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FIRE SERVICES ACT (NORTHERN IRELAND) 1969

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - LONG TITLE

An Act to consolidate the Fire Services Acts (Northern Ireland) 1947
to 1963 and certain other enactments relating to fire services.
[3rd July 1969]
PART I
[

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 1

1. For the purposes of this Act, the Fire Authority for Northern
Ireland (in this Act referred to as "the Authority") shall be the
Fire Authority for the whole of Northern Ireland.]

1972 c.9

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 2

2.(1) It shall be the duty of [the fire authority] to make
provision for [fire-fighting purposes] and the protection of life and
property in case of fire by securing

(a)the services ... of ... such fire brigade or fire brigades, as
may be necessary to meet efficiently all normal requirements;

(b)the efficient training of firemen;

(c)efficient arrangements for enabling persons to call the fire
brigade in cases of fire, for summoning the members of the fire
brigade and for manning the fire engines and appliances; and

(d)without prejudice to its powers under or by virtue of any
enactment, efficient arrangements for obtaining, by inspection or
otherwise, information required for the purposes of its functions
with respect to the character of the buildings and other
property..., the available water supplies and the means of access
thereto, and other material local circumstances;

(2) [The fire authority] may secure local fire services ... by
itself providing and maintaining, either wholly or in part, such
fire services or by making arrangements for the provision and
maintenance, either wholly or in part, of such fire services by
other persons.

(3) [Section 98 of the Local Government Act (Northern Ireland) 1972
(entry on land)], as applied to [the fire authority] and its
officers by section 36, shall have effect as if among the purposes
therein specified there were included the purpose of carrying out
such arrangements as are mentioned in subsection (1)(d).

(4) The Ministry may prescribe the minimum provision to be made by
the Authority with respect to any of the matters referred to in
paragraphs (a),(b) and (c) of subsection (1) or to such other
matters as the Ministry may from time to time consider necessary
for the purposes of this Act and a minimum so prescribed is in
this Act referred to as "standard fire provision".

(5) The Ministry may prescribe such requirements with respect to
uniformity of appliances, equipment and fire-hydrants to be provided
by the Authority for the purposes of this Act as appear to the
Ministry to be necessary for securing efficient fire services and in
particular the rendering of efficient mutual assistance by fire
brigades, and it shall be the duty of the Authority to comply with
such requirements.

[(6) The Authority shall secure efficient arrangements for the
giving, when requested, of advice in respect of buildings and other
property as to fire prevention, restricting the spread of fires and
means of escape in case of fire.]

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 3
1972 c.9

3.(1) The powers of [the fire authority] shall include power

(a)to provide accommodation for [fire brigades], fire engines,
appliances or equipment..., including housing and other accommodation
for members of [fire brigades] and furniture reasonably required for
such accommodation;

(b)to purchase (either by agreement or compulsorily in accordance
with the provisions of subsection (2)) or take on lease any land
required for the purposes of its functions under this Act;

(c)to dispose of or mortgage, charge or otherwise deal with any
land for the time being vested in it;

(d)to enter into such contracts as may from time to time be
necessary for the purposes of this Act, as if the fire authority
were a [district council];

(e)to pay to any persons who render services in connection with the
extinction of fires and the protection of life and property in case
of fire such rewards as it thinks fit, which in the case of a
member of a fire brigade may be in addition to the remuneration of
any such member;

Para.(f) rep. by 1973 NI9 art.12 sch.2 Pt.I

(g)to employ a fire brigade maintained by it, or use any fire
engine, appliance or equipment so maintained, outside its area; and

(h)to employ a fire brigade maintained by it, or use any fire
engine, appliance, or equipment so maintained, for such purposes
other than [fire-fighting purposes] as it may think fit, and in
respect of any such employment or use to charge and recover such
sum by way of fees or expenses as the fire authority may think
reasonable.

(2) Where [the fire authority] desires to acquire otherwise than by
agreement any land which it considers necessary for the purposes of
this Act, the fire authority may apply to the Ministry for an
order vesting such land in them and the Ministry shall, subject to
subsection (3), have power to make such order; and the provisions
of the Local Government Act (Northern Ireland) [1972], which are
specified in Schedule 1, shall have effect in relation to every
such vesting order subject to the modifications and adaptations set
out in that Schedule.

(3) Before making any order under subsection (2), the Ministry shall
have regard to the effect which the order, if made, would have on
the user, value and amenities of land in the immediate neighbourhood
of the land proposed to be acquired.

(4) The proceeds of the sale by [the fire authority] of any
property acquired or held by it under or by virtue of this Act,
and the amount of any fees or charges paid to [the fire authority]
in respect of any services rendered by it under this Act for which
the fire authority may receive payment, shall be applied by the
fire authority for the purposes of this Act.

(5) [The fire authority] may provide and maintain or cause to be
provided and maintained fire alarms in such positions in any street
or public place, as it thinks proper, and any such fire alarm may
be affixed to any wall or fence adjoining a street or public place
so however that the user of or access to any lands or premises
shall not be unreasonably obstructed thereby.

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 4
Fire-hydrants.

4.(1) Any member of a fire brigade of [the fire authority] being
on duty, and any member of the Royal Ulster Constabulary may enter
and if necessary break into any premises or place in which a fire
has or is reasonably supposed to have broken out, or any premises
or place which it is necessary to enter for the purpose of
extinguishing a fire, [or of protecting any premises or place from
acts done for fire-fighting purposes or from damage whether by fire
or otherwise] without the consent of the owner or occupier thereof,
and may do all such acts and things as he may think necessary for
extinguishing fire or for protecting from fire any such premises or
place or rescuing any person or property therein.

(2) Any person who wilfully obstructs or interferes with any member
of a fire brigade, engaged in operations for the extinction of a
fire or the protection or rescue of any person or property from
fire, shall be liable on summary conviction to a fine not exceeding
ten pounds.

