FIRE SERVICES ACT (NORTHERN IRELAND) 1969

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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
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Northern Irish Legislation

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 43
