Fire Brigades Act, 1940

Agreements between sanitary authorities for fire brigade services.

3.—(1) Whenever the Minister is satisfied, on the application of a sanitary authority, that such sanitary authority has endeavoured to make an agreement under the next preceding section with a particular fire brigade authority and is also satisfied, after consultation with such fire brigade authority, that it is reasonable, having regard to all the circumstances of the case, that such sanitary authority and such fire brigade authority should enter into an agreement under the said section, the following provisions shall have effect, that is to say:—

(a) the Minister may by order require such sanitary authority and such fire brigade authority to enter, within a specified time, into an agreement under the said section;

(b) every order made under this sub-section shall specify such and so many of the terms and provisions to be contained in the agreement made in pursuance thereof as the Minister shall think proper so to specify;

(c) when an order has been made under this sub-section, the sanitary authority and the fire brigade authority to which such order applies shall, within the time specified in that behalf in such order, enter into an agreement under the said section containing the terms and provisions required by such order and containing such (if any) other terms and provisions (not inconsistent with the said terms and provisions so required) as may be agreed upon by such sanitary authority and such fire brigade authority;

(d) every doubt, question, or dispute which shall arise between such sanitary authority and such fire brigade authority as to the terms and provisions to be contained (whether in pursuance of such order or by agreement between the parties) in such agreement shall be determined by the Minister and such determination by the Minister shall be binding on and shall be complied with by such sanitary authority and such fire brigade authority.

(2) The following provisions shall apply and have effect in relation to agreements made under the next preceding section or this section by a sanitary authority for the availability of a fire brigade maintained by a fire brigade authority or other person, that is to say:—

(a) any such agreement may contain such relevant provisions (including provisions as to payment by such sanitary authority for the services of such fire brigade) as may be agreed upon between such sanitary authority and such fire brigade authority or other person;

(b) where any such agreement has been made, it shall be lawful for such sanitary authority to carry out such agreement and, in particular, to pay moneys payable by such sanitary authority under such agreement;

(c) where any such agreement has been made with a fire brigade authority, it shall be lawful for such fire brigade authority to carry out such agreement and, in particular, to receive moneys payable to such fire brigade authority under such agreement;

(d) where any such agreement has been made (whether with a fire brigade authority or with any other person), such sanitary authority may make such provision in respect of the public water supply in their sanitary district as will ensure that a sufficient supply of water is available for and accessible to the fire brigade to which such agreement relates when rendering services in pursuance of such agreement, and may establish and maintain in the public streets and other places fire alarms whereby such fire brigade may be summoned.