§ Lord Brookmanasked Her Majesty's Government:
Whether, in the light of Section 1(1)(f) of the Fire Services Act 1947, and the statutory duties under the Fire Precautions Act 1971 and the Fire Precautions (Workplace) Regulations 1997 to enforce such legislation, it is appropriate for the fire and rescue authorities in England and Wales to offer a fire safety design consultancy service that involves charging professional fees for advice given in respect of buildings where they subsequently monitor the adequacy of those measures. [HL2777]
§ The Minister of State, Office of the Deputy Prime Minister (Lord Rooker)The Office of the Deputy Prime Minister consulted on the appropriateness of the fire and rescue service charging for certain services in February 2004. The consultation closed on 7 May; the responses have not yet been fully analysed. In general, fire and rescue authorities may not charge for giving advice under Section 1(1)(f) or for acting as a statutory consultee. Similar provisions are included in the Fire and Rescue Services Bill currently before the House of Lords. However, in some circumstances, where the fire and rescue authority agrees to advise in a way that goes beyond its statutory functions then it is not unreasonable for it to seek an agreement to ensure it can recover its costs.
It is for fire authorities to consider the liabilities they may face if they give incorrect or inappropriate advice and also for them to ensure that they operate within the limitations of the law governing local authority chargeable service provision and cost recovery.