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Statutory Instrument 2006 No. 1254 (N.I.9)The Fire and Rescue Services (Northern Ireland) Order 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 1254 (N.I.9)NORTHERN IRELANDThe Fire and Rescue Services (Northern Ireland) Order 2006
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament: Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:– Title and commencement 1.—(1) This Order may be cited as the Fire and Rescue Services (Northern Ireland) Order 2006. (2) This Article and Article 2 shall come into operation on the expiration of seven days from the day on which this Order is made. (3) The remaining provisions of this Order shall come into operation on such day or days as the Department may by order appoint. Interpretation: general 2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly. (2) In this Order–
(3) For the purposes of this Order, section 24 of the Interpretation Act (Northern Ireland) 1954 (c. 33) (service of documents by post) applies with the omission from subsection (1) of the word "registering". The Northern Ireland Fire and Rescue Service Board 3.—(1) There shall be a body corporate to be known as the Northern Ireland Fire and Rescue Service Board (in this Order referred to as "the Board"). (2) The Board shall be the fire and rescue authority for Northern Ireland. (3) Schedule 1 (which makes further provision about the Board) shall have effect. (4) The Fire Authority for Northern Ireland is hereby dissolved. (5) Schedule 2 (which contains provisions for the transfer of the functions, assets, liabilities and staff of the Fire Authority for Northern Ireland to the Board and other supplementary provisions) shall have effect. Fire safety 4.—(1) The Board shall make provision for the purpose of promoting fire safety. (2) In making provision under paragraph (1) the Board shall in particular, to the extent that it considers it reasonable to do so, make arrangements for–
(b) the giving of advice, on request, about–
(ii) the means of escape from buildings and other property in the event of fire. Fire-fighting
(b) protecting life and property in the event of fires. (2) In making provision under paragraph (1) the Board shall in particular–
(b) secure the provision of training for personnel; (c) make arrangements for dealing with calls for help and for summoning personnel; (d) make arrangements for obtaining information required or likely to be required for the purpose mentioned in paragraph (1); and (e) make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose mentioned in paragraph (1). Road traffic accidents
(b) protecting persons from serious harm, to the extent that it considers it reasonable to do so, in the event of road traffic accidents. (2) In making provision under paragraph (1) the Board shall in particular–
(b) secure the provision of training for personnel; (c) make arrangements for dealing with calls for help and for summoning personnel; (d) make arrangements for obtaining information required or likely to be required for the purpose mentioned in paragraph (1); and (e) make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose mentioned in paragraph (1). Emergencies
(b) to secure the provision of training for personnel; (c) to make arrangements for dealing with calls for help and for summoning personnel; (d) to make arrangements for obtaining information required or likely to be required for the purpose of carrying out the function; and (e) to make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from carrying out the function. (3) Before making an order under this Article the Department shall consult the Board and any other persons it considers appropriate. Power to respond to other eventualities 8.—(1) The Board may take any action it considers appropriate–
(b) for the purpose of enabling action to be taken in response to such an event or situation. (2) The event or situation is one that causes or is likely to cause–
(b) harm to the environment (including the life and health of plants and animals and the fabric of buildings). (3) The power conferred by paragraph (1) includes power to secure the provision of equipment.
(b) pay to any persons who render services in connection with the carrying out of functions under this Order such rewards as it thinks fit, which in the case of a fire and rescue officer may be in addition to the remuneration of any such officer; and (c) use fire and rescue officers or any fire engine, appliance or equipment for such purposes as it considers appropriate. Acquisition and disposal of land by the Board
(b) for any reference to the Department concerned there shall be substituted a reference to the Department; (c) for any reference to that Act there shall be substituted a reference to this Order; (d) in paragraph 6(2) for the words from "the fund" onwards there shall be substituted "funds of the Board (in this Schedule referred to as "the compensation fund"), and shall be discharged by payments out of the compensation fund."; and (e) in paragraph 12(2) for "the clerk of the council" there shall be substituted "such person as may be designated for the purposes of this Schedule by the Board". Arrangements with others for assistance
(b) at sea. (3) The power in paragraph (1) includes power to authorise a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by the Board.
