APPENDIX A

NATIONAL MUTUAL AID AGREEMENT

Draft 1.0

12 March 2004

1. This Agreement is made between the authorities listed in the Schedule to this agreement. It is made under (among other provisions) sections 2 and 12 of the Fire Services Act 1947 (“the Act”) and section 1 of the Local Government (Contracts) Act 1997. In relation to matters within the scope of this Agreement it applies to the exclusion of any other agreement in place between any of the authorities.

2 The headings in this Agreement are advisory and do not form part of the Agreement.

DEFINITIONS

3. For the purposes of this Agreement:

“affected authority” means a fire authority in whose area a major incident occurs or which is otherwise affected by a major incident;

“area” means the geographical area for which an authority specified in the attached Schedule is responsible;

“assisting authority” means a fire authority providing assistance in accordance with this agreement;

“authority” means any fire authority which is party to this agreement;

"available resources" are the human and material resources which, when the request for assistance is received, it is reasonably practicable for an authority to make available to an affected authority, consistent with the discharge of its statutory duties, including resources which (so far as so consistent) can be reasonably made available by changes to the arrangements for dealing with normal requirements..

“Chief Officer” is the chief officer of a fire brigade maintained by a fire authority or his or her nominee;

“major incident” is any event or circumstance (happening with or without warning) or combination of events and circumstances that causes or threatens immediate death or injury, disruption to the community, or damage to property or to the environment on such a scale that the effects cannot be dealt with as part of normal day-to-day activities of the affected authority. This includes any emergency that requires the implementation of special arrangements by the primary emergency services, the National Health Service or other public safety services in relation to one or more of the following emergency events:

a) the initial rescue, decontamination, treatment, or evacuation of a large number of casualties;

b) the involvement either directly or indirectly of large numbers of members of the public;

c) the handling of a large number of enquiries likely to be generated by the public and the news media;

d) the need for the large-scale resources of two or more of the primary emergency services; or

e) the large-scale mobilisation of the emergency services and supporting organisations to deal with the death, serious injury or homelessness to a large number of people or the threat or possibility of such an outcome."

PROVISION OF AVAILABLE RESOURCES

4 (a) In the event of a Chief Officer of an affected authority requesting assistance under this agreement, each authority agrees, subject to sub-paragraph (b), to provide assistance in the form of:

(i) the mobilisation, attendance, deployment and use of such of its available resources as are requested to deal with the major incident;

(ii) the mobilisation, attendance and deployment and use of such of its available resources as are requested to deal with other emergency incidents within the affected authority’s area;

(iii) the deployment of such of its available resources as are requested to such locations in the affected authority’s area as may be agreed in order to provide cover for other fire and rescue emergency incidents.

(iv) the attendance of such of its available senior officer resources as are requested to assist the command, control or deployment of fire and rescue service resources for the purpose of any incident within the affected authority's area.

(b) The extent of assistance to be provided by the assisting authority will be agreed by the Chief Officer of the assisting authority at the time of the request and where necessary reviewed in the light of changed circumstances as the major incident develops and local circumstances change.

CONTROL

5. The senior fire brigade officer from the affected authority will, unless otherwise agreed between the Chief Officers of the affected and assisting authorities, retain sole charge and control of all fire and rescue service operations at any major incident occurring within the affected authority’s area.

6. The Chief Officer of the affected authority shall ensure that Her Majesty’s Chief Inspector of Fire Services has been notified of the major incident.

COSTS

7. An affected authority shall:

(i) indemnify an assisting authority against all claims, losses and expenses incurred or suffered by the assisting authority arising directly or indirectly out of assistance provided under this agreement;

(ii) have no claim against an assisting authority for any claims, losses and expenses incurred or suffered by the affected authority arising directly or indirectly out of assistance provided under this agreement.

VARIATION & TERMINATION

8. This agreement shall not be varied except by the agreement of each authority.

9. Any party may terminate this agreement at any time subject to a period of six months' notice to all other parties to this agreement and shall notify Her Majesty’s Chief Inspector of Fire Services of its decision to do so.

