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STATUTORY INSTRUMENTS


2006 No. 1254 (N.I.9)

NORTHERN IRELAND

The Fire and Rescue Services (Northern Ireland) Order 2006

  Made 24th May 2006 
  Coming into operation in accordance with Article 1(2) and (3)


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 water
15. Duty to secure water supply
16. Use of water
Fire hydrants
17. 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 information
19. 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
Duties
25. 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
Regulations
29. 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 case
32. 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–

    (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–

Fire-fighting
    
5. —(1) The Board shall make provision for the purpose of–

    (2) In making provision under paragraph (1) the Board shall in particular–

Road traffic accidents
    
6. —(1) The Board shall make provision for the purpose of–

    (2) In making provision under paragraph (1) the Board shall in particular–

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–

    (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 it considers appropriate–

    (2) The event or situation is one that causes or is likely to cause–

    (3) The power conferred by paragraph (1) includes power to secure the provision of equipment.

Powers of Board in relation to external matters
    
9. —(1) The Board may liaise, co-operate and enter into arrangements with relevant persons outside Northern Ireland.

    (2) In paragraph (1), "relevant persons" means persons carrying out functions which correspond to any of those of the Board or the Department under this Order.

General powers of the Board
    
10. The Board may–

Acquisition and disposal of land by the Board
    
11. —(1) The Board may acquire, hold and dispose of land for the purpose of carrying out its functions under this Order.

    (2) The power of the Board to acquire land includes power to acquire it compulsorily in accordance with paragraphs (3) and (4).

    (3) Where the Board proposes to acquire land compulsorily, it may apply to the Department for an order ("a vesting order") vesting such land in the Board and, subject to paragraph (4), the Department shall have power to make such a vesting order.

    (4) Schedule 6 to the Local Government Act (Northern Ireland) 1972 (c. 9) shall apply for the purposes of the acquisition of land by means of a vesting order made under paragraph (3) in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act subject to the following modifications–

Arrangements with others for assistance
    
12. —(1) Subject to paragraph (2), the Board may enter into arrangements with a person for securing the provision by that person of assistance for the purpose of the carrying out by the Board of a function conferred on it under Articles 4 to 8 or 33.

    (2) The Board may only enter into arrangements with a person under paragraph (1) for the securing of assistance for the purpose of extinguishing fires if the person employs fire-fighters.

    (3) Arrangements under this Article may include provision as to the terms on which assistance is to be provided (including provision as to payment).

Arrangements for carrying out of functions by others
    
13. —(1) Subject to paragraph (2), the Board may enter into arrangements with a person for the carrying out to any extent by that person of a function conferred on the Board under Articles 4 to 8 or 33.

    (2) The Board may only enter into arrangements with a person under paragraph (1) in relation to its function of extinguishing fires if the person employs fire-fighters.

    (3) Arrangements under this Article may include provision as to the terms on which any function is to be carried out (including provision as to payment).

Charging
    
14. —(1) The Department may by order authorise the Board to charge a person of a description specified in the order for any action so specified taken by the Board.

    (2) An order under paragraph (1) may authorise charging for extinguishing fires, or protecting life and property in the event of fires, only in respect of fires which are–

    (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.

    (4) The power in paragraph (1) includes power to specify that, in setting the amount of a charge, the Board shall secure that, taking one financial year with another, the Board's income from charges does not exceed the cost to the Board of taking the action for which the charges are imposed.

    (5) If the Board is authorised by an order under paragraph (1) to charge for taking action of a particular description and the Board decides to do so, then subject to paragraph (4)–

    (6) Before making an order under this Article the Department shall consult the Board and any other persons it considers appropriate.



CHAPTER IV

WATER SUPPLIES, ETC.

Supply and use of water

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–

Use of water
    
16. —(1) The Board may use any convenient or suitable supply of water for the purposes specified in Article 15(2).