(b) the Board may charge different amounts in different circumstances (and may charge nothing). (6) Before making an order under this Article the Department shall consult the Board and any other persons it considers appropriate. Duty to secure water supply 15.—(1) The Board shall take all reasonable measures for securing that an adequate supply of water will be available for the Board's use for the purposes specified in paragraph (2). (2) The purposes referred to in paragraph (1) are–
(b) protecting life and property in the event of fires; (c) rescuing persons in the event of road traffic accidents; (d) protecting persons from serious harm in the event of road traffic accidents; (e) carrying out any function conferred on the Board by an order under Article 7; and (f) complying with any directions given to the Board under Article 56. Use of water Fire hydrants 17.—(1) The Board shall arrange with the Department for Regional Development–
(b) for indicating by a notice or distinguishing mark, which may be placed on any wall or fence adjoining a road or public place, the locations of fire hydrants. (2) A person commits an offence if he uses a fire hydrant otherwise than–
(b) for any other purpose of the Board; or (c) for any purpose authorised by the Department. (3) A person commits an offence if he damages or obstructs a fire hydrant, otherwise than in consequence of use for the purposes mentioned in paragraph (2). Powers of fire and rescue officers in an emergency, etc. 18.—(1) A fire and rescue officer being on duty, may do anything he reasonably believes to be necessary–
(b) if he reasonably believes a road traffic accident to have occurred, for the purpose of rescuing persons or protecting them from serious harm; (c) if he reasonably believes an emergency of another kind to have occurred, for the purpose of carrying out any function conferred on the Board in relation to the emergency; and (d) for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in sub-paragraph (a), (b) or (c). (2) In particular, a fire and rescue officer may under paragraph (1)–
(b) move or break into a vehicle without the consent of its owner; (c) close a road; (d) stop and regulate traffic; and (e) restrict the access of persons to premises. Powers of authorised officers in relation to obtaining information
(b) demand admission to premises occupied as a private dwelling unless 24 hours' notice in writing has first been given to the occupier of the dwelling. (4) If, on the application of an authorised officer, a lay magistrate is satisfied–
(ii) the officer is unable to do so, or is likely to be unable to do so, otherwise than by force, he may issue a warrant authorising the officer to enter the premises by force at any reasonable time; or (5) If an authorised officer exercises a power of entry by virtue of this Article, he may–
(b) require a person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request. (6) An authorised officer exercising a power of entry by virtue of this Article shall, if so required, produce evidence of his authorisation under paragraph (2), and any warrant under paragraph (4)(a) or (b)–
(b) at any time before leaving the premises. Powers of authorised officers in relation to investigating fires
(b) why it progressed as it did. (2) If an authorised officer exercises a power of entry by virtue of this Article, he may–
(b) inspect and copy any documents or records on the premises or remove them from the premises; (c) carry out any inspections, measurements and tests in relation to the premises or an article or substance found on the premises, that he considers necessary; (d) take samples of an article or substance found on the premises (but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation); (e) dismantle an article found on the premises (but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation); (f) take possession of an article or substance found on the premises and retain it for as long as is necessary for the purpose of–
(ii) ensuring that it is not tampered with before his examination of it is completed; or (iii) ensuring that it is available for use as evidence in proceedings for an offence relevant to the investigation; and (g) require a person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request. (3) An authorised officer exercising a power of entry by virtue of this Article shall, if so required, produce evidence of his authorisation under Article 19(2)–
(b) at any time before leaving the premises. (4) If an authorised officer exercises the power in paragraph (2)(d), he shall–
(b) if it is practicable to do so, give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it. (5) If an authorised officer exercises the power in paragraph (2)(f), he shall leave a notice at the premises with a responsible person (or, if that is impracticable, fix the notice in a prominent position at the premises) giving particulars of the article or substance and stating that he has taken possession of it.
(b) from which the occupier is temporarily absent, shall on departure ensure that all reasonable measures have been taken to leave the premises as effectively secured against unauthorised entry as he found them. False alarms 23.—(1) A person who knowingly gives or causes to be given to a person acting on behalf of the Board a false alarm of–
(b) a road traffic accident; or (c) an emergency of another kind, shall be guilty of an offence.
(b) serious harm to the environment (including the life and health of plants and animals and the fabric of buildings);
(b) any installation on land, any offshore installation and any other installation, and (c) any tent or movable structure;
Duties of employers to employees 25.—(1) Each employer shall ensure, so far as is reasonably practicable, the safety of his employees in respect of harm caused by fire in the workplace. (2) Each employer shall–
(b) take in relation to the workplace such of the fire safety measures as are necessary to enable him to comply with the duty imposed by paragraph (1). (3) Where under paragraph (2)(a) an employer carries out an assessment, he shall–
(b) take in relation to the workplace such of the fire safety measures as are necessary to enable him to comply with the duty imposed by paragraph (1). Duties in relation to relevant premises
(b) take in relation to the relevant premises such of the fire safety measures as in all the circumstances it is reasonable for a person in his position to take to ensure the safety of relevant persons in respect of harm caused by fire in the relevant premises. (3) If a person falls within paragraph (1) other than by virtue of–
(b) owning relevant premises, the owner of the relevant premises shall also comply with paragraph (2).