(3) At any fire the senior fire officer present... or, if any
arrangement made under this Act provides that any other person shall
have charge of the operations for the extinction of the fire, that
other person, shall have the sole charge and control of all
operations for the extinction of the fire including the fixing of
the positions of fire engines and apparatus, the attaching of hose
to any water pipes or the use of any water supply, and the
selection of the parts of the building on fire or of adjoining
buildings against which the water is to be directed or which it
may be necessary to demolish in order to prevent the fire from
spreading, and may require the water to be shut off from the mains
and pipes in any area in order to give a greater supply and
pressure of water for extinguishing the fire and, notwithstanding
anything in any enactment, no local authority, undertakers or person
shall be liable to any penalty or claim by reason of the
interruption of the supply of water occasioned only by compliance
with such a requirement.

[(4) The senior officer of police present at any fire or, in the
absence of any officer of police, the senior fire brigade officer
present may close to traffic any street or may stop or regulate
the traffic in any street whenever in the opinion of that officer
it is necessary or desirable to do so for fire-fighting purposes or
for the safety or protection of life or property.][

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 5
Water supplies.

5.(1) It shall be the duty of [the fire authority] to arrange with
the Ministry of Development for the provision and maintenance of
such fire-hydrants as are necessary for securing the efficient use
of the available supply of water in case of fire.

(2) The situation of every fire-hydrant shall be plainly indicated
by a notice or distinguishing mark which may be placed on any wall
or fence adjoining a street or public place.

(3) Any person who uses a fire-hydrant otherwise than for the
purpose of extinguishing fires or for any fire brigade purpose or
for any purpose authorised by the Ministry of Development, or
damages or obstructs any fire-hydrant otherwise than in consequence
of its use for such a purpose as aforesaid, shall be liable on
summary conviction to a fine not exceeding #10.]

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 6
1973 NI 2

6.(1) [The fire authority] may enter into agreements with any ...
person for securing the provision... of an adequate supply of water
in case of fire.

(2) [The fire authority] may use for the purpose of extinguishing
fires any convenient or suitable supply of water, and shall be
liable to pay reasonable compensation thereof, but nothing in this
subsection shall affect [Article 35(2) of the Water and Sewerage
Services (Northern Ireland) Order 1973].

Subs.(3) rep. by 1973 NI2 art.60(2) sch.4

1965 c.20

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 10

10.(1) In this section the expression "potentially dangerous building"
means a building, structure or erection of any kind or of any
materials (other than a factory to which section 41 of the
Factories Act (Northern Ireland) 1965 applies or premises to which
the Office and Shop Premises Act (Northern Ireland) 1966 applies)
which in the event of a fire occurring therein or in any adjoining
building or place would constitute a peculiarly grave danger to life
by reason of

(i)the fact that large numbers of persons habitually resort thereto
or are accommodated therein;

(ii)the absence of any or any adequate appliances or fittings for
extinguishing fires occurring therein or for enabling the occupants
thereof to escape therefrom on the occurrence of a fire;

(iii)the inflammable nature of the materials of which it is made;

(iv)the fact that articles of an inflammable nature are habitually
kept therein;

(v)the absence of adequate means of exit therefrom; or

(vi)any other cause.

(2) [The fire authority] may serve on the owner of any building
which appears to [it] to be a potentially dangerous building a
notice (in this section referred to as "a fire precautions notice")
requiring him to refrain from using such building, or a specified
part of such building, for the purpose or any of the purposes
specified in such notice either

(a)absolutely; or

(b)until specified precautions are taken to the satisfaction of the
fire authority whether by the provision in such building of
specified appliances or fittings or by the execution of specified
structural alterations or additions to such building, or by the
doing in relation to such building of any other thing whatever.

(3) A fire precautions notice shall in every case specify a time
within which the requirements thereof are to be complied with.

(4) An owner of a building may within fourteen days from the date
of the service upon him of a fire precautions notice appeal to the
county court for the division where that building is situate on any
one or more than one of the following grounds, that is to say:

(i)that such building is not a potentially dangerous building within
the meaning of this section;

(ii)that such notice is unreasonable because of the improbability of
a fire occurring in or near such building or because of the
improbability of serious danger to life or property arising from any
such fire;

(iii)that compliance with the requirements of such notice would
involve unreasonable expense or an unreasonable interference with the
user of such building;

(iv)that such notice specifies an unreasonably short time for
complying with the requirements thereof;

(5) The court upon the hearing of an appeal under subsection (4)
may either

(a)confirm the fire precautions notice either without modification or
subject to such modifications, amendments or additions as it thinks
fit; or

(b)annul the fire precautions notice;

(6) A fire precautions notice shall take effect

(a)where no appeal is taken therefrom, on the expiration of fourteen
days from the date of service thereof;

(b)where an appeal is taken therefrom and such notice is confirmed
whether with or without modifications, alterations or additions, on
the date upon which the decision of the court on the hearing
thereof is pronounced.

(7) If either

(a)the owner of a building in respect of which a fire precautions
notice is in force; or

(b)any other person having control of such building who knows that
such fire precautions notice is in force in respect of such
building;

(i)on summary conviction thereof to a fine not exceeding fifty
pounds;

(ii)on conviction thereof on indictment to a fine not exceeding one
hundred pounds or to imprisonment for a term not exceeding six
months, or to both;

(iii)on conviction in any case of a continuing offence to a further
fine not exceeding five pounds for every day during which the
offence is continued.

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 11
1972 c.9

11.(1) Subject to subsections (3) and (5) every building exceeding
twenty-five feet in height used or intended to be used as an hotel
or boarding house shall be provided, on all the storeys of which
the upper surface of the floor is higher than twenty feet above
the level of the street or road, with such means of escape in
case of fire for the persons dwelling or employed in, or resorting
to, such building as may be required in the circumstances of the
case by [the fire authority].

(2) Subject to subsection (5) a new building shall not be occupied
for use as an hotel or boarding house until the fire authority has
issued a certificate that the provisions of subsection (1) have been
complied with in relation to such building; and for the purpose of
this section the conversion into an hotel or boarding house of any
building not originally constructed for such purpose shall be deemed
to be the erection of a new building.