    (2) Subject to Article 35(2) of the Water and Sewerage Services (Northern Ireland) Order 1973 (NI 2), the Board shall pay reasonable compensation for water used by virtue of paragraph (1).

Fire hydrants

Fire hydrants
    
17. —(1) The Board shall arrange with the Department for Regional Development–

    (2) A person commits an offence if he uses a fire hydrant otherwise than–

    (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).

    (4) A person guilty of an offence under paragraph (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.



CHAPTER V

POWERS OF FIRE AND RESCUE OFFICERS

Powers in the event of emergency, etc.

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–

    (2) In particular, a fire and rescue officer may under paragraph (1)–

Powers of authorised officers in relation to obtaining information
    
19. —(1) Subject to paragraph (3), an authorised officer may at any reasonable time enter premises for the purpose of obtaining information needed for the carrying out of the Board's functions under Article 5, 6 or 7.

    (2) In this Article and Articles 20 to 22, "authorised officer" means a fire and rescue officer who is authorised in writing by the Chief Fire and Rescue Officer for the purposes of this Article and Article 20.

    (3) An authorised officer may not under paragraph (1)–

    (4) If, on the application of an authorised officer, a lay magistrate is satisfied–

    (5) If an authorised officer exercises a power of entry by virtue of this Article, he may–

    (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)–

Powers of authorised officers in relation to investigating fires
    
20. —(1) An authorised officer may, at any reasonable time (by force if necessary), enter premises in which there has been a fire for the purpose of investigating–

    (2) If an authorised officer exercises a power of entry by virtue of this Article, he may–

    (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)–

    (4) If an authorised officer exercises the power in paragraph (2)(d), he shall–

    (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.

Exercise of powers under Articles 19 and 20: securing of premises
    
21. An authorised officer who, by virtue of Article 19 or 20, enters premises–

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.

Articles 18 to 21: offences
    
22. —(1) If, without reasonable excuse, a person fails to comply with any requirement under Article 19(5)(b) or 20(2)(g), he shall be guilty of an offence.

    (2) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

    (3) If a person falsely pretends to be a fire and rescue officer or an authorised officer he shall be guilty of an offence.

    (4) A person guilty of an offence under paragraph (3) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.



CHAPTER VI

MISCELLANEOUS

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–

shall be guilty of an offence.

    (2) A person guilty of an offence under paragraph (1) shall be liable on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

Interpretation of Part II
    
24. In this Part–



PART III

FIRE SAFETY



CHAPTER I

FIRE SAFETY DUTIES

Duties

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–

    (3) Where under paragraph (2)(a) an employer carries out an assessment, he shall–

Duties in relation to relevant premises
    
26. —(1) Where a person has control to any extent of relevant premises he shall, to that extent, comply with paragraph (2).

    (2) The person shall–

    (3) If a person falls within paragraph (1) other than by virtue of–

the owner of the relevant premises shall also comply with paragraph (2).

    (4) A person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to–

shall also comply, to the extent of the obligation, with paragraph (2).

    (5) Where under paragraph (2)(a) a person carries out an assessment, he shall–

Taking of measures under Article 25 or 26: considerations
    
27. —(1) Paragraph (2) applies where under Article 25(2)(b) or (3)(b) or 26(2)(b) or (5)(b) a person is required to take any fire safety measures.

    (2) The person shall implement the fire safety measures on the basis of the considerations specified in paragraph (3).

    (3) The considerations referred to in paragraph (2) are–

Duties of employees
    
28. Each employee shall while at work–

Risk assessments: power to make regulations
    
29. —(1) The Department may by regulations make provision about the carrying out of assessments and reviews under Articles 25 and 26.

    (2) Regulations under paragraph (1) may in particular make provision for or in connection with–

Fire safety: power to make regulations
    
30. —(1) The Department may by regulations make provision about fire safety in relevant premises.

    (2) Regulations under paragraph (1) may in particular make provision for or in connection with–

Power to make further provision for protection of fire and rescue officers, etc.
    