(ii) anything in or on relevant premises; or (b) safety in respect of harm caused by fire in relevant premises, shall also comply, to the extent of the obligation, with paragraph (2).
(b) take in relation to the relevant premises such of the fire safety measures as in all the circumstances it is reasonable for a person in his position to take to ensure the safety of relevant persons in respect of harm caused by fire in the relevant premises. Taking of measures under Article 25 or 26: considerations
(b) evaluating risks which cannot be avoided; (c) combating risks at source; (d) adapting to technical progress; (e) replacing the dangerous with the non-dangerous or the less dangerous; (f) developing a coherent overall fire prevention policy which covers technology, organisation of work and the influence of factors relating to the working environment; (g) giving collective fire safety protective measures priority over individual measures; and (h) giving appropriate instructions to employees. Duties of employees
(b) in relation to any requirement imposed by virtue of this Part on his employer, co-operate with his employer in so far as is necessary for the purpose of enabling the employer to comply with the requirement. Risk assessments: power to make regulations
(b) specifying other matters which persons shall take into account when carrying out assessments and reviews; (c) requiring persons to carry out assessments and reviews before employing persons of a description so specified; (d) requiring persons in such circumstances as may be so specified to keep records of such information as may be so specified; and (e) specifying circumstances in which reviews shall be carried out. Fire safety: power to make regulations
(b) imposing requirements on persons (including requirements about the enforcement of any provision included in the regulations); (c) the provision, maintenance and keeping free from obstruction of any means of escape in case of fire; (d) the provision and maintenance of means for securing that any means of escape can be safely and effectively used at all material times; (e) the provision and maintenance of means for extinguishing fire and means for giving warning in the event of fire; (f) the internal construction of premises and the materials used in that construction; (g) prohibiting the presence or use in relevant premises of equipment of a description specified in the regulations, or prohibiting its presence or use unless standards, or conditions, so specified are complied with; (h) where relevant premises form part of a building, enabling arrangements to be entered into with owners or occupiers of other parts of the building for the purpose of enabling persons who are subject to duties imposed by virtue of this Part to comply with them; (i) securing that employees receive appropriate instruction or training in what to do in the event of fire; (j) securing that, in circumstances so specified, numbers of attendants so specified are stationed in parts of the relevant premises so specified; (k) the keeping of records of instruction or training given, or other things done, in pursuance of the regulations; and (l) the giving of assistance or information by any person concerned in the enforcement of requirements imposed by virtue of this Part to any other person so concerned for the purposes of any such requirement. Power to make further provision for protection of fire and rescue officers, etc. Special case: temporary suspension of fire safety duties 32.—(1) If in relation to any relevant premises the application of any of the fire safety duties would prevent a person who falls within paragraph (2) from carrying out his operational duties, the fire safety duties in question shall be deemed not to apply in relation to those relevant premises during the period when he is carrying out his operational duties. (2) A person falls within this paragraph if he is–
(b) a constable; (c) a member of any emergency service; or (d) of such other description as may be prescribed. (3) A person subject to the fire safety duties which, by virtue of paragraph (1) are deemed not to apply in relation to relevant premises shall, during the period mentioned in that paragraph, ensure so far as is possible the safety of relevant persons in the event of fire in those premises.
(b) which the person is required to do by virtue of being at work in that capacity. Functions of the Board 33.—(1) The Board shall enforce the fire safety duties. (2) In carrying out the duty imposed by paragraph (1), the Board shall have regard to any guidance given by the Department. (3) The Chief Fire and Rescue Officer may authorise in writing fire and rescue officers to act for the purpose of carrying out the duty imposed by paragraph (1). (4) The Board may make arrangements with the Health and Safety Executive for Northern Ireland for such of the functions conferred on the Board by virtue of this Part as may be specified in the arrangements to be carried out (with or without payment) on its behalf by the Executive in relation to a workplace so specified. (5) The Board may make arrangements with a prescribed person for such of the functions conferred on the Board by virtue of this Part as may be specified in the arrangements to be carried out (with or without payment) on its behalf by the person in relation to a workplace so specified. Powers of authorised officers 34.—(1) An authorised officer may do anything necessary for the purpose mentioned in Article 33(3). (2) An authorised officer may in particular under paragraph (1)–
(b) take onto the relevant premises any other persons, and any equipment, that he considers necessary; (c) require a person on the relevant premises who is subject to any of the fire safety duties to provide him with any–
(ii) other assistance, which relate to those duties and which he may reasonably request;
(ii) ensuring that it is not tampered with before his examination of it is completed; and (iii) ensuring that it is available for use as evidence in proceedings for an offence relevant to the inspection. (3) An authorised officer exercising the power in paragraph (2)(a) shall, if so required, produce evidence of his authorisation under Article 33(3)–
(b) at any time before leaving the premises. (4) If an authorised officer exercises the power in paragraph (2)(f), he shall–
(b) if it is practicable to do so, give such a person at the relevant premises a portion of the sample marked in a manner sufficient to identify it. (5) Before exercising the power in paragraph (2)(g), an authorised officer shall consult such persons as appear to him to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.
