Search Legislation

Fire and Rescue Services Act 2004

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 26/06/2020.

Changes to legislation:

There are currently no known outstanding effects for the Fire and Rescue Services Act 2004, Part 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

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.

Textual Amendments

F1S. 21(2A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 9; S.I. 2017/399, reg. 2, Sch. para. 38

Commencement Information

I1S. 21 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I2S. 21 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

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.

Commencement Information

I3S. 22 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I4S. 22 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

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.

Commencement Information

I5S. 23 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I6S. 23 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

24Best valueE+W

(1)Sections 10 to [F213A] 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 [F3sections 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 ”.

[F4(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).]

[F5(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.]

Textual Amendments

Commencement Information

I7S. 24 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I8S. 24 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

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.

Commencement Information

I9S. 25 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I10S. 25 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

[F6Police and crime planE+W

Textual Amendments

F6S. 25A and crossheading inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 10; S.I. 2017/399, reg. 2, Sch. para. 38

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.

Commencement Information

I11S. 26 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I12S. 26 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

F727InquiriesE+W

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

Textual Amendments

Commencement Information

I13S. 27 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I14S. 27 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

28InspectorsE+W

[F8(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 [F9in 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.

Textual Amendments

F8S. 28(A1)-(A9) inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 11(2), 183(1), (5)(e); S.I. 2017/726, reg. 2(b)

F9Words in s. 28(1)(a) inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 11(3), 183(1), (5)(e); S.I. 2017/726, reg. 2(b) (with reg. 4)

Modifications etc. (not altering text)

C1S. 28 applied (with modifications) by S.I. 2017/469, Sch. 1 para. 3 (as inserted (26.6.2020) by The Greater Manchester Combined Authority (Fire and Rescue Functions) (Amendment) Order 2020 (S.I. 2020/641), arts. 1, 9)

Commencement Information

I15S. 28 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I16S. 28 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

[F1028AInspection 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).]

Textual Amendments

F10S. 28A inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 11(4), 183(1)(5)(e); S.I. 2017/726, reg. 2(b)

[F1128BPublication 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).]

Textual Amendments

F11S. 28B inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 11(5), 183(1)(5)(e); S.I. 2017/726, reg. 2(b)

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.

Commencement Information

I17S. 29 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I18S. 29 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

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.

Commencement Information

I19S. 30 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I20S. 30 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

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.

Commencement Information

I21S. 31 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I22S. 31 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources