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Amendments to the Fire Services Bill

Fire Services Bill


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 2

 

THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
THE LORD WEDDERBURN OF CHARLTON

34Page 2, line 28, at end insert—
"(1A)  An act shall not constitute an unlawful act or unlawful means for the purposes of the law of tort by reason only that it is—
(a)  a breach or contravention of or non-compliance with this Act or an order made under this Act, or
(b)  an inducement or incitement of or agreement to commit such breach or non-compliance.
(1B)  In subsection (1A) "act" includes deliberate omission."
35Page 2, line 28, at end insert—
"(1C)  An act done by a person in contemplation or furtherance of a trade dispute is not actionable in tort on the ground only—
(a)  that it is a breach or contravention of or non-compliance with this Act, or any order made under this Act, or constitutes an inducement or agreement to commit any such breach, contravention or non-compliance, or
(b)  that it consists in his threatening that any such breach, contravention, non-compliance, inducement or agreement will be effected.
(1D)  Subsection (1C) does not apply to the liability of a fire authority for breach of duty in respect of acts which are in breach of, or non-compliance with, its duty under section 1(9)."
36Page 2, line 30, after first "service" insert "means contractual terms and conditions of employment and"
37Page 2, line 31, at end insert "but does not include conditions relating to termination or loss of employment by reason of redundancy or otherwise"
38Page 2, line 45, at end insert—
"(2A)  In determining what appear to him to be appropriate arrangements on a negotiating body, the Secretary of State shall pay regard to relevant Conventions of the International Labour Organisation ratified by the United Kingdom."
39Page 3, line 5, at end insert "but do not include property in the form of rights arising from or under a contract of employment or a contract with any person who undertakes to do or perform any work or services"
40Page 3, line 5, at end insert—
"(3A)  In the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) after section 238A there is inserted—
    "238BUnfair dismissal of fire brigade members
      Section 238A shall apply to a member of a fire brigade where he commits an act or is induced to commit an act which by virtue of the Fire Services Act 2003 is not actionable in tort.""
41Page 3, line 5, at end insert—
"(3B)  An act done in contemplation or furtherance of a trade dispute which is otherwise protected under Part V of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) shall not be actionable in tort on the grounds only—
(a)  that it is a breach or contravention of, or non-compliance with, this Act, or any order made under this Act, or that it constitutes an inducement or agreement to commit any such breach, contravention or non-compliance, or
(b)  that it consists in a person threatening that any such breach, contravention, non-compliance, inducement or agreement will be effected."
42Page 3, line 27, at end insert—
"(5A)  After section 244(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) there shall be inserted—
    "(2A)  For the avoidance of doubt, subsection (2) applies to any case in which the dispute relates to matters which are the subject of an order made by the Secretary of State under the Fire Services Act 2003 affecting the working conditions of members of a fire brigade.""
43Page 3, line 30, at end insert—
"(6A)  To the extent that this Act or an order made under it places any duty upon a fire brigade member, it shall take effect as an obligation implied into his contract of employment and not otherwise.
(6B)  An act done by a member of a fire brigade in contemplation or furtherance of a trade dispute shall not constitute a breach of contract by reason only that it is in breach or contravention of or in non-compliance with this Act or any order made under this Act.
(6C)  In subsection (6B) "act" includes deliberate omission."
 

In the Title

 

THE LORD CAMPBELL OF ALLOWAY

44Line 2, after "brigades" insert "as a means of last resort to avoid disruption of such services by collective action"
 

THE LORD LEA OF CRONDALL

45Line 2, at end insert "and for connected purposes"

 
 
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11 July 2003