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Fire (Scotland) Act 2005

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Fire (Scotland) Act 2005 is up to date with all changes known to be in force on or before 17 August 2018. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

  1. Introductory Text

  2. Part 1 The Scottish Fire and Rescue Service

    1. 1.Fire and rescue authorities

    2. 1A.The Scottish Fire and Rescue Service

    3. Joint fire and rescue boards

      1. 2.Schemes to constitute joint fire and rescue boards

      2. 3.Schemes under section 2: amendment and revocation

      3. 4.Joint fire and rescue boards: supplementary provision

      4. 5.Existing joint fire boards

    4. Meaning of “relevant authority”

      1. 6.Meaning of “relevant authority”

  3. Part 2 Fire and rescue services

    1. Chapter 1 Appointment of Chief Officer

      1. 7.Appointment of Chief Officer

    2. Chapter 2 Principal fire and rescue functions

      1. 8.Fire safety

      2. 9.Fire-fighting

      3. 10.Road traffic accidents

      4. 11.Conferral of functions in relation to other emergencies

    3. Chapter 3 Ancillary functions

      1. 12.Emergency directions

      2. 13.Power to respond to other eventualities

      3. 14.Provision of other services

      4. 15.Provision of centres for education and training

      5. 16.Charging

      6. 16A.Exercise of powers at sea: further provision

    4. Chapter 4 Water supply

      1. Supply and use of water

        1. 17.Duty to secure water supply

        2. 18.Use of water

        3. 19.Agreements in relation to water supply

        4. 20.Emergency supply by Scottish Water

      2. Fire hydrants

        1. 21.Fire hydrants: provision etc.

        2. 22.Fire hydrants: recovery of costs

        3. 23.Fire hydrants: offences

      3. Works affecting supply and hydrants

        1. 24.Notice of works affecting water supply and fire hydrants

        2. 24A.Use of electronic communication

    5. Chapter 5 Powers of employees and constables

      1. Powers in emergencies

        1. 25.Powers of authorised employees in relation to emergencies

        2. 26.Powers of constables in relation to fires

      2. Obtaining information

        1. 27.Powers of authorised employees in relation to obtaining information

        2. 28.Giving of notices required by section 27

        3. 29.Powers of authorised employees in relation to investigating fires

        4. 30.Exercise of powers under sections 27 and 29: securing of premises

        5. 31.Sections 27 and 29: offences

      3. Use of information

        1. 32.Use of commercially sensitive information

    6. Chapter 6 Mutual assistance etc.

      1. Assistance in discharge of functions

        1. 33.Reinforcement schemes

        2. 34.Directions about reinforcement schemes

        3. 35.Assistance

      2. Performance of functions by others

        1. 36.Arrangements for carrying out of functions by others

        2. 37.Section 36: directions

    7. Chapter 7 Assaulting or impeding employees and others

      1. 38.Amendment of Emergency Workers (Scotland) Act 2005

      2. 39.Assaulting or impeding employees discharging certain functions

    8. Chapter 8 Central supervision and support

      1. Best value

        1. 39A.Best value

        2. 39B.Best value: further provision

        3. 39C.Examinations of SFRS by Auditor General

      2. Fire and Rescue Framework for Scotland

        1. 40.Framework document

        2. 41.Adherence

    9. Chapter 8A Planning, Reports and Information

      1. Strategic plan

        1. 41A.SFRS's first strategic plan

        2. 41B.Review of plan

        3. 41C.SFRS's duty to have regard to approved plan

      2. Local fire and rescue plans

        1. 41D.Provision of local services

        2. 41E.Local fire and rescue plans

        3. 41F.Power to review plan

        4. 41G.Mandatory review

        5. 41H.Provision of information to local authority

        6. 41J.Local Senior Officers

        7. 41K.Monitoring by local authority

        8. 41L.Annual report

        9. 41M.Provision of information

      3. 42.Reporting

      4. Directions

        1. 42A.Directions

      5. Inspection

        1. 43.Inspectors of Fire and Rescue Authorities

    10. Chapter 8B Inspection

      1. Inspectors of SFRS

        1. 43A.Inspectors of SFRS

        2. 43B.Inquiries by Inspectors

        3. 43C.Inquiries under section 43B(1): reports

        4. 43D.Inquiries under section 43B(2): reports

        5. 43E.Inquiry reports: duties of SFRS

        6. 43F.Chief Inspector's plan

      2. Co-operation and information-sharing

        1. 43G.Co-operation and information-sharing: Auditor General

      3. 44.Functions of Inspectors of Fire and Rescue Authorities

    11. Chapter 8C Equipment, Facilities and Services

      1. 45.Directions for public safety purposes

      2. 46.Requirements concerning equipment and services

      3. 47.Provision of equipment etc.