31. —(1) This Article applies where regulations under Article 30(1) make provision for or in connection with the maintenance of premises, facilities or equipment with a view to securing the safety of fire and rescue officers or other fire-fighters in the event of a fire in relevant premises ("safeguarding provision").

    (2) The Department may by regulations apply, subject to any modifications (specified in the regulations) that it considers necessary, the safeguarding provision to common areas of private dwellings.

    (3) In paragraph (2), "common area" includes, where a stair, passage, garden, yard, garage, outhouse or other appurtenance of a private dwelling is used in common by the occupants of more than one private dwelling, that stair, passage, garden, yard, garage, outhouse or other appurtenance.

Special case

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–

    (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.

    (4) For the purposes of this Article, "operational duties", in relation to a person falling within paragraph (2), means anything done–



CHAPTER II

ENFORCEMENT

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)–

    (3) An authorised officer exercising the power in paragraph (2)(a) shall, if so required, produce evidence of his authorisation under Article 33(3)–

    (4) If an authorised officer exercises the power in paragraph (2)(f), he shall–

    (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.

    (6) If requested to do so by a person present in the relevant premises who is subject to any of the fire safety duties in relation to the relevant premises, an authorised officer shall cause–

to be done in the presence of that person.

    (7) If an authorised officer exercises the power in paragraph (2)(h), he shall leave a notice at the relevant premises with a person who is subject to any of the fire safety duties in relation to the relevant premises (or, if that is impracticable, fix the notice in a prominent position at the relevant premises) giving particulars of the article or substance and stating that he has taken possession of it.

Exercise of powers under Article 34: securing of premises
    
35. An authorised officer who, by virtue of Article 34, enters relevant premises–

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.

Prohibition notices
    
36. —(1) Where paragraph (2) applies in relation to relevant premises, the Board may serve a prohibition notice on the occupier of the relevant premises.

    (2) This paragraph applies where, having regard in particular to anything affecting relevant persons' escape from relevant premises in the event of fire, the Board considers that use of the relevant premises involves or will involve a risk to relevant persons so serious that use of those premises ought to be prohibited or restricted.

    (3) A prohibition notice shall–

    (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.

    (5) A prohibition notice may include directions as to the steps which will have to be taken to remedy the matters specified in the notice.

    (6) Before serving a prohibition notice in relation to a house in multiple occupation, the Board shall, where practicable, notify the Northern Ireland Housing Executive of–

    (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.

Enforcement notices
    
37. —(1) Where the Board considers that a person has failed to comply with any of the fire safety duties, the Board may serve an enforcement notice on that person.

    (2) An enforcement notice shall–

    (3) Before serving an enforcement notice including a requirement to make an alteration to relevant premises, the Board shall consult–

    (4) Failure to comply with paragraph (3) shall not affect the validity of an enforcement notice.

    (5) Where the Board has served an enforcement notice on a person, the Board may–

    (6) For the purposes of this Article, "fire safety duties" does not include the duty imposed by Article 28.

Alterations notices
    
38. —(1) Where paragraph (2) or (3) applies in relation to relevant premises, the Board may serve an alterations notice on the appropriate person.

    (2) This paragraph applies where there would be a serious risk to relevant persons in respect of harm caused by fire in the relevant premises.

    (3) This paragraph applies where–

    (4) An alterations notice is a notice requiring the appropriate person where–

to notify the Board of the change before it is made.

    (5) The changes referred to in paragraphs (3) and (4) are–

    (6) The Board may include in an alterations notice provision requiring the appropriate person–

    (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.

    (8) In this Article, "appropriate person", in relation to relevant premises, means a person subject to a requirement under Article 25 or 26 in relation to the relevant premises.

Determination of disputes
    
39. —(1) Where–

the person and the Board may agree to refer the matter to the Department for determination in accordance with paragraph (2).

