Fire (Scotland) Act 2005 - Explanatory Notes

1. Introduction

2. Background

3. The Act – an Overview

4. The Act – Section by Section

   1. Part 1 – Fire and Rescue Authorities

      1. Section 1 – Fire and rescue authorities

      2. Sections 2, 3, 4 and 5 – Joint fire and rescue boards

      3. Section 6 – Meaning of “relevant authority”

   2. Part 2 – Fire and Rescue Services

      1. Chapter 1 – Appointment of Chief Officer

         1. Section 7 – Appointment of Chief Officer

      2. Chapter 2 – Principal fire and rescue functions

         1. Section 8 – Fire safety

         2. Sections 9 and 10 – Fire-fighting and road traffic accidents

         3. Section 11 – Conferral of functions in relation to other emergencies

      3. Chapter 3 – Ancillary functions

         1. Section 12 – Emergency directions

         2. Section 13 – Power to respond to other eventualities

         3. Section 14 – Provision of other services

         4. Section 15 – Provision of centres for education and training

         5. Section 16 – Charging

      4. Chapter 4 – Water supply

         1. Section 17 – Duty to secure water supply

         2. Section 18 – Use of water

         3. Section 19 – Agreements in relation to water supply

         4. Section 20 – Emergency supply by Scottish Water

         5. Section 21 – Fire hydrants: provision

         6. Section 22 – Fire hydrants: recovery of costs

         7. Section 23 –  Fire hydrants: offences

         8. Section 24 – Notice of works affecting water supply and fire hydrants

      5. Chapter 5 – Powers of employees and constables

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

         2. Section 26 – Powers of constables in relation to fires

         3. Section 28 – Giving of notices required by section 27

         4. Section 29 – Powers of authorised employees in relation to investigating fires

         5. Section 30 – Exercise of powers under sections 27 and 29: securing of premises

         6. Section 31 – Sections 27 and 29: offences

         7. Section 32 – Use of commercially sensitive information

      6. Chapter 6 – Mutual assistance

         1. Sections 33 and 34 – Reinforcement schemes and directions about reinforcement schemes

         2. Section 35 – Assistance other than from relevant authorities

         3. Sections 36 and 37 – Arrangements for carrying out of functions by others

      7. Chapter 7 – Assaulting or impeding employees and others

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

         2. Section 39 – Assaulting or impeding employees discharging certain functions

      8. Chapter 8 – Central supervision and support

         1. Section 40 – Framework document

         2. Section 41 – Adherence

         3. Section 42 – Reporting

         4. Sections 43 and 44 – Inspectors of Fire and Rescue Authorities and functions of Inspectors of Fire and Rescue Authorities

         5. Section 45 – Directions for public safety purposes

         6. Section 46 – Requirements concerning equipment and services

         7. Section 47 – Provision of equipment

         8. Section 48 – Central institution and other centres for education and training

      9. Chapter 9 – Employment

         1. Section 49 – Statutory negotiation arrangements

         2. Section 50 – Guidance

         3. Section 51 – Prohibition on employment of police

      10. Chapter 10 – Interpretation

          1. Section 52 – Interpretation of Part 2

   3. Part 3 – Fire Safety

      1. Chapter 1 – Fire safety duties

         1. Section 53 – Duties of employers to employees

         2. Section 54 – Duties in relation to relevant premises

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

         4. Section 56 – Duties of employees

         5. Section 59 – Power to make further provision for protection of fire-fighters

         6. Section 60 – Special case: temporary suspension of Chapter 1 duties

      2. Chapter 2 – Enforcement

         1. Section 61 – Enforcing authorities

         2. Section 62 – Powers of enforcement officers

         3. Section 63 – Prohibition notices

         4.  Section 64 – Enforcement notices

         5. Section 65 – Alterations notices

         6. Section 66 – Appeals

         7. Section 67 – Determination of disputes

      3. Chapter 3 – Miscellaneous

         1. Section 68 – Prohibition on charging employees

         2. Section 69 – Civil liability for breach of statutory duty

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

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

      4. Chapter 4 – Offences

         1. Sections 72 and 73 – Offences and offences by bodies corporate and partnerships

         2. Section 74 – Offence due to fault of other person

         3. Section 75 – Employee’s act or omission not to afford employer defence

      5. Chapter 5 – General

         1. Section 76 – Service of documents

         2. Section 77 – Crown application

         3. Section 78 – Meaning of “relevant premises”

   4. Part 4 – Miscellaneous

      1. Sections 80 and 81 – Inquiries and inquiries: supplementary

      2. Section 82 – Pre-commencement consultation

      3. Section 83 – Payments in respect of advisory bodies

      4. Section 84 – Abolition of Scottish Central Fire Brigades Advisory Council

      5. Section 85 – False alarms

      6. Section 86 – Disposal of land

5. Parliamentary History