(3) Until Parliament otherwise determines the Authority shall not
require means of escape in case of fire to be provided in any
building which

(a)on the 1st June 1963 was being used as an hotel or boarding
house; and

(b)does not provide sleeping accommodation in more than thirty rooms
for persons dwelling or employed in or resorting to the building;
and

(c)has a primary and secondary means of escape from fire;

(4) For the purposes of subsection (3), a building shall be deemed
to have a primary and secondary means of escape from fire if it
has

(a)two separate permanently fixed means of descent by way of
staircase from each storey, the upper surface of the floor of which
is higher than twenty feet above the level of the street or road,
to a lower storey or to ground level; or

(b)one such means of descent and also a permanent means of escape
from each such storey to an adjoining building;

(5) [Section 98 of the Local Government Act (Northern Ireland) 1972
(entry on land)], as applied to the Authority and its officers by
section 36, shall have effect as if among the purposes therein
specified there were included the purposes of ascertaining whether it
is necessary to exercise the power conferred by subsection (1) of
this section and whether any requirement under subsection (1) or
subsection (2) of this section has been duly complied with.

(6) The provisions of subsections (1) and (2) shall not apply in
the area of any local authority in which there is in force any
enactment of a local Act requiring means of escape from fire to be
provided in the case of hotels and boarding houses nor to premises
with respect to which a fire certificate issued under section 29(3)
of the Office and Shop Premises Act (Northern Ireland) 1966 is for
the time being in force.

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 12
1963 c.28

12.(1) Where under section 11(1) the Authority requires means of
escape in case of fire to be provided, the Authority shall serve
(after inspection of the building, of which inspection reasonable
notice shall have been given) on any person appearing to the
Authority to be an owner of the building or any person to whom
the building is let at a rack rent a notice requiring him within
a reasonable time to be specified in the notice to provide such
means of escape and the notice shall specify the nature of the
works to be executed.

(2) A notice served under subsection (1) shall inform the person
served of his right to make representations under subsection (3) and
of his right of appeal under section 13.

(3) A person on whom a notice is served under subsection (1) may
within a period of thirty days from the day on which the notice
is served on him make representations to the Authority regarding the
requirements specified therein and the Authority shall

(a)consider those representations;

(b)hold, if the Authority thinks necessary, a hearing at which the
person making the representations shall be entitled to appear and be
heard;

(c)confirm, amend or rescind the notice;

(d)send notification, by registered post or by post by means of the
recorded delivery service, of the decision of the Authority to the
person making the representations and, where the Authority amends the
notice served under subsection (1), shall send an amended notice
with the notification; and

(e)where the Authority confirms or amends the notice served under
subsection (1), inform the person making the representations of his
right of appeal under section 13.

(4) The Authority may and, if so requested in writing by the
person making the representations at the time at which the
representations are made, shall delegate to a committee, constituted
in accordance with Schedule 2, the functions conferred on the
Authority by subsection (3)(a), (b) and (c).

(5) Requirements of the Authority which were suspended by subsection
(3) of section 5 of the Fire Services (Amendment) Act (Northern
Ireland) 1963 shall be deemed to be requirements contained in a
notice served under section 12(1) of this Act on the date on which
that suspension ceased by virtue of the said section 5.

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 13
Offences against requirements under sections 11 and 12.

13.(1) Any person aggrieved by any requirement of [the fire
authority] under section 11(1), or by the withholding of a
certificate of [the fire authority] under section 11(2), in respect
of any building may appeal to the county court for the division in
which the building is situate but an appeal under this subsection
by a person on whom a notice is served under section 12(1) shall
be made within a period of twenty-one days from the day on which
he receives notification of the decision of the Authority on his
representations under section 12(3) or, where he has not made such
representations, within a period of twenty-one days from the last
day on which he could have made such representations.

(2) Without prejudice to the generality of subsection (1), an appeal
under that subsection by a person on whom a notice has been served
under section 12(1) may be made on any of the following grounds

(a)that the notice or any requirement is not justified by the terms
of subsection (1) of section 11 or that subsection as modified by
subsection (3) of that section;

(b)that the requirement is of no effect by virtue of section 11(3);

(c)that there has been some informality, defect or error in, or in
connection with, the notice;

(d)that the Authority has refused unreasonably to approve the
execution of alternative works, or that the works required by the
notice to be executed are otherwise unreasonable in character or
extent, or are unnecessary;

(e)that the time within which the works are to be executed is not
reasonably sufficient for the purpose;

(f)that the notice might lawfully have been served on a person
other than the appellant and that it would have been equitable for
it to have been so served;

(g)that some person other than the appellant will as the holder of
an estate or interest in the building derive a benefit from the
execution of the works and that that person ought to pay the whole
or any part of the expenses of executing the works;

(h)where the work is work for the common benefit of the building
in question and other premises, that some other person, being the
owner or occupier of premises to be benefited, ought to contribute
towards the expenses of executing any works required.

(3) If and in so far as an appeal is based on the ground of
some informality, defect or error in or in connection with the
notice, the court shall dismiss the appeal if it is satisfied that
the informality, defect or error was not a material one.

(4) Where the grounds upon which an appeal is brought include a
ground specified in paragraph (f), (g) or (h) of subsection (2),
the appellant shall within two days of the day on which the appeal
is brought serve a copy of his notice of appeal on each other
person referred to and, in the case of any appeal brought on any
of the grounds specified in subsection (2), may within that time
serve a copy of his notice of appeal on any other person holding
an estate or interest in the building in question.

(5) On the hearing of an appeal by a person on whom a notice has
been served under section 12(1), a member or officer of the
Authority and any person on whom a copy of the notice of appeal
is or may be served under subsection (4) shall be entitled to
appear and be heard and the court may either

(a)confirm, without modification or subject to such modifications,
amendments or additions as it thinks fit, the requirements of the
Authority as specified in the notice served under section 12(1) or,
where an amended notice has been sent under section 12(3)(d), in
the amended notice; or

(b)annul those requirements;

(6) In exercising its powers under subsection (5) the court shall
have regard

(a)as between an owner and a person to whom the building is let
at a rack rent, to the terms and conditions, whether contractual or
statutory, of the tenancy and to the nature of the works required;
and

(b)in any case, to the degree of benefit to be derived by the
different persons concerned.

(7) The decision of a county court on an appeal under this section
shall be final and conclusive.

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 14
Means of escape from fire in hotels and boarding houses.

