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Fire (Scotland) Act 2005

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This is the original version (as it was originally enacted).

2Schemes to constitute joint fire and rescue boards

This section has no associated Explanatory Notes

(1)Where it appears to the Scottish Ministers that, for the purposes of this Act, it would be in the interests of greater economy, efficiency and effectiveness that the areas of two or more fire and rescue authorities be combined, they may by order make an amalgamation scheme for that combined area.

(2)An amalgamation scheme is a scheme constituting, for the combined area of the fire and rescue authorities specified in it (the “constituent authorities”), a joint fire and rescue board consisting of such number of members, being members of the constituent authorities, as are specified in the scheme.

(3)An amalgamation scheme may include such supplementary, incidental or consequential provision as the Scottish Ministers consider appropriate.

(4)Provision that may be made under subsection (3) may include in particular provision with respect to—

(a)the proceedings of the board;

(b)its funding and financial arrangements, including in particular—

(i)provision for the payment of its expenses out of a combined fire and rescue service fund maintained by the constituent authorities;

(ii)provision about the carrying-forward from one financial year to the next of any money received by the board in respect of the first year from the constituent authorities under provision made under paragraph (b)(i) and remaining unspent at the end of the first year;

(c)the transfer to the board of any property, rights and liabilities of the constituent authorities;

(d)the transfer to the board of any staff of the constituent authorities;

(e)officers of the board;

(f)the supply of services or facilities by the constituent authorities to the board;

(g)the payment of compensation in respect of loss suffered by any person in consequence of the constitution of the board.

(5)Before making an amalgamation scheme, the Scottish Ministers shall consult—

(a)the fire and rescue authorities in respect of which the scheme is proposed;

(b)such other fire and rescue authorities as appear to them likely to be affected; and

(c)such other persons as they consider appropriate.

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