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• 9/2004 - Fire Services Appointments and Promotion Regulations

Fire and resilience

9/2004 - Fire Services Appointments and Promotion Regulations

The Chief Executive to the County Council

The Clerk to the Fire and Rescue Authority

The Clerk to the Fire and Civil Defence Authority

The Clerk to the Combined Fire and Rescue Authority

The Commissioner of the London Fire and Emergency Planning Authority

The Chief Fire Officer

26^th March 2004

Dear Sir or Madam

FIRE SERVICE CIRCULAR 9/2004

THE FIRE SERVICES (APPOINTMENTS AND PROMOTION) (ENGLAND AND WALES) REGULATIONS 2004

1. This circular advises that The Fire Services (Appointments and Promotion) (England And Wales) Regulations 2004 came in to force on 25^th March 2004. A copy of the new Regulations is attached at Annex A.
2. In accordance with the commitment set out in the White Paper, "Our Fire and Rescue Service," and the draft Fire and Rescue National Framework, the Fire Services Appointments and Promotion Regulations 1978, as amended, were reviewed last year. Following consultation with the Central Fire Brigades Advisory Council new regulations were drafted and laid before Parliament on 4^th March. Parliament has now approved the new regulations as drafted. In doing so, the provisions of the 1978 regulations and amendments have been revoked.
3. As set out in the draft National Framework the intention in introducing the new regulations was to:

• confirm the principles inherent in the Integrated Personal Development System including the replacement of ranks with roles
• remove potentially discriminatory requirements e.g. for time-serving in certain ranks;
• remove the single level entry system for operational staff and facilitate multi-level entry, allowing for suitable staff to be recruited directly into roles other than firefighter;
• enable serving personnel with potential to develop and progress more quickly; and
• make possible the introduction of the new national firefighter recruitment and selection tests.

4. The new regulations will provide fire and rescue authorities with greater flexibility in the appointment and promotion of staff. Existing staff with the appropriate skills and competences can now progress to the highest levels of responsibility within the organisation without the pre-requisite of having served as a firefighter. External applicants can now join the fire and rescue service at any level, up to and including Brigade Management.
5. The new provisions will enable fire and rescue services to widen their appointments processes. This will not only mean that applicants can be brought into the service at levels appropriate to their existing skills but will also help the service in its objective to create a more diverse workforce.
6. The new regulations do not contain reference to specific procedures which should be employed for the recruitment, selection, appointment or progression of staff. However, fire and rescue authorities are reminded that good practice promotes the use of procedures which ensure that there is fair and open competition for appointment and promotion and that all procedures should be fair and fairly applied. No procedure or part of a procedure should discriminate unfairly on any grounds. Authorities are also reminded of the provisions of Section 7 of the Local Government and Housing Act 1989 which requires all appointments made by a local authority to be made on merit.
7. Fire and rescue authorities should already be aware that new national firefighter recruitment and selection tests are currently being developed for introduction to the service in Spring 2005. Until these tests are introduced authorities need to ensure that any tests or procedures which they use for the selection and appointment of firefighters (or any other members of staff) are job relevant and do not unfairly discriminate on any grounds. Authorities will also be aware that the FRS Personal Qualities and Attributes (PQA) Framework currently being drawn up will form the basis of assessment of potential in the future. Circulars on the PQA Framework on the interim Assessment Development Centre process are expected to be issued shortly.
8. The provisions of these regulations apply to both wholetime and retained personnel.
9. The new regulations, like their predecessors, are formulated under the provisions of the Fire Services Act 1947 which incorporates the terms "brigade" and "rank". It has been necessary to retain these references in the new provisions. This terminology will not however be reflected in the National Framework document.
10. Fire and rescue authorities should note that the new regulations may have only a very limited life span. They will be revoked with the 1947 Act once the new Fire Services Bill is enacted. At that stage, the provisions of the regulations will be reflected and more fully amplified in the provisions of the National Framework.
11. For further information on the contents of this circular please contact: enquiry.service@communities.gsi.gov.uk