14.(1) Subject to subsection (2) any person who fails to comply
with any requirement of [the fire authority] under section 11(1) or
any requirement specified by the Authority in a notice served under
section 12(1) or who contravenes the provisions of section 11(2)
shall be guilty of an offence and shall be liable on summary
conviction for every such offence to a penalty not exceeding #200.

(2) A person on whom a notice is served under section 12(1) shall
not in respect of a failure to comply with any requirement
specified in that notice incur any penalty under subsection (1) in
respect of any period before the last day on which an appeal
against that requirement may be brought under section 13(1) or,
where such an appeal is brought, in respect of any period prior to
the abandonment or determination of the appeal.[

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 14A
1973 NI 9

14A.(1) The Ministry may by order subject to affirmative resolution

(a)apply the provisions of sections 11 to 14 (means of escape from
fire in hotels and boarding houses) to any area to which they do
not, by virtue of section 11(6) apply and may modify or adapt the
provisions of those sections for the purpose of such application; or

(b)may make such provision as may be necessary to apply the
provisions of any such local enactment as is referred to in section
11(6) to any area, to extend or restrict that area, and to make
such other amendment to any such enactment as may be necessary in
consequence of the Fire Services (Northern Ireland) Order 1973 or
the re-organisation of local government.

(2) From the date on which an order is made under subsection
(1)(a) in respect of any area, section 11(6) and any provision of
any such local enactment as is referred to in that section shall
cease to apply to that area.]

1954 c.33

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 15

15.(1) [The Fire Authority for Northern Ireland shall] be constituted
in accordance with the provisions set out in Schedule 3 [and shall]
be a body corporate with perpetual succession and section 19 of the
Interpretation Act (Northern Ireland) 1954 shall apply to the
Authority....

(2) The seal of the Authority shall be authenticated by the
signatures of the chairman or another member of the Authority
authorised by it to act in that behalf, and of the secretary or
some other person authorised as aforesaid.

(3) Without prejudice to subsection (1) and section 19(1)(c) of the
Interpretation Act (Northern Ireland) 1954, every document purporting
to be an instrument issued by the Authority and signed by the
secretary or any person authorised to act in that behalf shall be
received in evidence and, unless the contrary is proved, shall be
deemed to be such an instrument without further proof.

(4) The headquarters of the Authority shall be situated at such
place as the Ministry may direct.

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 16
Transfer of officers and servants to the Fire Authority for Northern
Ireland.

16.(1) Subject to the provisions of subsection (2) it shall be the
duty of the Authority to appoint

(a)an officer who shall be in charge and responsible to the
Authority for the efficiency of the fire force of the Authority;

(b)such officers as may be necessary for the provision of efficient
local fire services; and

(c)a secretary and such other officers (not being officers referred
to in paragraphs (a) and (b)) as may be necessary for the due
performance of any of the functions of the Authority;

(2) The qualifications of fire officers of the Authority shall be
such as may be prescribed and the appointment of each such fire
officer shall be subject to the approval of the Ministry.

(3) The Ministry may make regulations as to the conditions of
service of the persons employed by the Authority as fire officers
or firemen and in particular as to

(a)the maintenance of discipline; and

(b)appeals against dismissal or disciplinary action (including
dismissal on disciplinary grounds).

S.16A rep. by SLR 1980[

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 16B
Compensation of officers and servants.

16B.(1) The Ministry may make a scheme or schemes providing for the
transfer to the employment of the Fire Authority for Northern
Ireland on such date or dates as may be specified in the scheme
or schemes, of fire officers and other officers and servants who
immediately before the date of transfer were employed by the
Northern Ireland Fire Authority or by the Belfast County Borough
Council wholly or mainly for the purposes of its functions as a
fire authority and a person transferred under such a scheme is in
this section referred to as a "transferred officer".]

Subs.(2)(7) rep. by SLR 1980[

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 16C
1972 c.9

16C.(1) The Ministry may, with the approval of the Ministry of
Finance, make regulations providing for the payment by the Ministry
or the Fire Authority for Northern Ireland, on such terms and
subject to such conditions as may be specified in the regulations,
of compensation to, or in respect of, a person who is transferred
under section 16B(1) and who subsequent to his transfer suffers loss
of employment or loss or diminution of emoluments (including
superannuation rights) where such loss is attributable to any
provision of this Act.

(2) In making regulations under subsection (1), the Ministry shall
have regard to any provision for the compensation of persons made
by or under the Local Government Act (Northern Ireland) 1972.

(3) Regulations made under subsection (1) may have effect from a
date earlier than that on which the regulations are made but not
so as to place any person in a worse position than he would have
been in if the regulations had had effect only from the date of
the making thereof.]

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 17
1962 c.7

17.(1) The Ministry, with the approval of the Ministry of Finance,
may by order provide

(a)for the establishment and maintenance of one or more pension
schemes and pension funds for the purpose of providing pensions and
other similar benefits in respect of the service of the fire
officers and firemen employed by the Authority;

(b)for the payment of contributions by the Authority or by the fire
officers and firemen or both by the Authority and the fire officers
and firemen;

(c)for securing that service with any body other than the Authority
may, in such cases, upon such terms and subject to such conditions
as may be specified in the order, be reckoned for superannuation
purposes; and

(d)for reckoning for superannuation purposes, upon such terms and
subject to such conditions as may be specified in the order, of
service occurring before the 14th February 1950 as well as of
service occurring thereafter.

(2) The Ministry may by order apply, subject to such modifications
and conditions as may be specified in the order and as from such
date as may be so specified, as respects officers (other than fire
officers) employed by the Authority the provisions of any enactment
for the time being in force relating to the pensions of officers
of local authorities.

(3) The Ministry may by order provide that, subject to such
modifications as may be specified in that order, orders made under
subsection (1) shall extend to officers (other than fire officers)
employed by the Authority and in relation to such officers the
Ministry in exercise of its extended powers may provide for the
establishment and maintenance of pension schemes and pension funds as
an alternative to the provisions of any enactment applied by order
under subsection (2) but shall not exercise those powers so as to
derogate from any pension rights which have accrued to any such
officer under any enactment so applied.