(b) anything which the officer proposes to do under the power in sub-paragraph (g) of that paragraph, to be done in the presence of that person.
(b) from which the occupier is temporarily absent, shall on departure ensure that all reasonable measures have been taken to leave the relevant premises as effectively secured against unauthorised entry as he found them.
(b) specify the matters which the Board considers give rise or, as the case may be, will give rise to the risk; (c) direct that the use to which the prohibition notice relates is prohibited or restricted to such extent as may be specified in the notice until the matters specified under sub-paragraph (b) have been remedied; and (d) subject to paragraph (4), specify when the notice shall take effect. (4) The Board may specify that a notice shall take effect on service of the notice only if the Board considers that, in consequence of the matters specified under paragraph (3)(b), there is or, as the case may be, will be an imminent risk of serious personal injury to relevant persons.
(b) the use which it is intended to prohibit or, as the case may be, restrict. (7) Where the Board has served a prohibition notice on the occupier of relevant premises, the Board may, by notice in writing to the occupier, withdraw the prohibition notice.
(b) specify why the Board considers that the person has failed to comply with the duty in question; and (c) require the person, before the expiry of the period specified in the notice (being a period of at least 28 days), to take the action so specified. (3) Before serving an enforcement notice including a requirement to make an alteration to relevant premises, the Board shall consult–
(b) if the premises are used as a place of work, the enforcing authority within the meaning of Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978 (NI 9); and (c) any other person whose consent to the alteration would be required by virtue of any statutory provision. (4) Failure to comply with paragraph (3) shall not affect the validity of an enforcement notice.
(b) if an appeal against the notice is not pending under Article 40, extend, or further extend, the period specified in the notice. (6) For the purposes of this Article, "fire safety duties" does not include the duty imposed by Article 28.
(b) if any of the changes specified in paragraph (5) were made, it is likely that paragraph (2) would apply. (4) An alterations notice is a notice requiring the appropriate person where–
(b) if made, the change would constitute a serious risk to relevant persons in respect of harm caused by fire in the relevant premises, to notify the Board of the change before it is made.
(b) a change to the services, fittings or equipment on the relevant premises; (c) an increase in the quantities of dangerous substances which are present on the relevant premises; and (d) a change in any use to which the relevant premises are put. (6) The Board may include in an alterations notice provision requiring the appropriate person–
(b) to keep records of arrangements made, in accordance with regulations under Article 30(1) for the planning, organisation, control, monitoring or review of the fire safety measures; and (c) if notifying the Board of a proposed change, to give the Board–
(ii) a summary of the changes the appropriate person proposes to make to the fire safety measures. (7) Where the Board has served an alterations notice on an appropriate person, the Board may, by notice in writing to the appropriate person, withdraw the alterations notice.
(b) in relation to the duty in question the person and the Board cannot agree on what (or whether any) action requires to be taken to comply with the duty, the person and the Board may agree to refer the matter to the Department for determination in accordance with paragraph (2).
(b) include in such a notice directions, if the notice or, as the case may be, the directions would conflict with the determination.
(b) the use to which they are put. Appeals
(b) if the relevant notice is a prohibition notice, a person who in relation to the relevant premises to which the notice relates is subject to the duties imposed by Article 25 or 26. (3) On an appeal under this Article, the county court may either cancel or affirm the notice, and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.
(b) an enforcement notice; or (c) an alterations notice. Offences 41.—(1) If–
(ii) Article 26; or (iii) Article 27; and (b) the failure to carry out the duty in question puts a relevant person at risk of death, or injury, in the event of fire, the person shall be guilty of an offence.
(b) the failure to carry out the duty in question puts a relevant person at risk of death, or injury, in the event of fire, the employee shall be guilty of an offence.
(b) the failure to comply with the requirement or prohibition in question puts a relevant person at risk of death, or injury, in the event of fire, the person shall be guilty of an offence.
