Textual Amendments
F1Ss. 39A-39C and cross-heading inserted (8.8.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 113, 129(1)(b)
(1)In carrying out its duties under section 39A, SFRS must have regard to the matters mentioned in subsection (2).
(2)The matters are—
(a)any relevant guidance issued by the Scottish Ministers,
(b)what are, whether by reference to any generally recognised published code or otherwise, regarded as proper arrangements for the purposes of section 39A(1) (or purposes which include those purposes).
(3)Before issuing relevant guidance, the Scottish Ministers must consult—
(a)SFRS, and
(b)such other persons as they think appropriate.
(4)In the event of a conflict in any respect between the matter to which SFRS is to have regard under paragraph (a) of subsection (2) and the matter to which it is to have regard under paragraph (b) of that subsection, SFRS must in that respect have regard only to matters within paragraph (a).
(5)In this section “relevant guidance”—
(a)means guidance on the carrying out of the duties imposed by section 39A,
(b)includes in particular guidance on
(i)how to make and what is to be included in the arrangements mentioned in section 39A(1),
(ii)how to implement the duty imposed by that section.]