    (2) On a reference under this Article, the matter shall be determined by the Department or, if the Department thinks fit and the person referred to in paragraph (1) agrees, by a person appointed by the Department.

    (3) The Department may by regulations make provision about references and determinations under this Article.

    (4) Subject to paragraph (5), where a determination is made by virtue of paragraph (2), the Board may not–

if the notice or, as the case may be, the directions would conflict with the determination.

    (5) Paragraph (4) shall not apply if, after the date of the determination, the risk to relevant persons significantly increases because a change is made to–

Appeals
    
40. —(1) A person to whom paragraph (2) applies may, within 21 days from the date on which a relevant notice is served, appeal to the county court in accordance with county court rules.

    (2) This paragraph applies to–

    (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.

    (4) Where an appeal is brought under this Article against an enforcement notice or an alterations notice, the operation of the notice shall be suspended until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.

    (5) Where an appeal is brought under this Article against a prohibition notice, the operation of the notice shall not be suspended unless, on the application of the appellant, the court so directs (and then only from the giving of the direction).

    (6) In this Article "relevant notice" means–



CHAPTER III

OFFENCES

Offences
    
41. —(1) If–

the person shall be guilty of an offence.

    (2) If–

the employee shall be guilty of an offence.

    (3) If–

the person shall be guilty of an offence.

    (4) It shall be an offence for a person–

    (5) A person guilty of an offence under paragraph (1), (3) or (4)(c) or (d) shall be liable–

    (6) A person guilty of an offence under paragraph (2) shall be liable–

    (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.

    (8) A person guilty of an offence under paragraph (4)(b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (9) A person guilty of an offence under paragraph (4)(e), (f) or (g) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (10) Subject to paragraph (11), it shall be a defence for a person charged with an offence under this Article to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

    (11) Paragraph (10) shall not apply to–

    (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.

    (13) In any proceedings for an offence under paragraph (3) in respect of a failure to comply with a requirement or prohibition so far as is practicable or so far as is reasonably practicable, the onus of showing that it was not practicable, or (as the case may be) was not reasonably practicable, to do more than was done shall be on the accused.

Offences by bodies corporate and partnerships
    
42. —(1) For the purposes of this Part, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words "the liability of whose members is limited" and, where the affairs of a body corporate are managed by its members, applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

    (2) Where a partnership is guilty of an offence under this Part, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, shall also be guilty of that offence and be liable to be proceeded against and punished accordingly.

Offence due to fault of other person
    
43. —(1) Where the commission by any person ("A") of an offence under this Part is due to the act or default of some other person ("B"), B shall be guilty of the offence.

    (2) B may be charged with and convicted of an offence by virtue of paragraph (1) whether or not proceedings are taken against A.

Employee's act or omission not to afford employer defence
    
44. Nothing in this Part shall be construed as affording an employer a defence in any proceedings in pursuance of Article 41 or 42 by reason only of any act or omission of–



CHAPTER IV

MISCELLANEOUS AND GENERAL

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–

    (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.

    (3) References in this Article to the issue of licences include references to their renewal, transfer or variation.

Crown application, etc.
    
49. —(1) The provisions of this Part, and of regulations made under it, shall bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

    (2) No contravention by the Crown of any provision of this Part or of any regulations made under it shall make the Crown criminally liable; but the High Court may, on the application of the Health and Safety Executive for Northern Ireland, declare unlawful any act or omission of the Crown which constitutes such a contravention.

    (3) Notwithstanding anything in paragraph (2), the provisions of this Part and of regulations made under it shall apply to persons in the public service of the Crown as they apply to other persons.

    (4) In relation to relevant premises in respect of which the Crown is subject to any of the fire safety duties, this Part shall have effect with the substitution–

    (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–

    (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.

    (7) In this Article any reference to the Crown includes the Crown in right of Her Majesty's Government in the United Kingdom.