(b) falsely to pretend to be an authorised officer; (c) to fail to comply with a restriction or prohibition imposed by a prohibition notice; (d) to fail to comply with a requirement imposed by an enforcement notice or an alterations notice; (e) to contravene Article 45; (f) to make in any register, book, notice or other document required by virtue of this Part to be kept, served or given an entry which he knows to be false in a material particular; or (g) to give any information which he knows to be false in a material particular, or recklessly to give any information which is false in a material particular, where the information is given in purported compliance with a requirement to give information imposed by virtue of this Part. (5) A person guilty of an offence under paragraph (1), (3) or (4)(c) or (d) shall be liable–
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both. (6) A person guilty of an offence under paragraph (2) shall be liable–
(b) on conviction on indictment, to a fine. (7) A person guilty of an offence under paragraph (4)(a) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(b) an offence under paragraph (3) in respect of a failure to comply so far as is reasonably practicable with a requirement or, as the case may be, a prohibition. (12) In any proceedings for an offence under paragraph (1) in respect of a failure to comply with the duty mentioned in sub-paragraph (a)(i) of that paragraph, the onus of showing that it was not reasonably practicable to do more than was done shall be on the accused.
(b) a person of a prescribed description on whom duties are imposed by virtue of Article 30(1). Prohibition on charging employees 45.No employer shall charge, or permit the charging of, any employee of his in respect of anything done or provided in pursuance of any of the fire safety duties. Civil liability for breach of statutory duty 46.—(1) Subject to paragraph (2), nothing in this Part shall be construed as conferring a right of action in any civil proceedings (other than proceedings for recovery of a fine). (2) Breach of a duty imposed on an employer by virtue of this Part shall, in so far as it causes damage to an employee, confer a right of action on that employee in civil proceedings. Consequential restriction of application of Part II of Health and Safety at Work (Northern Ireland) Order 1978 47.—(1) Part II of the Health and Safety at Work (Northern Ireland) Order 1978 (NI 9) ("the 1978 Order") and any regulations and orders made under it shall not apply to relevant premises, in so far as the 1978 Order or any regulations or orders made under it relate to any matter in relation to which requirements are or could be imposed by or under this Order. (2) Nothing in paragraph (1) affects the operation of Part II of the 1978 Order or any such regulations or orders where an enforcing authority (as defined in Article 2(2) of the 1978 Order) is also enforcing the provisions of this Part. Suspension of terms and conditions of licences dealing with same matters as this Part 48.—(1) This Article applies where–
(b) the authority responsible for issuing licences under such a statutory provision is required or authorised to impose terms, conditions or restrictions in connection with the issue of such licences; and (c) such a licence is required in respect of relevant premises. (2) A term, condition or restriction imposed in connection with the issue under such a statutory provision of the licence shall be of no effect in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of this Part.
(b) for any reference to the Board, of a reference to the Health and Safety Executive for Northern Ireland. (5) Without prejudice to the generality of paragraph (4)(a), the Health and Safety Executive for Northern Ireland may authorise a fire and rescue officer to inspect and report in connection with the implementation of this Part as applied by this Article, and–
(b) a fire and rescue officer authorised by the Executive under this paragraph shall report to the Executive as to the matters in respect of which he is authorised. (6) If a person falsely pretends to be a person authorised by the Health and Safety Executive for Northern Ireland for the purposes of paragraph (5), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. Meaning of "relevant premises" 50.—(1) In this Part, "relevant premises" means any premises other than–
(b) ships, in respect of the normal ship-board activities of a ship's crew which are carried out solely by the crew under the direction of the master; (c) mines and offshore installations; (d) borehole sites to which the Borehole Sites and Operations Regulations (Northern Ireland) 1995 (SR 1995/491) apply; (e) premises occupied solely for the purposes of the armed forces of the Crown; (f) premises occupied solely by any visiting force or an international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 (c. 5); (g) premises which are situated within premises occupied solely for the purposes of the armed forces of the Crown but which are not themselves so occupied; or (h) if the undertaking carried on in premises is agriculture or forestry, any land other than buildings which is situated away from the undertaking's buildings. (2) For the purposes of paragraph (1), "premises" includes any place, and, in particular–
(b) any tent or movable structure; and (c) vehicles other than–
(ii) a vehicle for which a licence is in force under the Vehicle Excise and Registration Act 1994 (c. 22); or (iii) a vehicle which is exempt from duty under that Act. (3) References in this Part to relevant premises include references to a part of relevant premises.
