Archived decisions

Hampshire Fire and Rescue Authority Item 16

8 December 2004

Fire and Rescue Services Act 2004

Report of the Chief Officer

Contact: Chief Officer - John Bonney Telephone: 023 80 626830

1

Summary

1.1

The new statutory responsibilities of the Fire and Rescue Service are enshrined in the Fire and Rescue Services Act 2004 which has now become law. This report provides a synopsis of the major elements of the Act.

2

Introduction

2.1

The Independent Review of the Fire Service conducted by Sir George Bain in the latter part of 2002 represented a watershed in the British Fire Service. The review, albeit hastily conducted, raised a number of key questions about the function, structure and legislative basis of the whole service. The review's main findings, which were reported to the Authority on 5 February 2003, /decisions/decisions-docs/030205-fireau-R0206102708, recommended a radical shift of emphasis from operational response to prevention and protection. A transition which needed to be built on less central prescription, particularly in relation to emergency cover and greater workforce flexibility (which has since become closely linked to the recently concluded pay negotiations).

2.2

Following on from the review, central government produced a National Framework for the Service - see report to the Authority dated 15 September 2004,

http://www.odpm.gov.uk/stellent/groups/odpm_fire/documents/page/odpm_fire_030814.hcsp

The Framework exists as a `contract between' central government and fire authorities as to how future fire and rescue service provision will be organised, principally through a locally produced integrated risk management plan. The document also represents a catalogue of expectations placed on the Fire Authorities. Following consultation, the National Framework 2004/5, has now been produced. In addition to this, the conclusion of the national pay negotiations have now produced an agreed set of working conditions which enshrine much greater flexibility than before.

2.3

All of these key elements for change are now underpinned by the Fire and Rescue Services Act 2004.

3

Report

3.1

The Act is composed of seven sections covering the following areas:

Part 1

Fire and Rescue Authorities

Part 2

Function of Fire and Rescue Authorities

Part 3

Administration

Part 4

Employment

Part 5

Water Supply

Part 6

Supplementary

Part 7

General

For brevity, I have included below only the key changes in each of the sections.

3.1.1

Part 1: Fire and Rescue Authorities

A Fire and Rescue Authority remains the key administrative unit for the Fire and Rescue Service. However, the Secretary of State's power to combine Authorities and to appoint a minority of its members has been extended. Reasons for combination include; effectiveness, efficiency, economy and public safety.

It is made clear that these powers are only intended to be used in the last resort and can only take place after formal consultation and an inquiry.

3.1.2

Part 2: Functions of Fire and Rescue Authorities

This part sets out the powers and duties of Fire and Rescue Authorities to deliver their new responsibilities.

A duty now falls on all Fire Authorities to promote fire safety in their area. This duty is the subject of formal targets in the National Framework which includes the aim to reduce fire deaths in the home by 20% by 2010.

Further sections place a duty on Authorities to make provision to extinguish fires and protect life and property from fire, to rescue people from road traffic accidents and to respond to emergencies other than fire and road incidents. This further responsibility is soon to be supplemented by a number of Orders which will define which emergencies will become a specific duty to prepare and respond to. These are likely to be mass decontamination incidents, major flooding and chemical, biological, radiological and nuclear incidents. A new discretionary power gives Fire Authorities the ability to equip and respond to other incidents likely to pose a risk to life and the environment in its area and to do this, where necessary, in collaboration with other agencies, ie. medical co-responder arrangements.

This part is also important as it not only enables Authorities to use their resources in other areas, but also allows the Secretary of State to direct a Fire and Rescue Authority to any particular fire or emergency.

Fire and Rescue Authorities will continue to have power to make arrangements to reinforce their resources and to enter agreement with others (who employ firefighters) to discharge their functions. Notably, Fire and Rescue Authorities will gain power to respond to incidents on or under water, in agreement with the Maritime Coastguard Agency.

In relation to charging for services, the Act stipulates that Authorities will only charge for certain services and then only to cover costs. The only exception being Authorities who were judged fair, good and excellent, which under CPA will be given freedom to trade if they so wish.

3.1.3

Part 3: Administration

In this section, a requirement is placed on the Secretary of State to prepare and consult annually on a National Framework. It also stipulates the circumstances which would allow Secretary of State to use his powers of intervention and duty to monitor and assess performance. Ministers also have responsibility to report to Parliament on Fire and Rescue Authorities' performance in relation to the Framework.

Within this section, the Secretary of State is given powers to establish bodies in the interest of economy, efficiency and effectiveness. It will be under this section that FireBuy, the new national procurement body, will be constructed. The aim here will be to improve co-operation and collaboration, both within, and between, regions.

In the same vein, the Secretary of State has conferred powers which allow him to direct the use and disposal of Fire and Rescue facilities and property. The purpose here is twofold. Firstly, in order to encourage collaboration and co-operation and secondly, in the event of combination.

Finally in this section, the Fire Service College is placed at the centre of the Service's training and development strategy and extends its remit into specialist training for response to terrorist activities.

3.1.4

Part 4: Employment

Two key areas here. Firstly it gives the Secretary of State power to establish new bodies to negotiate pay and conditions for Fire and Rescue Authority employees. This power remains in reserve at present, but is a considerable change as to date this has been within the jurisdiction of the employers' organisation. Beyond this, Government will now have the power to issue guidance to existing and future negotiating bodies.

The second key element is the ability of the Secretary of State to establish a new pension scheme and to set new arrangements for its funding. This is a precursor to the formation of a new scheme for new entrants anticipated in 2005.

3.1.5

Part 5: Water Supply

There is little new here in the responsibilities of Fire and Rescue Authorities to ensure adequate water supplies for fighting fires.

3.1.6

Part 6: Supplementary

The section concentrates on the access rights of employees in order to deal with fires or prevent their imminent breakout. These powers are now also supplemented by right to enter premises to collect evidence and information in order to establish the cause of a fire (for fire investigation purposes). As is always the case, these rights have to be balanced against the test of reasonableness.

This section also disestablishes the old national policy making forum, the Central Fire Brigades Advisory Council, replacing it with a framework of bodies; the Practitioner's Forum, the Business and Community Safety Forum, the Central Local Partnership Sub Group and Fire and Rescue Sounding Board.

3.1.7

Part 7: General

This section represents a miscellaneous section detailing the replacement or repeal of various regulations. Notably, it removes the legal requirement that the most Senior Officer present will have sole control of the incident. This will allow more flexible use of resources, particularly where senior officers are used in other Fire and Rescue Authority areas.

4

Conclusion

4.1

The new Fire and Rescue Services Act 2004 lays the statutory foundations, not just for the way Fire and Rescue Authorities will be working in future, but also provides the basis for the role central government will, and may, play in directing Fire and Rescue Authorities. It also defines the relationship between Authorities, particularly within regions and between central government and Fire and Rescue Authorities.

4.2

Risk Management

The Act lays out altered and extended duties for Authorities. Failure to comply with the legislation may place the Authority at risk of intervention and jeopardise the safety of communities in Hampshire

5

European Convention on Human Rights and the Human Rights Act 1998

5.1

The proposals within this report are considered compatible with the provisions of the European Convention on Human Rights, the Human Rights Act 1998, and the Race Relations (Amendment) Act 2000.

Recommendations

1

To note the report.

Section 100D - Local Government Act 1972 - Background Papers

The following documents disclose the facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of the report.

The National Framework Report is available on the Office of the Deputy Prime Minister's website

www.odpm.gov.uk

Note: The list excludes:

(1) Published works

(2) Documents that disclose exempt or confidential information as defined in the Act