The Fire and Rescue Services (Northern Ireland) Order 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/1254 |
| Year | 2006 |
2006 No. 1254 (N.I.9)
NORTHERN IRELAND
The Fire and Rescue Services (Northern Ireland) Order 2006
24thMay 2006
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
1. Title and commencement
2. Interpretation: general
PART II
FIRE AND RESCUE SERVICES
CHAPTER I
THE NORTHERN IRELAND FIRE AND RESCUE SERVICE BOARD
3. The Northern Ireland Fire and Rescue Service Board
CHAPTER II
CORE FIRE AND RESCUE FUNCTIONS
4. Fire safety
5. Fire-fighting
6. Road traffic accidents
7. Emergencies
CHAPTER III
OTHER FUNCTIONS
8. Power to respond to other eventualities
9. Powers of Board in relation to external matters
10. General powers of the Board
11. Acquisition and disposal of land by the Board
12. Arrangements with others for assistance
13. Arrangements for carrying out of functions by others
14. Charging
CHAPTER IV
WATER SUPPLIES, ETC.
Supply and use of water15. Duty to secure water supply
16. Use of water
Fire hydrants17. Fire hydrants
CHAPTER V
POWERS OF FIRE AND RESCUE OFFICERS
Powers in the event of emergency, etc.18. Powers of fire and rescue officers in an emergency, etc.
Obtaining information19. Powers of authorised officers in relation to obtaining information
20. Powers of authorised officers in relation to investigating fires
21. Exercise of powers under Articles 19 and 20: securing of premises
22. Articles 18 to 21: offences
CHAPTER VI
MISCELLANEOUS
23. False alarms
24. Interpretation of Part II
PART III
FIRE SAFETY
CHAPTER I
FIRE SAFETY DUTIES
Duties25. Duties of employers to employees
26. Duties in relation to relevant premises
27. Taking of measures under Article 25 or 26: considerations
28. Duties of employees
Regulations29. Risk assessments: power to make regulations
30. Fire safety: power to make regulations
31. Power to make further provision for protection of fire and rescue officers, etc.
Special case32. Special case: temporary suspension of fire safety duties
CHAPTER II
ENFORCEMENT
33. Functions of the Board
34. Powers of authorised officers
35. Exercise of powers under Article 34: securing of premises
36. Prohibition notices
37. Enforcement notices
38. Alterations notices
39. Determination of disputes
40. Appeals
CHAPTER III
OFFENCES
41. Offences
42. Offences by bodies corporate and partnerships
43. Offence due to fault of other person
44. Employee's act or omission not to afford employer defence
CHAPTER IV
MISCELLANEOUS AND GENERAL
45. Prohibition on charging employees
46. Civil liability for breach of statutory duty
47. Consequential restriction of application of Part II of Health and Safety at Work (Northern Ireland) Order 1978
48. Suspension of terms and conditions of licences dealing with same matters as this Part
49. Crown application, etc.
CHAPTER V
INTERPRETATION
50. Meaning of "relevant premises"
51. Meaning of "fire safety measures"
52. Interpretation of Part III
PART IV
FUNCTIONS OF THE DEPARTMENT
53. Framework document
54. Miscellaneous functions
55. Inspectors
56. Directions to the Board
PART V
SUPPLEMENTARY
57. Assaults on, and obstruction of, fire and rescue officers, etc.
58. Restriction on disclosure of information
59. Prohibition on employment of police
60. Preservation of existing pension schemes, etc.
PART VI
GENERAL
61. Ancillary provision
62. Orders and regulations
63. Minor and consequential amendments and repeals
SCHEDULES:
Schedule 1
The Northern Ireland Fire and Rescue Service Board
Schedule 2
Transfer of functions, assets, liabilities and staff of Fire Authority for Northern Ireland
Schedule 3
Minor and consequential amendments
Schedule 4
Repeals
At the Court at Buckingham Palace, the 24th day of May 2006
Present,
The Queen's Most Excellent Majesty in Council
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:-
PART I
INTRODUCTORY
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-
"the appointed day" means the day appointed under Article 1(3) for the coming into operation of Article 3;
"the Board" has the meaning given by Article 3(1);
"the Department" means the Department of Health, Social Services and Public Safety;
"equipment" includes uniform and any article of apparel properly used by a fire and rescue officer in the execution of his duty;
"extinguishing", in relation to a fire, includes containing and controlling;
"fire and rescue officer" means a person employed, trained and equipped as such by the Board for the purpose of carrying out any of the functions conferred on the Board by virtue of this Order or any other statutory provision;
"offshore installation" means any installation which is intended for underwater exploitation of mineral resources or exploration with a view to such exploitation;
"prescribed" means prescribed by regulations made by the Department;
"statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).
(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".
PART II
FIRE AND RESCUE SERVICES
CHAPTER I
THE NORTHERN IRELAND FIRE AND RESCUE SERVICE BOARD
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.
CHAPTER II
CORE FIRE AND RESCUE FUNCTIONS
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-
(a) the provision of information, publicity and encouragement in respect of the steps to be taken to prevent fires and death or injury by fire; and(b) the giving of advice, on request, about-(i) how to prevent fires and restrict their spread in buildings and other property; and(ii) the means of escape from buildings and other property in the event of fire.Fire-fighting
5.-
(1) The Board shall make provision for the purpose of-
(a) extinguishing fires; and(b) protecting life and property in the event of fires.(2) In making provision under paragraph (1) the Board shall in particular-
(a) secure the provision of personnel, services and equipment;(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
6.-
(1) The Board shall make provision for the purpose of-
(a) rescuing persons in the event of road traffic accidents; and(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-
(a) secure the provision of personnel, services and equipment;(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
7.-
(1) The Department may by order confer on the Board functions relating to emergencies, other than fires and road traffic accidents in relation to which the Board has functions under Article 5 or 6.
(2) An order under this Article may make provision as to what the Board shall or may do for the purpose of a function conferred under this Article, and may in particular require or authorise the Board-
(a) to secure the provision of personnel, services and equipment;(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.
CHAPTER III
OTHER FUNCTIONS
Power to respond to other eventualities
8.-
(1) The Board may take any action...
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