COMMENCEMENT OF AGREEMENT

This agreement shall commence on: 2004

Signed by:

Print name:

On behalf of Fire and Rescue Authority

Date 2004

Parties to the Agreement Schedule

Fire and Rescue Authority	Address
Avon Fire Brigade	Fire Brigade Headquarters	Temple Back	Bristol	BS1 6EU
Bedfordshire and Luton Fire and Rescue Service	Southfields Road	Kempston	Bedford	MK42 7NR
Royal Berkshire Fire and Rescue Service	103 Dee Road	Tilehurst	Reading	RG30 4FS
Buckinghamshire Fire and Rescue Service	Cambridge Street		Aylesbury	HP20 1BD
Cambridgeshire Fire and Rescue Service	Hinchingbrooke Cottage	Brampton Road	Huntingdon	PE18 8NA
Cheshire Fire Brigade	Fire Service Headquarters		Winsford	CW7 2FQ
Cleveland Fire Brigade	Endeavour House	Stockton Road	Hartlepool	TS25 5TB
Cornwall County Fire Brigade	Fire Brigade Headquarters	County Hall	Truro	TR1 3AY
Directorate of Safety Services, Cumbria Fire Service	Fire Service Headquarters	Station Road	Cockermouth	CA13 0EL
Derbyshire Fire and Rescue Service	Burton Road	Littleover	Derby	DE23 6EH
Devon Fire and Rescue Service	Headquarters	The Knowle Clyst St George	Exeter	EX3 0NW
Dorset Fire and Rescue Service	Service Headquarters	Colliton Park	Dorchester	BT1 1XJ
County Durham & Darlington Fire & Rescue Brigade	Fire & Rescue Brigade Headquarters	Framwellgate Moor	Durham	DH1 5JR
Essex County Fire and Rescue Service	Rayleigh Close	Hutton	Brentwood	CM13 1AL
Gloucestershire Fire and Rescue Service	Waterwells Drive	Quedgeley	Gloucester	GL2 2AX
Hampshire Fire and Rescue Service	Headquarters	Leigh Road	Eastleigh	SO50 9SJ
Hereford and Worcester Fire Brigade	Fire Brigade Headquarters	Copenhagen Street	Worcester	WR1 2HQ
Hertfordshire Fire and Rescue Service	Service Headquarters	Old London Road	Hertford	SL13 7LD
Humberside Fire Brigade	Summergroves Way		Kingston Upon Hull	HU4 7BB
Kent Fire Brigade	The Godlands	Tovil	Maidstone	ME15 6XB
Lancashire Fire and Rescue Service	Garstang Road	Fulwood	Preston	PR2 3LH
Leicestershire Fire and Rescue Service	Leicester Road	Glenfield	Leicester	LE3 8HD
Lincolnshire Fire and Rescue Service	Fire Brigade Headquarters	South Park Avenue	Lincoln	LN5 8EL
London Fire and Emergency Planning Authority	8 Albert Embankment		London	SE1 7SD
Greater Manchester County Fire Service	146 Bolton Road	Swinton	Manchester	M27 8US
Merseyside Fire Service	Birdle Road		Bootle	L30 4YD
West Midlands Fire Service	Lancaster Circus	Queensway	Birmingham	B4 7DE
Norfolk Fire Service	Whitegates	Hethersett	Norwich	NR9 3DN
Northamptonshire Fire and Rescue Service	County Fire Headquarters	Moulton Way	Northampton	NN3 1XJ
Northumberland Fire and Rescue Service	Loansdean		Morpeth	NE61 2ED
Nottinghamshire Fire and Rescue Service	Bestwood Lodge	Arnold	Nottingham	NG5 8PD
Oxfordshire Fire and Rescue Service	Sterling Road	Kidlington	Oxford	OX5 2DU
Shropshire Fire and Rescue Service	Brigade Headquarters	St Michael's Street	Shrewsbury	SY1 2HJ
Somerset Fire Brigade	Hestercombe House	Cheddon Fitzpaine	Taunton	TA2 8LQ
Staffordshire Fire and Rescue Service	Pirehill	Stone	Staffs	ST15 0BS
Suffolk Fire Service	Fire Service Headquarters	Colchester Road	Ipswich	IP4 4SS
Surrey Fire and Rescue Service	St David's	70 Wray Park Road	Reigate	RH2 0EJ
East Sussex Fire Brigade	Headquarters	20 Upperton Road	Eastbourne	BN7 1BZ
West Sussex Fire Brigade	Fire Brigade Headquarters	Northgate	Chichester	PO19 1BD
Tyne and Wear Metropolitan Fire Brigade	Brigade Headquarters PO Box 1HR	Pilgrim Street	Newcastle Upon Tyne	NE99 1HR
Warwickshire Fire and Rescue Service	Service Headquarters	Warwick Street	Royal Leamington Spa	CV32 5LH
Isle of Wight Fire and Rescue Service	St Nicholas	58 St John's Road	Newport	Isle of Wight
Wiltshire Fire Brigade	Manor House	Potterne	Devizes	SN10 5PP
North Yorkshire Fire and Rescue Service	Fire Brigade Headquarters	Crosby Road	Northallerton	D16 1AB
South Yorkshire Fire and Rescue Service	Command Headquarters	Wellington Street	Sheffield	S1 3FG
West Yorkshire Fire Service	Fire Service Headquarters	Oakroyd Hall	Birkenshaw	BD11 2DY
Mid and West Wales Fire Brigade	Fire Brigade Headquarters	Lime Grove Avenue	Carmarthen	SA31 1SN
North Wales Fire Service	Coast Road	Rhyl	Denbighshire	LL18 3PL
South Wales Fire Service	Fire Service Headquarters	Lanelay Hall	Pontyclun	CF72 9XA
Isles of Scilly Fire Brigade	Headquarters	County Hall Station Road	Truro	Cornwall