Meaning of "fire safety measures"
(ii) the risk of the spread of fire there; (b) measures in relation to the means of escape from relevant premises;
(ii) giving warning in the event of fire, or suspected fire, in relevant premises; (f) measures in relation to the arrangements for action to be taken in the event of fire in relevant premises (including, in particular, measures for the instruction and training of employees and for mitigation of the effects of fire); and (2) The measures referred to in paragraph (1) do not include special, technical or organisational measures required to be taken or observed in any workplace in connection with the carrying on of any work process where those measures–
(b) are required to be taken or observed to ensure compliance with any requirement of the relevant statutory provisions within the meaning given by Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978 (NI 9). (3) In paragraph (2) "work process" means all aspects of work involving, or in connection with–
(b) the use or storage of any dangerous substance. Interpretation of Part III
(b) any duties imposed by regulations made under Article 29 or 30;
(b) a function such as is mentioned in sub-paragraph (a) or (b) of paragraph (1) of Article 6; or (c) a function such as is mentioned in an order under Article 7(1);
(b) any person–
(ii) whose safety would be at risk in the event of fire in the premises; but does not include a fire and rescue officer who is engaged in the performance of an operational task and, in its application to Article 26, a person such as is mentioned in paragraph (2);
(b) any relevant premises (other than a public road)–
(ii) where facilities are provided for use in connection with the place of work. (2) The person is, where the person ("the employer") subject to the requirement to carry out an assessment or a review under Article 26 is also subject to the requirement to carry out an assessment or a review under Article 25, any employee of that employer. Framework document 53.—(1) The Department shall prepare a document–
(b) containing–
(ii) such other matters relating to the Board or those functions, as the Department considers appropriate. (2) The Department–
(b) may from time to time revise it. (3) The Department shall carry out its functions under paragraphs (1) and (2) in the manner and to the extent that appear to it to be best calculated to promote–
(b) the economy, efficiency and effectiveness of the Board; and (c) economy, efficiency and effectiveness in connection with the matters in relation to which the Board has functions. (4) In preparing the document mentioned in paragraph (1), or any revision of it which appears to the Department to be significant, the Department–
(b) may consult any other persons the Department considers appropriate. (5) The Board shall have regard to the document prepared under paragraph (1) in carrying out its functions.
(b) where the Department considers it appropriate to do so for public safety purposes, make provision for the storage and maintenance of emergency fire fighting vehicles and associated equipment and such other arrangements as it thinks fit. Inspectors
(b) technical matters relating to those functions. (2) There shall be paid to each such inspector such remuneration as the Department may determine. Assaults on, and obstruction of, fire and rescue officers, etc. 57.—(1) Any person who assaults, resists, obstructs or impedes–
(b) a person assisting a fire and rescue officer in the execution of his duty, shall be guilty of an offence.
(b) a person who is carrying out a function conferred on the Board under arrangements made by virtue of Article 13, shall be guilty of an offence.
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both. Restriction on disclosure of information
(b) for the purposes of any legal proceedings (including an arbitration); (c) for the purposes of a report of any such proceedings; or (d) otherwise in the execution of the person's duty. Prohibition on employment of police Ancillary provision 61.—(1) The Department may by order make such incidental, supplementary, consequential, transitory, transitional or saving provisions as it considers appropriate for the purposes of, in consequence of or for giving full effect to this Order or any provision of it. (2) An order under paragraph (1) may modify any statutory provision or document. Orders and regulations 62.—(1) Any orders or regulations made by the Department under this Order may contain such incidental, supplementary, consequential, transitory, transitional or saving provisions as the Department considers appropriate. (2) Subject to paragraph (3), an order (except an order under Article 1or 60) or regulations under this Order shall be subject to negative resolution. (3) Regulations under Article 32(2)(d) or 50(4) or (5) or an order under Article 61(1) modifying a statutory provision shall not be made unless a draft of the regulations or order has been laid before and approved by resolution of the Assembly. (4) Paragraphs (1) and (2) and the Statutory Rules (Northern Ireland) Order 1979 (NI 12) do not apply to a vesting order under Article 11(3). Minor and consequential amendments and repeals 63.—(1) Schedule 3, which contains minor amendments and amendments consequential on the provisions of this Order, shall have effect. (2) The statutory provisions mentioned in the first column of Schedule 4 are repealed to the extent set out in the second column. M. A. McCullagh. Deputy Clerk of the Privy Council 1.—(1) The Board shall not be regarded–
(b) as enjoying any status, privilege or immunity of the Crown. (2) The property of the Board shall not be regarded as property of, or property held on behalf of, the Crown. 2.—(1) The Board shall consist of the following members–
(b) the Chief Fire and Rescue Officer; and (c) 10 other members appointed by the Department. (2) Persons appointed under sub-paragraph (1)(a) or (c) shall be referred to as "non-executive members".