CHAPTER V

INTERPRETATION

Meaning of "relevant premises"
    
50. —(1) In this Part, "relevant premises" means any premises other than–

    (2) For the purposes of paragraph (1), "premises" includes any place, and, in particular–

    (3) References in this Part to relevant premises include references to a part of relevant premises.

    (4) The Department may by regulations modify paragraphs (1), (2) and (6).

    (5) Where the Department exercises the power in paragraph (4), it may by regulations make any modifications of this Part in its application, in consequence of the exercise of that power, to relevant premises specified in the regulations under that paragraph that the Department considers necessary or expedient.

    (6) For the purposes of paragraph (1)–

Meaning of "fire safety measures"
     51. —(1) Subject to paragraph (2), the fire safety measures are–

    (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–

    (3) In paragraph (2) "work process" means all aspects of work involving, or in connection with–

Interpretation of Part III
    
52. —(1) In this Part–

    (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.

    (3) For the purposes of Article 28, references in the definition of "relevant person" in paragraph (1) to premises shall be construed as references to the workplace.



PART IV

FUNCTIONS OF THE DEPARTMENT

Framework document
    
53. —(1) The Department shall prepare a document–

    (2) The Department–

    (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–

    (4) In preparing the document mentioned in paragraph (1), or any revision of it which appears to the Department to be significant, the Department–

    (5) The Board shall have regard to the document prepared under paragraph (1) in carrying out its functions.

Miscellaneous functions
    
54. The Department may–

Inspectors
    
55. —(1) The Department may appoint inspectors for the purpose of obtaining information as to–

    (2) There shall be paid to each such inspector such remuneration as the Department may determine.

    (3) An inspector of the Department may attend any meetings of the Board during the transaction of any business arising under any of the provisions of this Order and may take part in the proceedings but may not vote at any such meeting.

Directions to the Board
    
56. —(1) The Department may give directions of a general or specific nature to the Board as to the carrying out by the Board of any of its functions.

    (2) Before giving any directions to the Board under paragraph (1) the Department shall consult the Board.

    (3) It shall be the duty of the Board to comply with any directions given to it under paragraph (1).

    (4) Any directions given to the Board by the Department under paragraph (1) may be varied or revoked by any subsequent directions so given.



PART V

SUPPLEMENTARY

Assaults on, and obstruction of, fire and rescue officers, etc.
    
57. —(1) Any person who assaults, resists, obstructs or impedes–

shall be guilty of an offence.

    (2) Any person who assaults, resists, obstructs or impedes–

shall be guilty of an offence.

    (3) A person guilty of an offence under paragraph (1) or (2) shall be liable–

Restriction on disclosure of information
    
58. —(1) Subject to paragraph (2), if a person discloses any information obtained by him in the carrying out of any functions conferred by this Order, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (2) Paragraph (1) shall not apply to information which is disclosed–

Prohibition on employment of police
    
59. —(1) Subject to paragraph (2), the Board may not employ a member of any police force for the purpose of carrying out any of the functions conferred on the Board by virtue of this Order or any other statutory provision.

    (2) Paragraph (1) shall not apply to a member of any police force employed by the Fire Authority for Northern Ireland or by the Board before the coming into operation of this Article.

Preservation of existing pension schemes, etc.
    
60. —(1) Notwithstanding the repeal of the Fire Services (Northern Ireland) Order 1984 (NI 11), subject to paragraph (2), Article 10 of that Order and any order made under it shall continue to have effect.

    (2) The Department may by order, with the approval of the Department of Finance and Personnel, amend or repeal Article 10 of the Fire Services (Northern Ireland) Order 1984 or amend or revoke any order made under it.

    (3) An order under paragraph (2) may be framed so as to have effect as from a date earlier than the making of the order and section 18(2) of the Administrative and Financial Provisions Act (Northern Ireland) 1962 (c. 7) shall not apply to any such order.

