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Fire (Scotland) Act 2005

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Fire (Scotland) Act 2005. For other versions of these Explanatory Notes, see More Resources.

  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 etc.

        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 etc.

        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 etc.

        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 etc. 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

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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