(b) if the associations or bodies referred to in paragraph (a) fail to make such nominations within a reasonable time, appointed after consultation with such district councils as appear to the Department to be desirable. (5) In appointing a person to fill a casual vacancy in the non-executive membership of the Board, the Department shall, where the member being replaced was nominated under sub-paragraph (4) or appointed after such consultation as is mentioned in that sub-paragraph, appoint a person in accordance with that sub-paragraph. 3.—(1) Subject to the following provisions of this paragraph, a person shall hold and vacate office as a non-executive member in accordance with the terms of his appointment. (2) The non-executive members may not be appointed for a term of more than 4 years at a time, and a person appointed to fill a casual vacancy shall hold office for the remainder of the term of the person in whose place he is appointed. (3) A person may at any time resign as a non-executive member by notice in writing to the Department. (4) The Department may remove a person from office as a non-executive member if satisfied that–
(b) he has become bankrupt or made a composition or arrangement with his creditors; (c) he has failed to comply with the terms of his appointment; or (d) he is otherwise unable or unfit to carry out his functions. (5) Where a person ceases to be the Chief Fire and Rescue Officer, he ceases to be a member. 4.—(1) The Board shall pay to the non-executive members such remuneration and allowances as the Department may determine. (2) A determination of the Department under this paragraph requires the approval of the Department of Finance and Personnel. 5.—(1) The Board shall have–
(b) such other employees as the Board may appoint with the approval of the Department as to numbers. (2) The person who is the Chief Fire Officer employed by the Fire Authority for Northern Ireland immediately before the appointed day shall be appointed by the Department as the first Chief Fire and Rescue Officer.
(b) provide and maintain such schemes (whether contributory or not) as it may determine, with the approval of the Department and the Department of Finance and Personnel, for the payment of pensions or gratuities to or in respect of its employees or former employees. (3) References in this paragraph to pensions and gratuities include references to pensions or gratuities by way of compensation to or in respect of employees who suffer loss of employment or diminution of emoluments. 7.—(1) The quorum for a meeting of the Board shall be 5. (2) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of the votes, the chairman of the meeting shall have a second or casting vote. (3) If–
(b) both the chairman and the vice-chairman appointed by the Board under paragraph 2(3) are absent from a meeting, the members present shall elect one of the non-executive members to act as chairman of the meeting. 8.The validity of any proceedings of the Board, or of any of its committees, shall not be affected by–
(b) any vacancy in the office of chairman or vice-chairman or among the other members. 9.—(1) The application of the seal of the Board shall be authenticated by the signatures of any two of the persons mentioned in sub-paragraph (2).
(b) the Chief Fire and Rescue Officer; (c) any other person who has been authorised by the Board (whether generally or specially) to act for that purpose. 10.Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board to act for that purpose. 11.A document purporting to be–
(b) signed on behalf of the Board, shall be received in evidence and, unless the contrary is proved, shall be taken to be so executed or signed. 12.Sections 23 to 27, 31, 48, 123, 126 and 127 of the Local Government Act (Northern Ireland) 1972 (c. 9) shall apply to the Board and its members (and in the case of section 31 of that Act also to its employees) as if in those sections–
(b) any reference to a councillor or officer of the council were a reference to a member of the Board (and in the case of section 31, were a reference to a member or employee of the Board). 13.—(1) The Board may–
(b) delegate to a committee so constituted any of the functions of the Board. (2) The powers of any committee of the Board shall be exercised, and the proceedings of the committee shall be regulated, in accordance with and subject to directions given by the Board. 14.—(1) The Department may make payments to the Board out of money appropriated for this purpose. (2) Payments under this paragraph shall be made on such terms and conditions as the Department may, with the approval of the Department of Finance and Personnel, determine. (3) Subject to sub-paragraph (4), the Board shall pay to the Department all sums received by it in the course of, or in connection with, the carrying out of its functions. (4) Sub-paragraph (3) shall not apply to such sums, or sums of such description, as the Department may, with the approval of the Department of Finance and Personnel, direct. (5) Any sums received by the Department under sub-paragraph (3) shall be paid into the Consolidated Fund. (6) If the Department makes a direction under sub-paragraph (4), sums which are the subject of the direction shall be applied by the Board for the purposes of this Order, subject to such terms and conditions as the Department may determine. 15.—(1) The Board shall–
(b) prepare a statement of accounts in respect of each financial year. (2) The statement of accounts shall–
(b) contain such information; as the Department may, with the approval of the Department of Finance and Personnel, direct.