    (4) Without prejudice to anything contained in paragraphs (1) to (3), where any statutory provision relating to or affecting pensions or other gratuities or allowances is repealed under this Order, that repeal shall not affect any pension, gratuity or allowance granted or the right to which had accrued before the date on which the repeal takes effect.



PART VI

GENERAL

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


SCHEDULES


SCHEDULE 1
Article 3.


THE NORTHERN IRELAND FIRE AND RESCUE SERVICE BOARD


Status

     1. —(1) The Board shall not be regarded–

    (2) The property of the Board shall not be regarded as property of, or property held on behalf of, the Crown.

    (3) Subject to the provisions of this Order, section 19 of the Interpretation Act (Northern Ireland) 1954 (c. 33) shall apply to the Board.

Constitution

     2. —(1) The Board shall consist of the following members–

    (2) Persons appointed under sub-paragraph (1)(a) or (c) shall be referred to as "non-executive members".

    (3) In the absence of the chairman, the Board may, with the approval of the Department, appoint one of the members mentioned in sub-paragraph (1)(c) as vice-chairman of the Board for such a period, not exceeding the remainder of his term as a non-executive member, as it may specify on appointing him.

    (4) Of the members appointed under sub-paragraph (1)(c), 4 shall be members of district councils–

    (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.

Term of office

     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–

    (5) Where a person ceases to be the Chief Fire and Rescue Officer, he ceases to be a member.

Remuneration and allowances of members

     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.

Staff, etc.

     5. —(1) The Board shall have–

    (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.

    (3) Every subsequent Chief Fire and Rescue Officer shall be appointed by the non-executive members with the approval of the Department.

     6. —(1) The Board shall pay to its employees such remuneration and allowances as it may, with the approval of the Department, determine.

    (2) The Board shall–

    (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.

Procedure

     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–

the members present shall elect one of the non-executive members to act as chairman of the meeting.

    (4) Subject to sub-paragraphs (1) to (3), the Board may regulate its own procedure.

Validity of proceedings

     8. The validity of any proceedings of the Board, or of any of its committees, shall not be affected by–

     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).

    (2) The persons referred to in sub-paragraph (1) are–

     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.

Evidence

     11. A document purporting to be–

shall be received in evidence and, unless the contrary is proved, shall be taken to be so executed or signed.

Admission to meetings, general provisions

     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–

     13. —(1) The Board may–

    (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.

Finance

     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–

    (2) The statement of accounts shall–

as the Department may, with the approval of the Department of Finance and Personnel, direct.

    (3) The Board shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to–

    (4) The Comptroller and Auditor General shall–

    (5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.

Annual report

     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.

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

     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–

The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)

     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–

The Freedom of Information Act 2000 (c. 36)

     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–

Interpretation

     20. In this Schedule–



SCHEDULE 2
Article 3.


TRANSFER OF FUNCTIONS, ASSETS, LIABILITIES AND STAFF OF FIRE AUTHORITY FOR NORTHERN IRELAND


Interpretation

     1. In this Schedule "the Authority" means the Fire Authority for Northern Ireland.

Transfer of functions

     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.

Transfer of assets and liabilities

     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)–

    (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.

Transfer of employed staff

     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–

he shall be treated as if he were a person to whom this paragraph applies.

    (4) A contract of employment between a person to whom this paragraph applies and the Authority shall have effect from the appointed day as if originally made between that person and the Board.

    (5) Without prejudice to sub-paragraph (4)–

    (6) If a person informs the Authority that he objects to the transfer of his contract of employment under this paragraph–

    (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–

    (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.

References to, and acts, etc. done by, or in relation to, the Authority

     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.

Accounts: transitional arrangements

     6. —(1) In this paragraph "the relevant period" means the period–

    (2) The Board shall–

    (3) The Comptroller and Auditor General shall–

    (4) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.



SCHEDULE 3
Article 63(1)


MINOR AND CONSEQUENTIAL AMENDMENTS


The Civil Defence Act (Northern Ireland) 1950 (c. 11)

     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".