      4. Training

        1. 48.Central institution and other centres for education and training

    12. Chapter 9 Employment

      1. Negotiation of conditions of service

        1. 49.Statutory negotiation arrangements

        2. 50.Guidance

      2. Supplementary

        1. 51.Prohibition on employment of police

    13. Chapter 10 Interpretation

      1. 52.Interpretation of Part 2

  4. Part 3 Fire safety

    1. Chapter 1 Fire safety duties

      1. Duties

        1. 53.Duties of employers to employees

        2. 54.Duties in relation to relevant premises

        3. 55.Taking of measures under section 53 or 54: considerations

        4. 56.Duties of employees

      2. Regulations

        1. 57.Risk assessments: power to make regulations

        2. 58.Scottish Ministers' power to make regulations about fire safety

        3. 59.Power to make further provision for protection of fire-fighters

      3. Special case

        1. 60.Special case: temporary suspension of Chapter 1 duties

    2. Chapter 2 Enforcement

      1. 61.Enforcing authorities

      2. 62.Powers of enforcement officers

      3. 63.Prohibition notices

      4. 64.Enforcement notices

      5. 65.Alterations notices

      6. 66.Appeals

      7. 67.Determination of disputes

    3. Chapter 3 Miscellaneous

      1. 68.Prohibition on charging employees

      2. 69.Civil liability for breach of statutory duty

      3. 70.Consequential restriction of application of Part I of Health and Safety at Work etc. Act 1974

      4. 71.Suspension of terms and conditions of licences dealing with same matters as this Part

    4. Chapter 4 Offences

      1. 72.Offences

      2. 73.Offences by bodies corporate and partnerships

      3. 74.Offence due to fault of other person

      4. 75.Employee's act or omission not to afford employer defence

    5. Chapter 5 General

      1. 76.Service of documents

      2. 77.Crown application

      3. 77A.Application to visiting forces etc.

      4. 78.Meaning of “relevant premises”

      5. 79.Interpretation of Part 3

  5. Part 4 Miscellaneous

    1. 80.Inquiries

    2. 81.Inquiries: supplementary

    3. Consultation requirements

      1. 82.Pre-commencement consultation

    4. Advisory bodies

      1. 83.Payments in respect of advisory bodies

      2. 84.Abolition of Scottish Central Fire Brigades Advisory Council

    5. False alarms

      1. 85.False alarms

    6. Disposal of land

      1. 86.Disposal of land

  6. Part 5 General

    1. 86A.Interpretation

    2. 87.Ancillary provision

    3. 88.Orders and regulations

    4. 89.Minor and consequential amendments and repeals

    5. 90.Commencement

    6. 91.Short title

    1. SCHEDULE 1

      Joint fire and rescue boards: supplementary provision

      1. Status

        1. 1.Joint fire and rescue boards: supplementary provision

      2. General powers

        1. 2.Joint fire and rescue boards: supplementary provision

      3. Pensions

        1. 3.Joint fire and rescue boards: supplementary provision

    2. SCHEDULE 1A

      The Scottish Fire and Rescue Service

      1. Status

        1. 1.(1) SFRS— (a) is not a servant or agent of...

      2. Membership

        1. 2.(1) SFRS is to consist of— (a) a member appointed...

      3. Disqualification

        1. 3.(1) A person is disqualified from appointment, and from holding...

      4. Tenure

        1. 4.(1) A member is to be appointed for a period...

      5. Removal from office

        1. 5.(1) The Scottish Ministers may remove a member from office...

      6. Remuneration, allowances and expenses of members

        1. 6.SFRS may pay to its members such remuneration, allowances and...

      7. The Chief Officer

        1. 7.(1) SFRS must employ a Chief Officer.

      8. SFRS's employees

        1. 8.(1) SFRS may employ staff. (2) Staff are to be...

      9. Committees and sub-committees

        1. 9.(1) SFRS may establish committees for any purpose.

      10. Procedure

        1. 10.(1) SFRS may regulate— (a) its own procedure (including quorum),...

      11. Public access

        1. 11.(1) SFRS must ensure that its proceedings and those of...

      12. Governance and accountability

        1. 12.SFRS must try to ensure that each of its members,...