[(3A) An order made under this section may provide for

(a)the making as a condition precedent to the reckoning under
subsection (1)(c) of service with a body other than the Fire
Authority for Northern Ireland of

(i)payments (whether in the form of repayments of contributions,
payments of accrued superannuation values or any other payment of
whatsoever nature directed to the creation or preservation of pension
rights of the person concerned) by any former employer of the
person concerned or out of any superannuation fund relevant to that
person's former employment;

(ii)where the person concerned has received any payment in respect
of his pension rights upon ceasing to be employed in his former
employment, payments by that person equal to all or any of the
amounts so received;

(b)in the case of a person who having ceased to be in the
employment of the Fire Authority for Northern Ireland has entered
the employment of another person, the making of payments by the
Authority corresponding to any payments such as are described in
paragraph (a)(i);

(c)pensions and other superannuation benefits which are being paid or
may become payable to or in respect of such persons as are
specified in the order being persons who before the date so
specified died or ceased to serve in the employment service in
which qualified them for those pensions or superannuation benefits;

(3B) An order under this section 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 shall not apply to any such order.]

(4) An order made under subsection (1) may provide where a person,
immediately before he undertakes service of a description specified
in Schedule 1 to the Reserve and Auxiliary Forces (Protection of
Civil Interests) Act 1951, or attends for hourly instruction as
defined in section 42 of that Act, is an officer, fire officer or
fireman employed by the Authority, for treating the period of such
service or instruction and such further period, if any, as may be
specified in the order, on such conditions, if any, as may be so
specified, as service in the employment of the Authority.

Subs.(5) rep. by 1973 NI9 art.12 sch.2 Pt.I

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 18
1972 c.9

18.(1) Subject to the provisions of this section the Authority may

(a)make payments towards

(i)expenditure reasonably incurred by a member or officer of the
Authority in respect of attendance at any conference or meeting held
for the purpose of discussing any matter connected with the
discharge of the functions of the Authority and convened by any
body or association for the time being recognised by the Ministry
for the purposes of this section;

(ii)any reasonable expenses incurred in purchasing reports of the
proceedings of any such conference or meeting;

(b)pay any reasonable subscriptions, whether annual or otherwise, to
the funds of any scientific, technical or professional association or
body of persons (whether corporate or unincorporate) which carries on
activities otherwise than for purposes of gain by the association or
body or by individual members thereof and the objects of which are
ancillary to any of the functions of the Authority; and

(c)defray, in whole or in part, the reasonable expenses incurred in
the reception or entertainment of distinguished persons residing in
or visiting the area of the Authority or in providing public
entertainment on the occasion of or in connection with a public
ceremony or rejoicing.

(2) The payments which the Authority may make under subsection
(1)(a)(i) towards expenditure on travelling or subsistence incurred by
a member or officer of the Authority shall be at rates to be
determined by the Authority but not exceeding those prescribed under
[section 36 of the Local Government Act (Northern Ireland) 1972].

(3) Payments made under subsection (1) by the Authority in any
financial year shall not, except with the consent of the Ministry,
exceed in the aggregate two hundred and fifty pounds.[

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 19
Estimates of Authority's receipts and payments.

19.(1) The Authority shall keep, in such form as the Ministry with
the approval of the Ministry of Finance may direct, accounts of all
moneys received and of all moneys paid out by it.

(2) In respect of each financial year

(a)the Authority shall prepare and submit annually to the Ministry,
accounts in such form and containing such information as the
Ministry may direct;

(b)an officer appointed by the Ministry shall audit the accounts
submitted under paragraph (a) and the Ministry shall transmit an
audited statement of accounts to the Comptroller and Auditor-General
for Northern Ireland who shall examine it;

(c)the Ministry shall lay before each House of Parliament copies of
the statement of accounts examined by the Comptroller and
Auditor-General for Northern Ireland together with his report, if
any, on it.

(3) The Comptroller and Auditor-General for Northern Ireland in the
discharge of his functions under subsection (2)(b) may examine any
accounts of the Authority and any records relating thereto and any
report thereon of the officer appointed by the Ministry under that
subsection.

(4) The Ministry may confer on the officer appointed to audit the
accounts of the Authority such rights of access to, and production
of, books, accounts and other documents as may be specified by the
Ministry and such rights to require from any member or officer or
former member or officer of the Authority such information relating
to the affairs of the Authority as the Ministry may think necessary
for the proper performance of the duties of the officer so
appointed.

(5) The Ministry may, with the approval of the Ministry of Finance,
make such regulations for the purposes of this section as it
considers necessary and such regulations may prescribe the times at
which accounts shall be submitted under this section to the Ministry
and to the Comptroller and Auditor-General for Northern Ireland.][

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 20
Payments to Authority.

20.(1) The Authority shall, at such times, in such form as the
Ministry with the approval of the Ministry of Finance may direct,
prepare and submit to the Ministry estimates of its receipts and
payments during such period as may be specified in the direction
and shall submit such other information relating to those estimates
as the Ministry may require.

(2) The Authority may at any time where necessary submit a
supplementary estimate to the Ministry.

(3) The Ministry may approve an estimate submitted under subsection
(1) or a supplementary estimate submitted under subsection (2) either
in whole or in part or subject to such modifications or conditions
as the Ministry may think fit, and expenditure incurred in
accordance with an estimate or supplementary estimate as so approved
shall be approved expenditure for the purposes of section 21.][

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 21
Borrowing powers of Authority.

21.(1) The Ministry shall, at such times, in such manner and
subject to such conditions as the Ministry with the approval of the
Ministry of Finance may think fit, pay to the Authority such sums
as are necessary to defray approved expenditure not defrayed under
subsection (3).

Subs.(2) spent

(3) The Authority shall comply with such directions as the Ministry
with the approval of the Ministry of Finance may give as to the
application of moneys which the Authority receives otherwise than
under subsection (1) or subsection (2) and, to the extent that any
statutory provision or any such direction does not require the
moneys to be applied in a particular manner or for a particular
purpose, the Authority shall apply those moneys in the defrayment of
approved expenditure.][

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 22
Annual Report.

22.(1) Subject to subsection (2), the Authority may, by way of
temporary loan or overdraft from a bank or otherwise, borrow any
sums which it may temporarily require for the purposes of defraying
expenses pending the receipt of moneys receivable by the Authority.

