers appropriate.

[F1(2A)The Framework may contain different provision for different descriptions of fire and rescue authority.]

(3)The Secretary of State must keep the terms of the Framework under review and may from time to time make revisions to it.

(4)The Secretary of State must discharge his functions under subsections (1) and (3) in the manner and to the extent that appear to him to be best calculated to promote—

(a)public safety,

(b)the economy, efficiency and effectiveness of fire and rescue authorities, and

(c)economy, efficiency and effectiveness in connection with the matters in relation to which fire and rescue authorities have functions.

(5)In preparing the Framework, or any revisions to the Framework which appear to him to be significant, the Secretary of State—

(a)must consult fire and rescue authorities or persons considered by him to represent them;

(b)must consult persons considered by him to represent employees of fire and rescue authorities;

(c)may consult any other persons he considers appropriate.

(6)The Framework as first prepared, and any revisions to the Framework which appear to the Secretary of State to be significant, have effect only when brought into effect by the Secretary of State by order.

(7)Fire and rescue authorities must have regard to the Framework in carrying out their functions.

[F221AFire and rescue authorities in Wales: performance and governanceE+W

(1)The Welsh Ministers may by regulations—

(a)require a fire and rescue authority for an area in Wales to make a plan in relation to the exercise of the authority's functions;

(b)impose requirements relating to such a plan.

(2)The requirements which may be imposed under subsection (1)(b) include requirements about—

(a)a plan's content;

(b)its preparation and revision;

(c)when it is to be made;

(d)the period to which it is to relate;

(e)its publication.

(3)Requirements about a plan's content include requirements to—

(a)set out an authority's priorities and objectives;

(b)describe and explain the extent to which the plan reflects the Framework prepared by the Welsh Ministers under section 21;

(c)set out actions the authority intends to take in relation to its priorities and objectives;

(d)set out how the authority intends to assess its performance.

(4)The Welsh Ministers may by regulations make provision (including imposing requirements on an authority) for the purposes of assessing or reporting on the performance of an authority.

(5)Before making regulations under subsection (1) or (4) the Welsh Ministers—

(a)must consult fire and rescue authorities for areas in Wales or persons who the Welsh Ministers consider represent those authorities;

(b)must consult persons who the Welsh Ministers consider represent employees of fire and rescue authorities for areas in Wales;

(c)may consult any other persons the Welsh Ministers consider appropriate.]

22Intervention by Secretary of StateE+W

(1)This section applies if the Secretary of State considers that a fire and rescue authority is failing, or is likely to fail, to act in accordance with the Framework prepared under section 21.

(2)For the purpose of securing that the authority acts in accordance with the Framework the Secretary of State may by order require the authority—

(a)to do something;

(b)to stop doing something;

(c)not to do something.

(3)The Secretary of State may make an order under subsection (2) only if he considers that making the order would promote—

(a)public safety,

(b)the economy, efficiency and effectiveness of the fire and rescue authority in respect of which the order is made, or

(c)economy, efficiency and effectiveness in connection with the matters in relation to which fire and rescue authorities have functions.

(4)Before making an order under subsection (2) the Secretary of State must give the authority an opportunity to make representations about the order proposed.

23Intervention protocolE+W

(1)The Secretary of State must prepare, and may revise, a protocol about the exercise of his power to make an order under section 22(2).

(2)The protocol must in particular make provision about persons or descriptions of persons that the Secretary of State will consult before exercising that power.

(3)The Secretary of State must have regard to the protocol in exercising that power.

(4)In preparing the protocol, or any revisions to it which appear to him to be significant, the Secretary of State—

(a)must consult fire and rescue authorities or persons considered by him to represent them;

(b)must consult persons considered by him to represent employees of fire and rescue authorities;

(c)may consult any other persons he considers appropriate.

(5)The Secretary of State must publish the protocol for the time being in force in the manner he considers appropriate.

24Best valueE+W

(1)Sections 10 to [F313A] of the Local Government Act 1999 (c. 27) (best value inspections) apply in relation to a fire and rescue authority’s compliance with section 21(7) as they apply in relation to a best value authority’s compliance with the requirements of Part 1 of that Act.

(2)As applied by subsection (1), those sections have effect as if, in [F4sections 13(2)(b) and (4) and 13A(2)(b) and (4)], for “give a direction under section 15” there were substituted “ make an order under section 22 of the Fire and Rescue Services Act 2004 ”.

[F5(2A)When carrying out an inspection under section 10 of the Local Government Act 1999 as applied by subsection (1) of a fire and rescue authority created by an order under section 4A, an inspector must not review or scrutinise decisions made, or other action taken, by the fire and rescue authority in connection with the discharge of an excluded function.

(2B)In subsection (2A) “excluded function”, in relation to a fire and rescue authority, means a function which is an excluded function in relation to that authority for the purposes of subsection (A6) of section 28 (inspections by English inspectors) (see subsections (A7) and (A8) of that section).]