      13. SFRS's general powers

        1. 13.(1) SFRS may do anything that it considers appropriate for...

      14. Delegation of functions

        1. 14.(1) SFRS may delegate any of its functions to a...

      15. Location of principal office premises

        1. 15.Any determination by SFRS as to the location of the...

      16. Grants

        1. 16.(1) The Scottish Ministers may make grants to SFRS of...

      17. Accounts

        1. 17.(1) SFRS must— (a) keep proper accounts and accounting records,...

    3. SCHEDULE 2

      Fire safety measures

      1. 1.Subject to paragraph 2, the fire safety measures are—

      2. 2.Nothing in paragraph 1 shall be construed as including process...

    4. SCHEDULE 3

      Minor and consequential amendments

      1. The Civil Defence Act 1948 (c. 5)

        1. 1.(1) The Civil Defence Act 1948 shall be amended as...

      2. The Pipe-lines Act 1962 (c. 58)

        1. 2.In section 37 of the Pipe-lines Act 1962 (persons to...

      3. The Gas Act 1965 (c. 36)

        1. 3.(1) The Gas Act 1965 shall be amended as follows....

      4. The Transport Act 1968 (c. 73)

        1. 4.In section 102(4) of the Transport Act 1968 (application to...

      5. The Local Government (Scotland) Act 1973 (c. 65)

        1. 5.In section 63A of the Local Government (Scotland) Act 1973...

      6. The Control of Pollution Act 1974 (c. 40)

        1. 6.In subsection (2)(a) of section 62 of the Control of...

      7. The Local Government (Scotland) Act 1975 (c. 30)

        1. 7.(1) The Local Government (Scotland) Act 1975 shall be amended...

      8. The Licensing (Scotland) Act 1976 (c. 66)

        1. 8.(1) The Licensing (Scotland) Act 1976 shall be amended as...

      9. The Water (Scotland) Act 1980 (c. 45)

        1. 9.(1) The Water (Scotland) Act 1980 shall be amended as...

      10. The Local Government, Planning and Land Act 1980 (c. 65)

        1. 10.In subsection (1) of section 2 of the Local Government,...

      11. The Civic Government (Scotland) Act 1982 (c. 45)

        1. 11.In section 54 of the Civic Government (Scotland) Act 1982...

      12. The Road Traffic Regulation Act 1984 (c. 27)

        1. 12.In section 87 of the Road Traffic Regulation Act 1984...

      13. The Housing (Scotland) Act 1987 (c. 26)

        1. 13.In section 82 of the Housing (Scotland) Act 1987 (interpretation...

      14. The Housing (Scotland) Act 1988 (c. 43)

        1. 14.In the Housing (Scotland) Act 1988— (a) for sub-paragraph (vii)...

      15. The Tay Road Bridge Order Confirmation Act 1991 (c.iv)

        1. 15.In the Schedule (Provisional Order confirmed by Act) to the...

      16. The Strathclyde Regional Council Order Confirmation Act 1991 (c.xx)

        1. 16.In the Schedule to the Strathclyde Regional Council Order Confirmation...

      17. The Local Government etc. (Scotland) Act 1994 (c. 39)

        1. 17.In subsection (4) of section 43 (guidance as to exercise...

      18. The Merchant Shipping Act 1995 (c. 21)

        1. 18.In section 135(1) of the Merchant Shipping Act 1995 (restrictions...

      19. The Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 (c.xii)

        1. 19.In the Schedule to the Scottish Borders Council (Jim Clark...

      20. The Housing (Scotland) Act 2001 (asp 10)

        1. 20.In paragraph 2 of schedule 1 to the Housing (Scotland)...

      21. The Scottish Public Services Ombudsman Act 2002 (asp 11)

        1. 21.For paragraph 13 of schedule 2 to the Scottish Public...

      22. The Freedom of Information (Scotland) Act 2002 (asp 13)

        1. 22.In schedule 1 to the Freedom of Information (Scotland) Act...

      23. The Local Government in Scotland Act 2003 (asp 1)

        1. 23.(1) The Local Government in Scotland Act 2003 shall be...

      24. The Fire and Rescue Services Act 2004 (c. 21)

        1. 24.In subsection (10) of section 34 of the Fire and...

      25. The Emergency Workers (Scotland) Act 2005 (asp 2)

        1. 25.In section 7 of the Emergency Workers (Scotland) Act 2005...

    5. SCHEDULE 4

      Repeals

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