(2) The total amount for the time being outstanding on foot of
borrowings by the Authority under subsection (1) shall not exceed
such sum as the Ministry, with the approval of the Ministry of
Finance, may specify to the Authority in writing and all sums
borrowed by the Authority under subsection (1) shall be repaid
before the expiration of the financial year in which they are
borrowed.

(3) With the prior consent of the Ministry given with the approval
of the Ministry of Finance, the Authority may, on such terms and
subject to such conditions as those Ministries may approve, borrow
or raise money upon the security of any property or assets of the
Authority for all or any of the following purposes:

(a)meeting expenses incurred in connection with any permanent work
the cost of which is properly chargeable to capital;

(b)redeeming any loan previously borrowed or raised under this
subsection;

(c)any other purpose for which capital moneys may properly be
applied.][

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 22A
Insurance by the Authority against accidents to its members.

22A.(1) The Authority shall as soon as may be after 31st March in
each year make to the Ministry a report of its activities in the
financial year ending on that date.

(2) The Ministry shall lay before Parliament a copy of every report
made under this section.]

S.23 rep. by 1973 NI9 art.12 sch.2 Pt.I

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 24
1774 c.48

24.(1) The Authority may enter into a contract with any person
whereby, in consideration of payments by the Authority by way of
premium or otherwise, that person undertakes to pay to the Authority
such sums as may be provided in the contract in the event of any
member of the Authority meeting with a personal accident, whether
fatal or not, while he is engaged on the business of the
Authority.

(2) Any sum received by the Authority under any such contract
shall, after deduction of any expenses incurred in the recovery
thereof, be paid by them to, or to the personal representatives of,
the member of the Authority in respect of an accident to whom that
sum is received.

(3) The provisions of the Life Assurance Act 1774 shall not apply
to any such contract, but any such contract shall be deemed for
the purposes of the [Insurance Companies Act 1974] to be a policy
of insurance upon the happening of personal accidents.

Part V (ss.25,26) rep. by 1973 NI9 art.12 sch.2 Pt.II

Inspectors.

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 27

27. The Ministry may from time to time make arrangements for the
provision of such instruction for chief officers and fire officers
as appears to the Ministry to be necessary for the maintenance of
the efficiency of such officers and any expenses incurred in giving
effect to this section shall be part of the expenses of the
Ministry incurred for the purposes of this Act.

S.28 rep. by 1973 NI9 art.12 sch.2 Pt.II

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 29
Powers of Ministry as to default, etc.

29.(1) The Ministry may for the purpose of assisting [the fire
authority] to give full effect to the provisions of this Act
appoint an inspector or inspectors who shall be a person or persons
having had practical experience of [fire-fighting].

(2) There shall be paid to each such inspector such remuneration as
the Ministry may, with the consent of the Ministry of Finance,
determine, and any remuneration so paid shall be part of the
expenses of the Ministry incurred for the purposes of this Act.

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

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 30
1966 c.26

30.(1) Any power which... may be exercised by the Ministry of
Development

(a)in the case of any default of a local authority in the
performance of any of their functions, may for the purposes of this
Act be exercised by the Ministry in relation to the performance of
any of their functions by [the fire authority];

(b)in relation to the holding of local inquiries and investigations
concerning the administration of any enactment by a local authority,
may be exercised by the Ministry for the purposes of this Act.

(2) This section shall not apply in any case in which section
58(1) of the Office and Shop Premises Act (Northern Ireland) 1966
applies.

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 31
1942 c.5

31. Where any person who either

(i)was employed as a whole-time member of the fire brigade of a
local authority empowered by or under any enactment to award a
pension to any whole-time member and was transferred to and became
a member of the National Fire Service (Northern Ireland) under or
by virtue of the Fire Services (Emergency Provisions) Act (Northern
Ireland) 1942; or

(ii)has been employed as a whole-time member of a fire brigade of
any authority in Great Britain empowered by or under any enactment
of the Parliament of the United Kingdom to award a pension to any
such whole-time member;

Owners, occupiers, etc., not to pay for fire services.

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 32

32.(1) The Fire Services Advisory Council shall continue to be
constituted and conduct its proceedings in accordance with the
provisions set out in Schedule 4.

(2) The Fire Services Advisory Council shall advise the Ministry
upon any matter arising out of or connected with the operation of
this Act which may be referred to that body by the Ministry.

S.33 rep. by 1973 NI9 art.12 sch.2 Pt.II

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 34
Penalty for giving false alarms of fire.

34. Notwithstanding anything contained in any enactment, [the fire
authority] shall not be entitled to require owners or occupiers of
property on which fires occur to make any payment in respect of
local fire services or any other fire service provided under or by
virtue of this Act.

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 35
Application of certain provisions of the Local Government Act
(Northern Ireland) 1972.

35.(1) Any person who by any means whatsoever gives or causes to
be given to any fire brigade an alarm of fire knowing it to be
false shall be liable

(a)on summary conviction to a fine not exceeding fifty pounds or to
imprisonment for a term not exceeding three months;

(b)on conviction on indictment of a second or subsequent offence to
a fine not exceeding one hundred pounds or to imprisonment for a
term not exceeding two years or to both.

(2) Where a person is seen or found committing or attempting to
commit or is reasonably suspected of committing or attempting to
commit or is reasonably suspected of having committed or attempted
to commit an offence against subsection (1) a member of the Royal
Ulster Constabulary may, without warrant, stop, detain, search and
apprehend him.[

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 36
1973 NI 9

36.(1) The following sections of the Local Government Act (Northern
Ireland) 1972 shall have effect as if any reference therein to a
district council or a member or officer thereof were references to
the Authority or a member or officer thereof respectively, that is
to say

(a)section 23 (admission of public to meetings);

(b)section 24 (information to be given as to meetings);

(c)section 25 (facilities for newspaper representatives);

(d)section 26 (certain publications to be privileged);

(e)section 27 (savings);

(f)section 31 (recovery of wrongful gains and remedies against member
guilty of reprehensible conduct);

(g)section 48 (protection for officer acting in execution of duty);

(h)section 98 (power to enter on land);

(i)section 123 (penalty for destroying notices); and

(j)section 126 (compensation for damage by council).