Incident Response Units

Terms and conditions of use

March 2004

Purpose

1. This document forms the terms and conditions for a fire and rescue authority (FRA) that has been allocated an Incident Response Unit (IRU).

Background

2. The New Dimension programme is integral to the Office of the Deputy Prime Minister's (ODPM) response to the Civil Contingencies Capabilities Programme, designed to secure improved resilience and preparedness in the aftermath of September 11 2001.

3. The programme is designed to deliver the equipment, procedures and support mechanisms required to enable the UK fire service to provide an efficient, effective and sustained response to major and catastrophic incidents wherever they might occur.

4. The objective of the programme is to:

Provide an organisational capability and structure to enable the delivery of a co-ordinated national response to a range of catastrophic incidents, such that the fire and rescue service, in conjunction with others, is able to minimise life loss and injury and reduce the physical and financial effects of consequential loss and collateral damage.

5. In meeting this objective the programme is deploying a range of specialised equipment and vehicles to the fire and rescue service for use in a major or catastrophic incident (either a terrorist attack or natural disaster) on a local, regional or national scale.

6. For the purposes of mass decontamination, the programme has procured a number of Incident Response Units (IRUs) equipped with a range of specialised equipment. IRUs are distributed to the fire and rescue service to provide a permanent response capability to major or catastrophic CBRN incidents.

Roles and Responsibilities

Ownership

7. IRUs are owned by ODPM and located with the fire and rescue service on a risk assessed basis.

8. ODPM may require IRUs to be relocated in accordance with risk. Arrangements for movement will be made by ODPM with individual FRAs.

9. The FRA which has been allocated an IRU may use the IRU for Non Prescribed use. For the avoidance of doubt, the IRU remains the property of ODPM at all times.

10. The FRA will grant the ODPM, or its representative, access to property, premises and records for purposes of inspection and audit of IRUs.

Distribution and Delivery

11. ODPM is responsible for the procurement, delivery and distribution of IRUs to fire and rescue authorities.

12. The FRA is responsible for ensuring that the IRU is accepted in accordance with guidance issued by ODPM.

Training

13. Every fire fighter, whole-time, retained, central staff and other relevant users will receive basic training and it will be down to Chief Fire Officers, working with the New Dimension Regional Planners, to decide which personnel receive specialist training.

14. The Chief Fire Officer will determine when sufficient personnel have been trained to operate the IRU safely.

15. Following initial training provided by ODPM, the FRA will provide on-going training in the use of IRUs to maintain competencies and ensure familiarity in accordance with instructions from ODPM.