[F6(3)Subsection (1) does not apply to a fire and rescue authority in Wales.

(4)Sections 21, 22, 26 and 27 of the Local Government (Wales) Measure 2009 apply in relation to a fire and rescue authority in Wales' compliance with section 21(7) as they apply in relation to a Welsh improvement authority's compliance with the requirements of Part 1 of that Measure.

(5)As applied by subsection (4), those sections have effect as if—

(a)in section 21(1), paragraphs (a) and (b) and the word “if” preceding paragraph (a) were omitted;

(b)sections 21(2)(b), (3), (5), (8) and (10) and 22(4) were omitted;

(c)in section 22(1), for the words “a special inspection” there were substituted “ an inspection under section 21 ”;

(d)in section 22(2)(b), for the words “do either or both of the following” to the end there were substituted “ make an order under section 22 of the Fire and Rescue Services Act 2004 ”;

(e)in section 26(11), the words “or an inspection under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end;

(f)in section 27(1), the words “or inspections under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end.]

25ReportE+W

(1)The Secretary of State must report to Parliament on—

(a)the extent to which fire and rescue authorities are acting in accordance with the Framework prepared under section 21;

(b)any steps taken by him for the purpose of securing that fire and rescue authorities act in accordance with the Framework.

(2)The first report under subsection (1) must be made before the end of the period of two years starting on the date when the Framework as first prepared is brought into effect.

(3)Every subsequent such report must be made beforethe end of the period of two years starting on the date on which the last such report was made.

[F7Police and crime planE+W

25APolice and crime planE+W

A fire and rescue authority created by an order under section 4A must, in carrying out its functions, have regard to the police and crime plan issued by the police and crime commissioner for the police area—

(a)which corresponds to the area of the fire and rescue authority, or

(b)within which the area of the fire and rescue authority falls.]

SupervisionE+W

26InformationE+W

A fire and rescue authority must—

(a)submit to the Secretary of State any reports and returns required by him;

(b)give the Secretary of State any information with respect to its functions required by him.

F827InquiriesE+W

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

28InspectorsE+W

[F9(A1)Her Majesty may appoint such number of inspectors of fire and rescue authorities in England (the “English inspectors”) as the Secretary of State may determine.

(A2)Of the persons appointed under subsection (A1) one is to be appointed as the chief fire and rescue inspector for England.

(A3)The English inspectors must inspect, and report on the efficiency and effectiveness of, fire and rescue authorities in England.

(A4)The English inspectors must carry out such other duties for the purpose of furthering the efficiency and effectiveness of fire and rescue authorities in England as the Secretary of State may from time to time direct.

(A5)The chief fire and rescue inspector for England may appoint assistant inspectors and other officers for the purpose of assisting the English inspectors.

(A6)When carrying out an inspection under subsection (A3) of a fire and rescue authority created by an order under section 4A, an English inspector must not review or scrutinise decisions made, or other action taken, by the fire and rescue authority in connection with the discharge of an excluded function.

(A7)For the purposes of subsection (A6), the following are excluded functions in relation to a fire and rescue authority—

(a)the function of preparing a fire and rescue plan and a fire and rescue statement (within the meaning of Schedule A2);

(b)the functions that the authority has in its capacity as a major precepting authority for the purposes of Part 1 of the Local Government Finance Act 1992;

(c)the function of appointing a chief finance officer under section 4D(4);

(d)where functions of the authority have been delegated to a chief constable under an order under section 4H, the functions conferred on the authority by section 4J(4) and (5);

(e)functions specified, or of a description specified, in relation to that authority in an order made by the Secretary of State.

(A8)The power under subsection (A7)(e) may be exercised in relation to—

(a)all fire and rescue authorities created by an order under section 4A,

(b)a particular fire and rescue authority created by an order under section 4A, or

(c)a particular description of fire and rescue authorities created by an order under section 4A.

(A9)Schedule A3 makes further provision in relation to the English inspectors.]

(1)Her Majesty may by Order in Council appoint inspectors, and the Secretary of State may appoint assistant inspectors and other officers, for the purpose of obtaining information as to—

(a)the manner in which fire and rescue authorities [F10in Wales] are discharging their functions;

(b)technical matters relating to those functions.

(2)The Secretary of State may pay to persons appointed under this section remuneration determined by him.

(3)A person appointed under section 24 of the Fire Services Act 1947 (c. 41) is to be taken to have been appointed under this section.

[F1128AInspection programme and inspection framework etc: EnglandE+W

(1)The chief fire and rescue inspector for England must from time to time prepare—

(a)a document setting out what inspections of fire and rescue authorities in England the English inspectors propose to carry out under section 28(A3) (an “inspection programme”);

(b)a document setting out the manner in which the English inspectors propose to carry out the function conferred on them by section 28(A3) (an “inspection framework”).