(2) Section 31 of the Local Government Act (Northern Ireland) 1972
shall in its application to the Authority by subsection (1) have
effect as if any reference in that section to that Act included a
reference to this Act and the Fire Services (Northern Ireland) Order
1973, and section 123 of that Act shall in its application as
aforesaid, have effect as if any reference to the Ministry of
Development included a reference to the Ministry.]

S.37 rep. by 1973 NI9 art.12 sch.2 Pt.I

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 38
Expenses of Ministry.

38. Any notice required or authorised by or under this Act to be
given to any person may be given either

(a)by delivering it to that person, or by leaving it or sending it
in a prepaid letter addressed to him at his usual or last known
residence;

(b)in the case of a body corporate by delivering it to the
secretary or clerk thereof at the registered or principal office, or
by sending it in a prepaid letter addressed to him at that office;
or

(c)where the owner of a building in respect of which a notice is
to be served is unknown or cannot be ascertained, by addressing
such notice to "The Owner" without naming him and

(i)by delivering it at the building to which it relates to any
person over the age of sixteen years who is resident or employed
in that building; or

(ii)if no such person can be found, by affixing it in a
conspicuous position on that building.

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 39
1973 NI 9

39. [(1) Any expenses incurred by the Ministry for the purpose of
this Act or the Fire Services (Northern Ireland) Order 1973
including remuneration and allowances payable to members of the
Authority and allowances payable to members of and the secretary to
the Fire Services Advisory Council may be defrayed out of moneys
hereafter appropriated for the purpose of meeting such expenses or,
if the Ministry of Finance so directs, out of the Consolidated
Fund.

(1A) The Ministry of Finance may borrow money for the purpose of
providing money for issues out of the Consolidated Fund under
subsection (1).

(1B) Any money borrowed under subsection (1A) shall be repaid within
any period or periods not exceeding twenty-five years from the date
of borrowing, and provision for such repayment may be made out of
moneys hereafter appropriated for that purpose.]

Subs.(2) rep. by 1973 NI9 art.12 sch.2 Pt.II

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 40
Interpretation.

40.(1) Regulations may be made by the Ministry for the purpose of
providing

(a)for anything which is by this Act required or authorised to be
prescribed;

(b)for anything which appears to the Ministry to be necessary for
giving full effect to the provisions of this Act.

(2) All orders and all regulations, other than regulations made
under section 22(1) and (5), shall be subject to negative
resolution.

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 41
Repeals and savings.

41.(1) In this Act

Definition rep. by 1973 NI9 art.12 sch.2 Pt.II

"Authority" means the [Fire Authority for Northern Ireland];

Definition rep. by 1973 NI9 art.12 sch.2 Pt.II

"enactment" includes any enactment in any Act of the Irish
Parliament, the Parliament of the United Kingdom or the Parliament
of Northern Ireland, whether public or general, or local or private
and a provision in a statutory order;

"equipment" includes uniform and any article of apparel properly used
by a member of a fire brigade in the performance of his duties as
such;

["fire authority" means the Fire Authority for Northern Ireland;]

"fire brigade" means an organised body of officers and firemen
trained and equipped for the purposes of extinguishing fires
occurring in buildings and elsewhere and of rescuing persons and
property from such fires, and includes the fire engines, appliances
and equipment with which such body is provided for those purposes;

["local authority" means a district council;]

"the Minister" and "the Ministry" mean respectively the Minister and
the Ministry of Home Affairs;

"owner" in relation to a building means any person who is for the
time being receiving a rack rent of the building whether on his
own account or as agent or trustee for any other person or who,
if the building were let for occupation at a rack rent, would so
receive that rack rent;

"performance" in relation to any function includes exercise;

"rack rent" in relation to a building means a rent which is not
less than two-thirds of the full net annual value of the building
as ascertained in accordance with the Valuation Acts;

"prescribed" means prescribed by regulations made by the Ministry
under this Act;

Definition rep. by 1973 NI9 art.12 sch.2 Pt.II

"street" includes any highway and any public passage whether a
thoroughfare or not;

"transferred officer" means any chief officer, fire officer or other
officer or fireman who on the 1st April 1950 was by virtue of the
enactments repealed by this Act transferred to the Authority or the
Council;

Definition rep. by 1973 NI2 art.60(2) sch.4

(2) References to the extinction of fires include references to the
prevention of spreading of fires.

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 42
1947 c.10

42.Subs.(1), with Schedule 5, effects repeals

(2) The repeal by subsection (1) of any enactment shall not affect

(a)any interests or rights (including interests in and rights in, on
or over land) or ownership of any appliances, equipment or other
movable property or any liabilities transferred to or vested in the
Ministry or [the fire authority] by virtue of any such enactment;

(b)any pension or allowance by way of superannuation granted or the
right to which had accrued before the passing of this Act;

Section 3(2).

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 43

43. This Act may be cited as the Fire Services Act (Northern
Ireland) 1969.

1. [Section 97] of, and [Schedule 6] to, the Local Government Act
(Northern Ireland) [1972] (in this Schedule referred to as "the
Act") shall have effect subject to the modifications and adaptations
set forth in the following paragraphs.

2.(1) The following subsection shall be substituted for [section
97(1) and (2)] of the Act

"(1) A vesting order shall vest the land to which it relates in
the fire authority in accordance with, and subject to, the
provisions of [Schedule 6].".

Sub-paras. (2)(3) rep. by 1973 NI9 art.12 sch.2 Pt.II

[3. In Schedule 6 to the Act

(a)references to a council or the council shall be construed as
references to the Authority;

(b)the reference to the clerk of the council shall be construed as
a reference to such officer of the Authority as the Authority may
designate;

(c)references to the Compensation Fund shall be construed as
references to the revenues of the Authority;

(d)in paragraph 1 for the words "A council which" there shall be
substituted the words "The Authority where it";

(e)paragraph 19 shall be omitted.]

1.(1) The committee shall consist of the chairman of the Authority
and not more than five members of the Authority appointed by the
Authority.

(2) A member of the committee who ceases to be a member of the
Authority shall also cease to be a member of the committee.