Staffing

16. The FRA is responsible for maintaining an appropriate crewing level for the Prescribed Use of IRUs.

Mobilisation

17. Mobilisation of IRUs will be in accordance with national procedures and guidance issued to fire and rescue authorities by ODPM.

18. In the event of a major or catastrophic incident in which resources from multiple locations are required, National Co-ordination procedures will be invoked.

Health and Safety

19. ODPM will provide a generic risk assessment of all IRUs including operational storage and use and will ensure the implementation of appropriate measures to ensure health and safety and minimise risk prior to deployment to the FRA.

20. The FRA is responsible for carrying out a local risk assessment of IRUs and procedures specific to local circumstances. This should include operational storage and environment; and the implementation of appropriate measures to ensure health and safety in training and Non Prescribed use.

21. IRUs will be issued with a national inventory and fixed stowage. The FRA may not vary the inventory and/or stowage without the written authority of ODPM.

22. The FRA is responsible for logging and reporting all RIDDOR defined incidents associated with the use of IRUs. The log will be held by the FRA.

23. The FRA may not make alterations to the IRU without prior permission from ODPM.

Insurance and liability

24. ODPM will, to the extent that it can recover from the supplier or manufacturer of IRUs, indemnify the FRA, its employees and agents against all liability for costs, loss or claim resulting from a defect in the design or manufacture of IRUs and shall arrange for replacement and repair as required.

25. ODPM will indemnify the FRA, its employees and agents in the use of IRUs for the purposes of mass decontamination, in accordance with the minute submitted to Parliament on 8 July 2002 (attached at Appendix C).

26. The ODPM will, at its expense, provide a current tax disc/exemption disc for each IRU.

27. The FRA will assume liability in respect of injury to a third party in the use IRUs for Non Prescribed use, save in circumstances where paragraph 24 above applies.

28. The FRA is liable for and will indemnify its employees and agents in the use of IRUs for Non Prescribed use in accordance with normal operating procedures.

Support and maintenance

29. The FRA is responsible for ensuring that the IRU is road worthy.

30. ODPM will arrange for annual servicing and repair of the IRU.

31. ODPM is responsible for the replacement or otherwise of all IRUs once their serviceable life has expired.

32. ODPM is responsible for all major upgrades/technology refresh to all IRUs and associated equipment as determined necessary by ODPM.

33. All IRUs and associated equipment will be provided with use, maintenance, testing and inspection instructions.

34. The FRA is responsible for the testing and maintenance of training equipment.

35. The FRA is responsible for the daily maintenance of IRUs and associated equipment assigned to it (e.g. fuelling, oil, changing bulbs) in accordance with the manufacturers instructions provided by ODPM.

36. The FRA is responsible for maintenance and replacement of consumable items of equipment resulting from Non Prescribed use.

37. The FRA will ensure all equipment is appropriately stored when not in use and that all maintenance is logged.

38. The FRA is liable for any damage to IRUs and equipment resulting from Non Prescribed use.

39. The FRA will notify ODPM of any significant defect or damage incurred to IRUs which may affect operational availability. This will be done in accordance to procedures supplied by ODPM.

Annex A - Definitions

Affected Authority

An authority in whose area a major or catastrophic incident occurs.

Area

The geographical area which is the responsibility of the affected authority.

CBRN

Chemical, Biological, Radiological, Nuclear

Fire and rescue authority

A fire and rescue authority which has been allocated an IRU.

IRU

Incident Response Unit, procured and owned by the ODPM and made available to FRAs for the purposes of mass decontamination. This includes any equipment procured and owned by the ODPM and stowed on IRUs which is made available to an FRA for the purposes of mass decontamination.

Non Prescribed use

The use of IRUs and associated equipment in the day-to-day operations of an FRA.

Prescribed use

The use of IRUs and associated equipment in response to, including training for, a declared major CBRN incident or otherwise as directed by the ODPM.

RIDDOR

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.

Annex B - Cost Apportionment

The following table details the apportionment of costs in relation to retention and deployment of IRUs for the purposes of mass decontamination.