PAPER F

                                                                                                                                                      

Purpose : For Decision

                        REPORT TO THE EXECUTIVE           

 

Date :              19 NOVEMBER 2002

 

Title :               SECTION 19 APPLICATION – FIRE SERVICE ACT 1947 (AS AMENDED)

                       

REPORT OF THE PORTFOLIO HOLDER FOR FIRE, EMERGENCY PLANNING AND CONSUMER PROTECTION

 

IMPLEMENTATION DATE : 29 NOVEMBER 2002

 

 


SUMMARY/PURPOSE

 

1.         The draft Fire Authority application to the Secretary of State under Section 19 (4) of the Fire Service Act 1947 to vary their establishment scheme has been made available to members of the Executive and placed in the members room.  The Executive is asked to sanction its submission in its capacity as Fire Authority.

 

BACKGROUND

 

2.         The report on HMFSI Currie’s inspection of the Brigade in August 2001 and the Resources Review Report by the Chief Fire Office were submitted in papers to the October and November 2001 Select Committee.  The resultant human resources structure, which came from those reports, was endorsed by the Executive and the Full Council, in setting the Budget for 2002/03 provided the necessary funding.

 

3.         Section 19 (4) of the Fire Service Act 1947 as amended by Section 7 (1) of the Fire Service Act 1959 requires Fire Authorities to obtain the Secretary of State’s approval before varying the establishment scheme for their area when reducing the number of wholetime members of any rank to which the scheme applies.

 

4.         The new human resources structure rationalises staffing by decreasing the number of Firefighters and increasing the number of Leading Firefighters, Station Officers and Assistant Divisional Officers resulting in a total increase of establishment from 61 to 62.

 

5.         The requirement to submit a Section 19 Application applies to proposals to reduce posts of any rank, notwithstanding that our proposal of reduction is offset wholly by additional posts of a higher rank.

 

6.         The variance to the establishment scheme does not affect the provision of standards of fire cover.

 

7.         The decision does not appear on the forward plan. It is not a key decision, and


the decision can still be lawfully taken. The intention had been to take the decision under delegated authority, but I am reliably informed that Her Majesty’s Fire Inspectorate will expect the application to be endorsed by the fire authority thus ensuring its ease of passage through the decision making process and in accordance with the scheme of delegation, the portfolio holder wishes to refer the decision to the Executive.

 

CONSULTATION

 

8.         The consultation process is described and covered comprehensively in Section 4 to the application and is in accordance with Fire Service Circular 5/1992.

 

LEGAL IMPLICATIONS

 

9.         The legal context, and the steps taken to comply with it, are set out in the body of the report.

 

RECOMMENDATIONS

 

10.      The Fire Authority submits the Section 19 Application.

 

BACKGROUND PAPERS

 

11.       Select Committee 15 October 2001 Paper P and Appendix A

Select Committee 19 November 2001 Paper E and Appendix A

Isle of Wight Council Budget 2002/03

Fire Service Circular 5/1992

Fire Service Act 1947

 

Contact Point :           ACO G Bryson, Deputy Chief Fire Officer F 01983 823197       [email protected]

 

 

R HARDS

Strategic Director

Chief Fire Officer

D KNOWLES

Portfolio Holder for Fire, Emergency Planning and Consumer Protection

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REPORT AUTHOR’S CHECKLIST

Fire application s19

Place Y for yes and N for no in the box below

·          Can the decision be taken under delegated powers by :

 

·           The relevant portfolio holder?
N

·           An Officer?
N

·          Has the decision appeared on the forward plan?

Y

·          Has the relevant Select Committee had the opportunity to consider the issue?

Y

·          Does the Director’s Group need the opportunity to consider the report?

N

·          Has the portfolio holder approved the report?

Y

·          Has sufficient consultation taken place?

Y

·          Is the consultation set out and evaluated in the report?

Y

·          If the recommendation is not consistent with the outcome of consultation, are reasons given?

N/A

·          Can an elected Member (or member of the public) with no previous knowledge of the report see sufficient background information (which can include reference to previous reports) to allow them to understand the issue?

 

Y

·          Does the report identify what strategic or policy aim is achieved or contributed to by the decision?

Y

·          Are all reasonable options identified and appraised?

Y

·          Is there additional risk management information which needs to be set out?

N

·          Has specialist advice been taken for the following:

 

·           Financial?

Y

·           Legal?

Y

·           Personnel?

N

·           Other?

N

·          Is the cost associated with the decision fully set out and the source of any funding identified?

Y

·          Have the following been considered and explained (where necessary) in the report:

 

·           Human Rights issues?

N/A

·           Crime and Disorder issues?

N/A

·          Is risk management properly addressed?

Y

·          Are all background papers listed and available?

Y

·          Is the implementation date clearly identified?

Y

·          If the report is confidential or exempt is the reason for the confidentiality or exemption clearly identified?

N/A

·          Are there clear recommendations with reasons?

Y

·          Are the report author and contact officer clearly identified?

Y