The Factories Act (Northern Ireland) 1965 (c. 20)

     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".

The Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23)

     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".

The Office and Shop Premises Act (Northern Ireland) 1966 (c. 26)

     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".

The Local Government Act (Northern Ireland) 1966 (c. 38)

     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".

The Pensions (Increase) Act (Northern Ireland) 1971 (c. 35)

     7. In section 12 (fire service pensions)–

     8. For paragraph 16 of Schedule 2 substitute–

The Water and Sewerage Services (Northern Ireland) Order 1973 (NI 2)

     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".

The Rates (Northern Ireland) Order 1977 (NI 28)

     10. In Schedule 13 (hereditaments excluded from exemption), for the words "The Fire Authority for Northern Ireland" substitute "The Northern Ireland Fire and Rescue Service Board".

The Health and Safety at Work (Northern Ireland) Order 1978 (NI 9)

     11. In Article 25(5) (provisions supplementary to Articles 23 and 24 of that Order), for the words "the Fire Authority for Northern Ireland" substitute "the Northern Ireland Fire and Rescue Service Board".

The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

     12. In Article 42(2)(a) (
noise in streets), for the words "fire brigade" substitute "fire and rescue".

     13. In Article 67(5) (bye-laws as to pleasure fairs), for the words "the Fire Authority for Northern Ireland" substitute "the Northern Ireland Fire and Rescue Service Board".

The Road Traffic (Northern Ireland) Order 1981 (NI 1)

     14. In Article 31A(7) (approval of design, construction, etc. of motor vehicles), in the definition of "light passenger vehicle", for the words from "the Fire Authority" to the end substitute "the Northern Ireland Fire and Rescue Service Board for the purposes of its functions under the Fire and Rescue Services (Northern Ireland) Order 2006.".

The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)

     15. In Schedule 1 (licensing places of entertainment)–

     16. In Article 2(2) (interpretation), for the definition of "the Fire Authority" substitute ""the Fire and Rescue Service Board" means the Northern Ireland Fire and Rescue Service Board;".

     17. In Articles 5, 9, 10, 15 and 16, for the words "Fire Authority" in each place where they occur substitute "Fire and Rescue Service Board".

The Housing (Northern Ireland) Order 1992 (NI 15)

     18. In Schedule 4 (houses in multiple occupation: means of escape from fire), in paragraph 8, for the words "Fire Authority" in the heading and the words "Fire Authority for Northern Ireland" substitute "Northern Ireland Fire and Rescue Service Board".

The Environment and Safety Information (Northern Ireland) Order 1993 (NI 14)

     19. In Schedule 1 (relevant notices and enforcing authorities)–

     20. In Schedule 2 (exempt vehicles)–

     21. In section 135(1) of the Merchant Shipping Act 1995 (restrictions on transfer of oil at night), for "fire brigade" substitute "the Northern Ireland Fire and Rescue Service Board or other employer of fire-fighters".

The Gas (Northern Ireland) Order 1996 (NI 2)

     22. In Article 60 (fire authority etc. to be notified of certain pipe-line accidents), in paragraph (1), for the words "the Fire Authority for Northern Ireland", and in paragraph (2) for the words "the Fire Authority", substitute "the Northern Ireland Fire and Rescue Service Board".

The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)

     23. In Article 42(1) (exemption for fire engines, etc.) for the words "fire brigade," substitute "fire and rescue,".

The Capital Allowances Act 2001 (c. 2)

     24. In section 29 (allowances for fire safety)–

     25. In Article 2(2) (interpretation), for the definition of "the Fire Authority" substitute ""the Fire and Rescue Service Board" means the Northern Ireland Fire and Rescue Service Board".

     26. In Article 5 (contents of safety certificates) after paragraph (3) insert–

     27. In Articles 6 to 10, 15 to 17 and 23, for the words "Fire Authority" in each place where they occur substitute "Fire and Rescue Service Board".

