Fire and Rescue Services Act 2004

Part 7General

55Pre-commencement consultation

(1)Subsection (2) applies if—

(a)consultation is required to take place under a provision of this Act, and

(b)before the provision comes into force, consultation takes place which would have satisfied the requirements of the provision to any extent if it had been in force.

(2)Those requirements must be taken to have been satisfied to that extent.

56Inquiries: supplementary

Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) (powers in relation to local inquiries) apply in relation to an inquiry under a provision of this Act as they apply in relation to an inquiry under that section.

57Meaning of “local authority”

In this Act “local authority” means any of these—

(a)a district council;

(b)a county council;

(c)a county borough council;

(d)a London borough council;

(e)the Greater London Authority;

(f)the Common Council of the City of London;

(g)the Council of the Isles of Scilly.

58Meaning of “emergency”

In this Act “emergency” means an event or situation that causes or is likely to cause—

(a)one or more individuals to die, be seriously injured or become seriously ill, or

(b)serious harm to the environment (including the life and health of plants and animals).

59Financial provision

There shall be paid out of money provided by Parliament—

(a)any expenditure incurred by the Secretary of State in consequence of this Act;

(b)any increase attributable to this Act in the sums payable out of money provided by Parliament under another enactment.

60Orders and regulations

(1)References in this section to subordinate legislation are to an order or regulations made by the Secretary of State under this Act.

(2)Subordinate legislation—

(a)may make different provision for different purposes (including different provision for different areas, different authorities and different descriptions of authorities);

(b)may include incidental, supplemental, consequential, saving or transitional provision.

(3)A power to make subordinate legislation is exercisable by statutory instrument.

(4)A statutory instrument containing (alone or with other provisions) subordinate legislation which amends or repeals any Act or provision of an Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5)A statutory instrument containing any other subordinate legislation, apart from an order under section 30 or 61, is subject to annulment in pursuance of a resolution of either House of Parliament.

61Commencement

Parts 1 to 6 come into force in accordance with provision made by the Secretary of State by order.

62Wales

(1)In its application to Wales, the following provisions of this Act have effect as if for each reference to the Secretary of State there were substituted a reference to the National Assembly for Wales—

(a)Parts 1 to 6;

(b)sections 60 and 61.

(2)In its application to Wales, section 25(1) has effect as if for “report to Parliament” there were substituted “publish a report”.

(3)Sections 60(4) and (5) do not apply to an order or regulations made by the National Assembly for Wales.

(4)Any reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an Act which is amended by this Act is to be treated as referring to that Act as amended by this Act.

(5)Subsection (4) does not affect the power to make further Orders varying or omitting that reference.

63Extent

(1)Subject to subsection (2), this Act extends to England and Wales only.

(2)The following provisions also extend to Scotland—

(a)sections 34 to 36;

(b)in so far as relating to sections 26 to 27A of the Fire Services Act 1947 (c. 41), section 52;

(c)in so far as relating to—

(i)sections 46 and 61 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65),

(ii)paragraph 8(b) of Schedule 4 to the Gaming Act 1968 (c. 65),

(iii)Schedule 2 to the Pensions (Increase) Act 1971 (c. 56), and

(iv)the Superannuation Act 1972 (c. 11),

section 53(1) and Schedule 1;

(d)in so far as relating to—

(i)sections 26 to 27A of the Fire Services Act 1947,

(ii)the Fire Services Act 1951 (c. 27),

(iii)sections 8 to 10 of the Fire Services Act 1959 (c. 44),

(iv)the Pensions (Increase) Act 1971 (c. 56),

(v)the Superannuation Act 1972 (c. 11), and

(vi)the Police and Firemen’s Pensions Act 1997 (c. 52),

section 54 and Schedule 2;

(e)sections 60 and 61;

(f)this section;

(g)section 64.

64Short title

This Act may be cited as the Fire and Rescue Services Act 2004.