(b) the Comptroller and Auditor General for Northern Ireland. (4) The Comptroller and Auditor General shall–
(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. 16.—(1) As soon as practicable after the end of each financial year, the Board shall send to the Department a report on the carrying out of its functions during that year. (2) The Department shall lay a copy of the report before the Assembly. 17.In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) there shall be inserted, at the appropriate place–
18.In Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation) there shall be inserted, at the appropriate place–
19.In Part VII of Schedule 1 to the Freedom of Information Act 2000 (bodies, etc. which are public authorities for the purposes of the Act) there shall be inserted at the appropriate place–
20.In this Schedule–
(b) any subsequent period of twelve months ending on 31st March;
1.In this Schedule "the Authority" means the Fire Authority for Northern Ireland. 2.—(1) The functions exercisable by the Authority immediately before the appointed day under any statutory provision, shall as from that day be exercisable by the Board. (2) Sub-paragraph (1) applies only to provisions which have continuing effect. 3.—(1) All property, rights and liabilities to which the Authority is entitled or subject immediately before the appointed day shall on that day be transferred to, and by virtue of this paragraph vest in, the Board. (2) Sub-paragraph (1)–
(b) does not apply to rights and liabilities under a contract of employment (which are dealt with by paragraph 4). (3) A certificate issued by the Department that any property, rights or liabilities have been transferred to the Board under this paragraph shall be conclusive evidence of the transfer. 4.—(1) Subject to sub-paragraphs (2) and (3), this paragraph applies to a person who immediately before the appointed day is employed by the Authority. (2) This paragraph does not apply to a person if his contract of employment terminates on the day immediately before the appointed day. (3) Where a person–
(b) would, if the contract had come into effect before that day, have been a person to whom this paragraph applies, he shall be treated as if he were a person to whom this paragraph applies.
(b) anything done before that day by or in relation to the Authority in respect of that contract or the employee is to be treated from that day to have been done by or in relation to the Board. (6) If a person informs the Authority that he objects to the transfer of his contract of employment under this paragraph–
(b) his contract of employment with the Authority is terminated immediately before the appointed day. (7) A person is not to be treated for the purposes of the Employment Rights (Northern Ireland) Order 1996 (NI 16) as having been dismissed by the Authority by reason of–
(b) the termination of his contract of employment under sub-paragraph (6). (8) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right arises by reason only that, by virtue of this paragraph the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and to his detriment. 5.—(1) Any reference in any statutory provision or document to the Authority shall, in relation to any time after the appointed day, be construed as a reference to the Board. (2) Nothing in this Order affects the validity of anything done by, or in relation to, the Authority before the appointed day. (3) Anything which before the appointed day was done by or in relation to the Authority shall, if in effect immediately before that day, continue to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to, the Board. (4) Anything (including any legal proceedings) in the process of being done by or in relation to the Authority immediately before the appointed day may be continued by or in relation to the Board. 6.—(1) In this paragraph "the relevant period" means the period–
(b) ending immediately before the appointed day. (2) The Board shall–
(b) send copies of that statement to the Department and the Comptroller and Auditor General for Northern Ireland within such period after the end of the relevant period as the Department may direct. (3) The Comptroller and Auditor General shall–
(b) send a copy of his report to the Department. (4) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly. 1.In section 9(1) (interpretation), in the definition of "public body", for the words "the Fire Authority for Northern Ireland" substitute "the Northern Ireland Fire and Rescue Service Board". 2.In section 176(1) (general interpretation), in the definition of "fire authority", for the words "the Fire Authority for Northern Ireland" substitute "the Northern Ireland Fire and Rescue Service Board". 3.In section 43(1) (interpretation), in the definition of "public body", for the words "the Northern Ireland Fire Authority" substitute "the Northern Ireland Fire and Rescue Service Board". 4.In section 76(3) (expenses), for "the Fire Services (Northern Ireland) Order 1984" substitute "the Fire and Rescue Services (Northern Ireland) Order 2006". 5.In section 81(1) (interpretation), in the definition of "fire authority", for the words "the Fire Authority for Northern Ireland" substitute "the Northern Ireland Fire and Rescue Service Board". 6.In section 12(7) (contracts of the Fire Authority for Northern Ireland) and in the heading to that section, for the words "the Fire Authority for Northern Ireland" substitute "the Northern Ireland Fire and Rescue Service Board". 7.In section 12 (fire service pensions)–
(b) in subsection (2), for "the Fire Services (Northern Ireland) Order 1984" substitute "the Fire and Rescue Services (Northern Ireland) Order 2006"; and (c) in subsection (4)–
(ii) for "paragraph 1(b) of Schedule 4 to the said Order of 1984" substitute "Article 60 of the said Order of 2006". 8.For paragraph 16 of Schedule 2 substitute–
9.In Article 35(1) (water for fire fighting), for the words "the Fire Authority for Northern Ireland" substitute "the Northern Ireland Fire and Rescue Service Board". |