(3) The term of office of the appointed members of the committee
shall be such as the Authority determines and any vacancy occurring
in the membership of the committee shall be filled by the
Authority.

2. The committee may act notwithstanding a vacancy in their number.

3. The quorum, procedure and place of meeting of the committee
shall be such as the Authority shall determine and the chairman or
person presiding at a meeting of the committee shall, if the
Authority so determines, have a second or casting vote.

[1.(1) Subject to the provisions of this Schedule, the Authority
shall consist of the following persons appointed by the Minister,
namely:

(a)four persons nominated by the Council of the City of Belfast;

(b)four persons representing the interests of district councils other
than the Council of the City of Belfast and nominated in accordance
with sub-paragraph (2);

(c)nine persons nominated by the Minister.

(2) Where a body which the Minister is satisfied represents the
interests of district councils comes into being, the persons to be
appointed under sub-paragraph (1)(b) shall be nominated by that body
and until then those persons shall be nominated by the Minister
after consultation with persons who in his opinion are representative
of district councils other than the Council of the City of Belfast.

(3) The members of the Authority shall be appointed in the year of
1973 and in every fourth year thereafter and shall be nominated
under sub-paragraph (1) as soon as possible after, and in any event
within one month of, the date on which a local general election is
held in that year under section 11(2) of the Electoral Law Act
(Northern Ireland) 1962 and

(a)persons appointed to the Authority shall become members of the
Authority from such date as shall be specified in their appointment;

(b)the appointment shall cease to have effect after the day
preceding that from which the next subsequent appointments made under
this sub-paragraph are effective.]

2.Sub.-para.(1) rep. by 1973 NI9 art.12 sch.2 Pt.I

(2) If any of the bodies specified in paragraph 1 fail to nominate
members, or fail to nominate the requisite number of members in
accordance with that paragraph..., the Minister may make such
additional nominations of members as may be necessary by reason of
such failure. The term of office of members nominated under this
sub-paragraph shall be the same as it would have been if those
members had been validly nominated by any of the bodies specified
as aforesaid.

[3.(1) The Authority shall, at its first meeting after its
appointment elect a chairman and a vice-chairman who, unless the
Authority otherwise determines, shall hold office until the next
subsequent appointment of members of the Authority under paragraph
1(3).

(2) Where at any meeting of the Authority, the chairman is absent,
the vice-chairman if present shall be chairman at that meeting and
where, at any such meeting, both the chairman and the vice-chairman
are absent, the chairman at that meeting shall be such member of
the Authority present as the members attending the meeting shall
appoint.

(3) The chairman at any meeting of the Authority shall, in addition
to his right to vote as a member of the Authority, have a casting
vote.]

4. The Authority may act notwithstanding a vacancy in their number
so long as that number is not reduced below [eight].

5.(1) A casual vacancy occurring in the membership of the Authority
shall be filled by the body or person by whom the member causing
the vacancy was nominated, and a person nominated to fill a casual
vacancy shall hold office for the residue of the term of the
member in whose place he is nominated.

(2) A casual vacancy shall be filled within one month after the
occurrence of the vacancy or within such further time as the
Ministry may allow.

6. A member of the Authority may resign his membership by giving
notice in writing to the body by whom he was nominated or, in the
case of a member nominated by the Minister, to the Minister, but
such a notice given by a member not nominated by the Minister
shall not take effect until after the then next following meeting
of the body by whom he was nominated, or after the expiration of
three months, whichever first occurs.

7. Where any member of the Authority is absent from the meetings
thereof for more than six months consecutively (except for a reason
approved by the Minister) or becomes bankrupt or makes a composition
with his creditors or is convicted of an indictable offence, the
Authority shall forthwith by resolution declare the office to be
vacant and shall notify that fact to the Minister and to the body,
if any, by whom he was nominated, and thereupon the office shall
become vacant.

8. A member of the Authority who is concerned, by himself or his
partner or through any company of which he is a director or with
the management of which he is associated in any similar capacity,
in any bargain or contract entered into with the Authority, or who
participates by himself or his partner or through such company in
the profit of any such contract or bargain or in any work done in
pursuance thereof, shall become permanently disqualified from
membership of the Authority unless

(a)before the bargain or contract is entered into he makes full
disclosure of any such interest as aforesaid; and

(b)he abstains from voting upon any matter connected therewith.

A general notice given to the Authority by a member to the effect
that he is a member or associated with the management of a
specified company or firm and is to be regarded as interested in
any contract or bargain which may, after the date of the notice,
be entered into with that company or firm shall be deemed to be a
full disclosure within the meaning of this paragraph in relation to
any contract or bargain so entered into.

9. A person who is a member of the Authority or a partner in
business of that person or a director of any company of which that
person is a director, shall not be appointed to any office or
place of profit nor be engaged in any remunerative employment by or
under the Authority during the continuance or within six months
after the determination of the membership of that person.

10. A member of the Authority on vacating his office at the
expiration of the term thereof shall, subject to the foregoing
provisions of this Schedule, be eligible for re-appointment.

[11. The Ministry may pay to members of the Authority such
remuneration and such other allowances as the Ministry may, with the
approval of the Ministry of Finance, determine.]

12. No defect in the appointment of any person acting as a member
of the Authority shall vitiate any proceedings of the Authority in
which he has taken part.

1. The Fire Services Advisory Council (in this Schedule referred to
as "the Advisory Council") shall consist of eight members appointed
by the Minister for a term of three years.

2.(1) Of the members of the Advisory Council

(a)one who shall be chairman shall be a person who has had
experience of and shown ability in commercial or industrial affairs
or in public administration;

(b)five shall be persons who have had practical experience in the
duties of fire brigades;

(c)one shall be a qualified architect; and

(d)one shall be a qualified engineer.

(2) A member may be appointed for a second or subsequent term.

3. If a member of the Advisory Council dies or resigns the
Minister may appoint a similarly qualified person to be a member in
his stead for the residue of the term.

4. The Ministry may appoint an officer to be secretary to the
Advisory Council.

5. There may be paid to the members of and secretary to the
Advisory Council such travelling or other allowances as the Ministry
may, with the consent of the Ministry of Finance, determine.

6. The Advisory Council may regulate its own quorum and procedure.

Schedule 5Repeals