     28. In Article 7 (amendment etc. of certificates)–

     29. After Article 7 insert–

     30. In Article 14 (contents of safety certificates for stands) after paragraph (3) insert–

     31. In Article 16 (amendment etc. of certificates)–

     32. After Article 16 insert–

     33. In Article 21(3) (exclusion of other statutory requirements)–



SCHEDULE 4
Article 63(2)


REPEALS


Short Title Extent of repeal
The Northern Ireland Assembly Disqualification Act 1975 (c. 25). In Part II of Schedule 1, the entry relating to the Fire Authority for Northern Ireland.
The Fire Services (Northern Ireland) Order 1984 (NI 11). The whole Order.
The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (NI 11). In Article 2(2), the definition of "fire certificate".

Article 12(4)(e).

In Article 14–

    (a) in paragraph (4)(b), the words "and (e)";

    (b) paragraph (7)(b).

Article 18(4)(b).

Article 19(2)(c).

Article 23(6)(d).

Article 26(2)(c).

Article 28(1)(f).

Article 37(3)(a).

In Article 39–

    (a) in paragraph (2)(b), the words from "and" to the end;

    (b) in paragraph (4), the words from "and" to the end.

Article 63(4)(e).

Article 65–

    (a) in paragraph (4)(b), the words "and (e)";

    (b) paragraph (7)(b).

Article 67(4)(b).

Article 68(2)(d).

Article 72(1)(i).

Article 111(3)(d).

In Article 113–

    (a) in paragraph (2)(b), the words from "and" to the end;

    (b) in paragraph (4), the words from "and" to the end.

In Article 115, paragraphs (3)(d) and (5)(c).

Article 157(3)(c).

In Article 159–

    (a) in paragraph (2)(b), the words from "and" to the end;

    (b) in paragraph (4), the words from "and" to the end.

Article 161(2)(c).

The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15). In Schedule 1, paragraph 16(b).
The Cinemas (Northern Ireland) Order 1991 (NI 12). Article 18.

Schedule 1.

The Fire Services (Amendment) (Northern Ireland) Order 1993 (NI 7). The whole Order.
The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7). In Schedule 2, the entry relating to the Fire Authority for Northern Ireland.
The Fire Services (Amendment) (Northern Ireland) Order 1998 (NI 11). The whole Order.
The Health and Safety at Work (Amendment) (Northern Ireland) Order 1998 (NI 18). In Schedule 1, paragraph 21.
The Freedom of Information Act 2000 (c. 36). In Part VII of Schedule 1, the entry relating to the Fire Authority for Northern Ireland.
The Capital Allowances Act 2001 (c. 2). In section 29, subsections (2) to (6).
The Audit and Accountability (Northern Ireland) Order 2003 (NI 5). In Schedule 1, paragraph 3.
The Safety of Sports Grounds (Northern Ireland) Order 2006 (NI ). Article 21(3)(b).



EXPLANATORY NOTE

(This note is not part of the Order)


This Order consolidates with amendments the law relating to fire services in Northern Ireland and makes new provision with respect to fire safety.

PART II of the Order establishes the Northern Ireland Fire and Rescue Service Board, and transfers all assets, liabilities etc. of the Fire Authority for Northern Ireland to that Board. It confers core functions and other functions on the Board, makes provision concerning water supplies and confers powers on fire and rescue officers.

Part III replaces the existing fire precautions legislation based on the requirement to obtain a fire certificate, with a new requirement to comply with fire safety duties such as the duty to carry out risk assessments and to take specified fire safety measures. It makes provision for implementing in part Council Directives 89/391/EEC, 89/654/EEC, 91/383/EEC, 94/33/EC, 98/24/EC and 99/92/EC.

PART IV confers functions on the Department of Health, Social Services and Public Safety.





ISBN 0 11 080037 0


 © Crown copyright 2006

Prepared 2 June 2006


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