Local Government (Scotland) Act 1973

147 Fire services

(1) Subject to the provisions of the [1947 c. 41.] Fire Services Act 1947 as amended by this section, the fire authority for the purposes of the Fire Services Acts 1947 to 1959 shall be a regional or islands council.

(2) For section 36(3) (administration scheme) of the said Act of 1947 there shall be substituted the following subsection—

“(3) It shall be the duty of the councils of the regions and islands areas comprised in either of the combined areas set out in the Table at the end of this subsection to prepare and submit to the Secretary of State, not later than 1st . January 1975 or such later date as the Secretary of State may in special circumstances allow, a scheme (hereafter referred to as an ' administration scheme ') for the provision in the combined area of the services required by section 1 of this Act, and the Secretary of State may by order approve any scheme so submitted to him.

Table

Combined area	Regions and islands areas comprised
South-eastern	Borders and Lothian.
Northern	Highland and the Islands Areas."”

(3) Not later than 1st January 1975 every new fire authority shall prepare and submit to the Secretary of State for his approval an establishment scheme for their area or combined area under section 19 of the said Act of 1947 to come into force on 16th May 1975, and the Secretary of State may approve the scheme as submitted to him or subject to such modifications as he may direct.

(4) Without prejudice to subsection (3) above, every fire authority, in respect of whose area or combined area the Secretary of State has approved or made an administration scheme under section 36 of the said Act of 1947, shall prepare and submit to the Secretary of State for his approval an establishment scheme for the combined area under the said section 19, and the Secretary of State may approve the scheme as submitted to him or subject to such modifications as he may direct.

(5) The following further amendments shall be made to section 36 of the said Act of 1947—

(a) for any reference to counties and burghs or counties or burghs there shall be substituted respectively references to regions and islands areas or regions or islands areas;

(b) in subsection (2), the words between " Secretary of State" and " for any reference to a combination scheme " shall cease to have effect;

(c) in subsection (6), for the words from the beginning to " subsection (3) of this section" there shall be substituted the words " If the councils of the regions and islands areas comprised in one of the combined areas set out in the Table at the end of subsection (3) of this section fail to submit within the time limited by that subsection " ;

(d) in subsection (8) for the words "the areas specified in the Fourth Schedule to this Act" there shall be substituted the words " any area or combined area ";

(e) in subsection (15), in the substituted section 4, for the words from the beginning to " or burgh " there shall be substituted the words " Subject to the provisions of this Act, as from 16th May 1975, the fire authority shall be a regional or islands council ";

(f) in subsection (19), for the words " (9) of section three hundred and fifty-five of the Local Government (Scotland) Act 1947 " there shall be substituted the words " (8) of section 210 of the Local Government (Scotland) Act 1973 ".

(6) In section 38(1) of the said Act of 1947 (interpretation), after the definition of " appointed day " there shall be inserted the following definition—

• “' combined area ', in relation to Scotland, means an area for which a combined fire brigade is established by an administration scheme under section 36 of this Act;”.

(7) Schedule 4 to the said Act of 1947 (combined areas in Scotland) shall cease to have effect.

(8) Section 7(2) of the [1959 c. 44.] Fire Services Act 1959 (establishment schemes) shall cease to have effect.