Search Legislation

Fire (Scotland) Act 2005


This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Fire and rescue authorities

    1. Fire and rescue authorities

      1. 1.Fire and rescue authorities

    2. Joint fire and rescue boards

      1. 2.Schemes to constitute joint fire and rescue boards

      2. 3.Schemes under section 2: amendment and revocation

      3. 4.Joint fire and rescue boards: supplementary provision

      4. 5.Existing joint fire boards

    3. Meaning of “relevant authority”

      1. 6.Meaning of “relevant authority”

  3. Part 2 Fire and rescue services

    1. Chapter 1 Appointment of Chief Officer

      1. 7.Appointment of Chief Officer

    2. Chapter 2 Principal fire and rescue functions

      1. 8.Fire safety

      2. 9.Fire-fighting

      3. 10.Road traffic accidents

      4. 11.Conferral of functions in relation to other emergencies

    3. Chapter 3 Ancillary functions

      1. 12.Emergency directions

      2. 13.Power to respond to other eventualities

      3. 14.Provision of other services

      4. 15.Provision of centres for education and training

      5. 16.Charging

    4. Chapter 4 Water supply

      1. Supply and use of water

        1. 17.Duty to secure water supply

        2. 18.Use of water

        3. 19.Agreements in relation to water supply

        4. 20.Emergency supply by Scottish Water

      2. Fire hydrants

        1. 21.Fire hydrants: provision etc.

        2. 22.Fire hydrants: recovery of costs

        3. 23.Fire hydrants: offences

      3. Works affecting supply and hydrants

        1. 24.Notice of works affecting water supply and fire hydrants

    5. Chapter 5 Powers of employees and constables

      1. Powers in emergencies

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

        2. 26.Powers of constables in relation to fires

      2. Obtaining information

        1. 27.Powers of authorised employees in relation to obtaining information

        2. 28.Giving of notices required by section 27

        3. 29.Powers of authorised employees in relation to investigating fires

        4. 30.Exercise of powers under sections 27 and 29: securing of premises

        5. 31.Sections 27 and 29: offences

      3. Use of information

        1. 32.Use of commercially sensitive information

    6. Chapter 6 Mutual assistance etc.

      1. Assistance in discharge of functions

        1. 33.Reinforcement schemes

        2. 34.Directions about reinforcement schemes

        3. 35.Assistance other than from relevant authorities

      2. Performance of functions by others

        1. 36.Arrangements for carrying out of functions by others

        2. 37.Section 36: directions

    7. Chapter 7 Assaulting or impeding employees and others

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

      2. 39.Assaulting or impeding employees discharging certain functions

    8. Chapter 8 Central supervision and support

      1. Fire and Rescue Framework for Scotland

        1. 40.Framework document

        2. 41.Adherence

        3. 42.Reporting

      2. Inspection

        1. 43.Inspectors of Fire and Rescue Authorities

        2. 44.Functions of Inspectors of Fire and Rescue Authorities

      3. Equipment, facilities and services

        1. 45.Directions for public safety purposes

        2. 46.Requirements concerning equipment and services

        3. 47.Provision of equipment etc.