(2)The chief fire and rescue inspector for England must obtain the approval of the Secretary of State to an inspection programme or inspection framework before the English inspectors act in accordance with it.

(3)The Secretary of State may at any time require the chief fire and rescue inspector for England to carry out, or arrange for another English inspector to carry out, an inspection under section 28(A3) of—

(a)a fire and rescue authority in England;

(b)all fire and rescue authorities in England;

(c)all fire and rescue authorities in England of a particular type.

(4)A requirement imposed under subsection (3) may limit the inspection to a particular matter.

(5)The chief fire and rescue inspector for England or, at the request of that inspector, any other English inspector may carry out an inspection under section 28(A3) of a fire and rescue authority in England that has not been set out in an inspection programme (and has not been required under subsection (3)).

(6)Before deciding to carry out, or to request another English inspector to carry out, an inspection of a fire and rescue authority in England that has not been set out in an inspection programme, the chief fire and rescue inspector for England must consult the Secretary of State.

(7)Nothing in an inspection programme or inspection framework is to be read as preventing an English inspector from making a visit without notice.

(8)In this section “English inspector” means an inspector appointed under section 28(A1).]

[F1228BPublication of inspection reports etc: EnglandE+W

(1)The chief fire and rescue inspector for England must arrange for a report prepared under section 28(A3) to be published in such manner as appears to him or her to be appropriate.

(2)But the chief fire and rescue inspector for England must exclude from publication under subsection (1) anything that he or she considers—

(a)would be against the interests of national security, or

(b)might jeopardise the safety of any person.

(3)The chief fire and rescue inspector for England must—

(a)send a copy of the published report to the Secretary of State, and

(b)disclose to the Secretary of State anything excluded from publication by virtue of subsection (2).

(4)The chief fire and rescue inspector for England must in each year submit to the Secretary of State a report on the carrying out of inspections under section 28(A3) (during the period since the last report).

(5)A report under subsection (4) must include the chief fire and rescue inspector for England’s assessment of the efficiency and effectiveness of fire and rescue authorities in England for the period in respect of which the report is prepared.

(6)The chief fire and rescue inspector for England must lay before Parliament a copy of a report submitted under subsection (4).

(7)In this section “English inspector” means an inspector appointed under section 28(A1).]

Equipment etcE+W

29Equipment, facilities, services and organisationsE+W

(1)The Secretary of State may provide and maintain, or contribute to the provision and maintenance of, any equipment, facilities and services he considers appropriate for promoting the economy, efficiency and effectiveness of fire and rescue authorities.

(2)The Secretary of State may establish and maintain, or contribute to the establishment and maintenance of, any organisations he considers appropriate for promoting the economy, efficiency and effectiveness of fire and rescue authorities.

(3)Charges may be imposed for the use of equipment, facilities and services provided by—

(a)the Secretary of State under subsection (1), or

(b)an organisation established or maintained by him.

(4)The Secretary of State may by order make provision requiring one ormore fire and rescue authorities—

(a)to use and maintain equipment and facilities specified in the order or of a description specified in the order;

(b)to use services specified in the order or of a description specified in the order.

(5)Before making an order under this section the Secretary of State must consult any persons he considers appropriate.

30Directions for public safety purposesE+W

(1)The Secretary of State may, if he considers it necessary for the purposes of public safety, by order give general or specific directions to one or more fire and rescue authorities about the use or disposal of property or facilities.

(2)The provision that may be contained in a direction under subsection (1) given to an authority includes—

(a)provision about the use or disposal by the authority of property or facilities belonging to or under the control of the authority;

(b)provision about the use by the authority of property or facilities belonging to or under the control of another fire and rescue authority or a person who has made the property or facilities available (or is willing to do so);

(c)provision requiring payments to be made by the authority to another fire and rescue authority or to any other person, in respect of the use of property or facilities.

(3)The references in subsection (2) to property or facilities belonging to a person include land occupied by the person.

(4)Before making an order under this section the Secretary of State must consult any persons he considers appropriate.

Training etcE+W

31Training institution and centresE+W

(1)The Secretary of State may establish and maintain—

(a)a central training institution, and

(b)one or more local training centres,

for one or more of the purposes mentioned in subsection (2).

(2)The purposes are—

(a)the provision of education and training to employees of fire and rescue authorities;

(b)the provision of advice and assistance to fire and rescue authorities in connection with the provision of such education and training;

(c)the supervision and regulation of the provision of such education and training;

(d)the provision of education and training to persons who provide (or are to provide) such education and training;

(e)the provision of education and training (in the United Kingdom or elsewhere) to persons who are not employees of fire and rescue authorities in matters in relation to which fire and rescue authorities have functions;

(f)the provision of advice and assistance (in the United Kingdom or elsewhere) in connection with the provision of such education and training.