      4. Training

        1. 48.Central institution and other centres for education and training

    9. Chapter 9 Employment

      1. Negotiation of conditions of service

        1. 49.Statutory negotiation arrangements

        2. 50.Guidance

      2. Supplementary

        1. 51.Prohibition on employment of police

    10. Chapter 10 Interpretation

      1. 52.Interpretation of Part 2

  4. Part 3 Fire safety

    1. Chapter 1 Fire safety duties

      1. Duties

        1. 53.Duties of employers to employees

        2. 54.Duties in relation to relevant premises

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

        4. 56.Duties of employees

      2. Regulations

        1. 57.Risk assessments: power to make regulations

        2. 58.Scottish Ministers' power to make regulations about fire safety

        3. 59.Power to make further provision for protection of fire-fighters

      3. Special case

        1. 60.Special case: temporary suspension of Chapter 1 duties

    2. Chapter 2 Enforcement

      1. 61.Enforcing authorities

      2. 62.Powers of enforcement officers

      3. 63.Prohibition notices

      4. 64.Enforcement notices

      5. 65.Alterations notices

      6. 66.Appeals

      7. 67.Determination of disputes

    3. Chapter 3 Miscellaneous

      1. 68.Prohibition on charging employees

      2. 69.Civil liability for breach of statutory duty

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

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

    4. Chapter 4 Offences

      1. 72.Offences

      2. 73.Offences by bodies corporate and partnerships

      3. 74.Offence due to fault of other person

      4. 75.Employee’s act or omission not to afford employer defence

    5. Chapter 5 General

      1. 76.Service of documents

      2. 77.Crown application

      3. 78.Meaning of “relevant premises”

      4. 79.Interpretation of Part 3

  5. Part 4 Miscellaneous

    1. 80.Inquiries

    2. 81.Inquiries: supplementary

    3. Consultation requirements

      1. 82.Pre-commencement consultation

    4. Advisory bodies

      1. 83.Payments in respect of advisory bodies

      2. 84.Abolition of Scottish Central Fire Brigades Advisory Council

    5. False alarms

      1. 85.False alarms

    6. Disposal of land

      1. 86.Disposal of land

  6. Part 5 General

    1. 87.Ancillary provision

    2. 88.Orders and regulations

    3. 89.Minor and consequential amendments and repeals

    4. 90.Commencement

    5. 91.Short title

    1. SCHEDULE 1

      Joint fire and rescue boards: supplementary provision

      1. 1.Status

      2. 2.General powers

      3. 3.Pensions

    2. SCHEDULE 2

      Fire safety measures

      1. 1.Subject to paragraph 2, the fire safety measures are—

      2. 2.Nothing in paragraph 1 shall be construed as including process...

    3. SCHEDULE 3

      Minor and consequential amendments

      1. 1.The Civil Defence Act 1948 (c. 5)

      2. 2.The Pipe-lines Act 1962 (c. 58)

      3. 3.The Gas Act 1965 (c. 36)

      4. 4.The Transport Act 1968 (c. 73)

      5. 5.The Local Government (Scotland) Act 1973 (c. 65)

      6. 6.The Control of Pollution Act 1974 (c. 40)

      7. 7.The Local Government (Scotland) Act 1975 (c. 30)

      8. 8.The Licensing (Scotland) Act 1976 (c. 66)

      9. 9.The Water (Scotland) Act 1980 (c. 45)

      10. 10.The Local Government, Planning and Land Act 1980 (c. 65)

      11. 11.The Civic Government (Scotland) Act 1982 (c. 45)

      12. 12.The Road Traffic Regulation Act 1984 (c. 27)

      13. 13.The Housing (Scotland) Act 1987 (c. 26)

      14. 14.The Housing (Scotland) Act 1988 (c. 43)

      15. 15.The Tay Road Bridge Order Confirmation Act 1991 (c.iv)

      16. 16.The Strathclyde Regional Council Order Confirmation Act 1991 (c.xx)

      17. 17.The Local Government etc. (Scotland) Act 1994 (c. 39)

      18. 18.The Merchant Shipping Act 1995 (c. 21)

      19. 19.The Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 (c.xii)

      20. 20.The Housing (Scotland) Act 2001 (asp 10)

      21. 21.The Scottish Public Services Ombudsman Act 2002 (asp 11)

      22. 22.The Freedom of Information (Scotland) Act 2002 (asp 13)

      23. 23.The Local Government in Scotland Act 2003 (asp 1)

      24. 24.The Fire and Rescue Services Act 2004 (c. 21)

      25. 25.The Emergency Workers (Scotland) Act 2005 (asp 2)

    4. SCHEDULE 4


Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


Opening Options

Different options to open legislation in order to view more content on screen at once


Explanatory Notes

Text created by the Scottish Government 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.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources