Fire (Scotland) Act 2005

Part 2 S Fire and rescue services

Chapter 1 S Appointment of Chief Officer

7 Appointment of Chief Officer S

(1) Each relevant authority shall appoint a person to be known as a Chief Officer.

(2) A Chief Officer shall be responsible to the relevant authority for the discharge of the functions conferred on the authority by virtue of this Act by any person employed by the authority for the purpose of discharging those functions.

Chapter 2 S Principal fire and rescue functions

8 Fire safety S

(1) Each relevant authority shall make provision for the purpose of promoting fire safety in its area.

(2) In making provision under subsection (1) a relevant authority shall in particular, to the extent that the authority considers it reasonable to do so, make arrangements for—

(a) the provision of information, publicity and encouragement in respect of the steps to be taken to prevent—

(i) fires; and

(ii) death or injury by fire;

(b) the giving of advice, on request, about—

(i) how to prevent fires and restrict their spread in buildings and other property; and

(ii) the means of escape from buildings and other property in the event of fire.

9 Fire-fighting S

(1) Each relevant authority shall make provision for the purpose of—

(a) extinguishing fires in its area; and

(b) protecting life and property in the event of fires in its area.

(2) In making provision under subsection (1) a relevant authority shall in particular—

(a) secure the provision of the personnel, services and equipment necessary to meet efficiently all normal requirements;

(b) secure the provision of training for personnel;

(c) make arrangements for—

(i) dealing with calls for help; and

(ii) summoning personnel,

in the event of fire;

(d) make arrangements for obtaining information required or likely to be required for the purpose mentioned in that subsection;

(e) make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose mentioned in that subsection.

10 Road traffic accidents S

(1) Each relevant authority shall make provision for the purpose of—

(a) rescuing persons in the event of road traffic accidents in its area; and

(b) to the extent that it considers it reasonable to do so, protecting persons from serious harm in the event of road traffic accidents in its area.

(2) In making provision under subsection (1) a relevant authority shall in particular—

(a) secure the provision of the personnel, services and equipment necessary to meet efficiently all normal requirements;

(b) secure the provision of training for personnel;

(c) make arrangements for—

(i) dealing with calls for help; and

(ii) summoning personnel,

in the event of road traffic accidents;

(d) make arrangements for obtaining information required or likely to be required for the purpose mentioned in that subsection;

(e) make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose mentioned in that subsection.

11 Conferral of functions in relation to other emergencies S

(1) The Scottish Ministers may by order (an “additional function order”) confer on a relevant authority (the “specified authority”) a function relating to an emergency of a kind specified in the order (the “additional function”).

(2) An additional function order may not specify as a kind of emergency—

(a) a fire; or

(b) a road traffic accident,

in the area of the specified authority.

(3) An additional function order may make provision for or in connection with—

(a) requiring the additional function to be carried out by the specified authority outwith its area;

(b) specifying what the specified authority shall or may do for the purpose of the additional function;

(c) requiring or authorising the specified authority—

(i) to secure the provision of personnel, services and equipment;

(ii) to secure the provision of training for personnel;

(iii) to make arrangements for dealing with calls for help and summoning personnel;

(iv) to make arrangements for obtaining information required or likely to be required for the purpose of carrying out the function;

(v) to make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from carrying out the function.

Commencement Information

I1 S. 11 wholly in force at 2.8.2005; s. 11 not in force at Royal Assent see s. 90; s. 11 in force for certain purposes at 6.4.2005 by S.S.I. 2005/207, art. 3; s. 11 in force at 2.8.2005 in so far as not already in force by S.S.I. 2005/392, art. 2(b)

Chapter 3 S Ancillary functions

12 Emergency directions S

(1) The Scottish Ministers may issue a direction (an “emergency direction”) requiring a relevant authority to—

(a) take such action; or

(b) refrain from taking such action,

in relation to a fire, or emergency of another kind, as is specified in the direction.

(2) An emergency direction may require an authority to act outwith its area.

(3) An emergency direction may be varied or revoked by a further such direction.

13 Power to respond to other eventualities S

(1) A relevant authority may take any action it considers appropriate—

(a) in response to an event or situation that causes or is likely to cause—

(i) a person to die, be injured or become ill; or

(ii) harm to the environment (including the life and health of plants and animals and the fabric of buildings); or

(b) for the purpose of enabling it to take action in response to such an event or situation.

(2) The power conferred by subsection (1)—

(a) includes power to secure the provision of equipment; and

(b) may be exercised by an authority within or outwith its area.

14 Provision of other services S

(1) A relevant authority may provide—

(a) the services of any persons employed by it; or

(b) any equipment maintained by it,

to any person for any purpose that appears to the authority to be appropriate.

(2) An authority may provide services or equipment under this section within or outwith its area.

15 Provision of centres for education and training S

A relevant authority may establish and maintain one or more centres for providing education and training in matters in relation to which relevant authorities have functions.

16 Charging S

(1) The Scottish Ministers may by order (a “charging order”) authorise a relevant authority to charge a person of a description specified in the order for any action so specified taken by the authority.

(2) A charging order may authorise a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by the authority.

(3) A charging order may authorise charging for—

(a) extinguishing fires;

(b) protecting life; or

(c) protecting property in the event of fires,

only in respect of action taken by the authority at sea (or, if the authority's area extends to the low water mark, action taken at sea outwith its area).

(4) Where a relevant authority authorised by a charging order to charge for taking action of a particular description decides to do so—

(a) the amount of the charge shall be set by the authority;

(b) different amounts may be charged in different circumstances (and the authority may charge nothing).

(5) In setting the amount of a charge, a relevant authority shall secure that, taking one financial year with another, the authority's income from charges does not exceed the cost to the authority of taking the action for which the charges are imposed.

(6) In subsection (5) “financial year” means the period of 12 months ending on 31 March.

[F1 (7) The references in subsection (3) to “sea” include–

(a) that part of the territorial sea of the United Kingdom which is not adjacent to Scotland; and

(b) sea beyond the territorial sea of the United Kingdom.]F1

Textual Amendments

F1 S. 16(7) inserted (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(b), 2(2); S.S.I. 2005/392, art. 2(c)(d)

Commencement Information

I2 S. 16 wholly in force at 2.8.2005; s. 16 not in force at Royal Assent see s. 90; s. 16 in force for certain purposes at 6.4.2005 by S.S.I. 2005/207, art. 3; s. 16 in force at 2.8.2005 in so far as not already in force by S.S.I. 2005/392, art. 2(b)

[F2 16A Exercise of powers at sea: further provision S

 

(1) Subsection (2) applies where a relevant authority has power to act, or is required to act, at sea.

(2) The power may be exercised or the duty carried out–

(a) at sea in that part of the territorial sea of the United Kingdom which is not adjacent to Scotland; and

(b) at sea beyond the territorial sea of the United Kingdom.]

Textual Amendments

F2 S. 16A inserted (2.8.2005 in accordance with art. 1(2)(b) of the amending S.I.) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), art. 2(3); S.S.I. 2005/392, art. 2(c)(d) and said inserted provision expressed to be commenced on 1.10.2006 by S.S.I. 2006/458, art. 2(a) (subject to art. 3)

Chapter 4 S Water supply

Supply and use of water S

17 Duty to secure water supply S

(1) A relevant authority shall take all reasonable measures for securing that an adequate supply of water will be available for the authority's use for the purposes mentioned in subsection (2).

(2) Those purposes are—

(a) extinguishing fires in the area of the authority;

(b) protecting life and property in the event of fires in its area;

(c) rescuing people in the event of road traffic accidents in its area;

(d) protecting people from serious harm in the event of road traffic accidents in its area;

(e) carrying out any function conferred on the authority by an order under section 11; and

(f) fulfilling any requirement made of the authority by a direction given to it under section 12.

18 Use of water S

(1) Subject to—

(a) an agreement under section 19(1); and

(b) section 9A of the Water (Scotland) Act 1980 (c. 45) (charging for emergency use of water),

a relevant authority may use any suitable supply of water for the purposes mentioned in section 17(2).

(2) A relevant authority shall pay reasonable compensation for water used by virtue of subsection (1).

19 Agreements in relation to water supply S

(1) For the purposes of section 17, a relevant authority may—

(a) enter into an agreement with Scottish Water; or

(b) enter into an agreement to—

(i) secure the use of water under the control of a person other than Scottish Water;

(ii) improve access to any such water;

(iii) lay and maintain pipes and carry out other works in connection with the use of such water.

(2) Subject to section 9A of the Water (Scotland) Act 1980 (c. 45) (charging for emergency use of water), an agreement mentioned in subsection (1)(a) may include terms as to payment to be made to Scottish Water.

(3) Scottish Water shall not unreasonably refuse to enter into an agreement mentioned in subsection (1)(a) which is proposed by a relevant authority.

(4) Any question whether Scottish Water has unreasonably refused to enter into an agreement mentioned in subsection (1)(a) shall be determined by the Scottish Ministers.

20 Emergency supply by Scottish Water S

(1) If a relevant authority requests Scottish Water to provide a supply or pressure of water for a purpose mentioned in section 17(2) that is greater than it would otherwise provide, it shall take all necessary steps in order to do so.

(2) For the purposes of complying with its obligation under subsection (1) Scottish Water may shut off the water from the mains and pipes in any area.

(3) Scottish Water (and any other person) shall not be liable to any penalty or claim arising because of anything done by Scottish Water in complying with its obligation under subsection (1).

(4) If, without reasonable excuse, Scottish Water fails to take any step which it is obliged to take under subsection (1), it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Fire hydrants S

21 Fire hydrants: provision etc. S

(1) Sections 19 to 22 of Schedule 4 to the Water (Scotland) Act 1980 (c. 45) (requirement to provide fire hydrants etc.) shall apply to Scottish Water.

(2) Scottish Water shall cause the location of every fire hydrant provided by it to be clearly indicated by—

(a) a notice; or

(b) a distinguishing mark.

(3) Scottish Water may place such a notice or mark on a wall or fence adjoining a road or public place.

(4) The expenses incurred by Scottish Water under subsection (2) in relation to a hydrant shall be borne by the relevant authority in whose area the hydrant is located.

(5) The Scottish Ministers may make regulations providing for uniformity in—

(a) fire hydrants provided by Scottish Water; and

(b) notices or marks indicating locations of such hydrants.

(6) Where a fire hydrant provided by Scottish Water is damaged as the result of any use made of it with the authority of Scottish Water (other than use for the purposes of fire-fighting or any other purposes of a relevant authority) the relevant authority in whose area the hydrant is located shall not be liable for the cost of repairing or replacing it.

22 Fire hydrants: recovery of costs S

(1) Schedule 4 to the Water (Scotland) Act 1980 (c. 45) (provisions incorporated in orders relating to water undertakings) shall be amended as follows.

(2) After section 21 insert—

The Scottish Ministers may by regulations make provision as to—

(a) the persons (other than Scottish Water) from whom; or

(b) the circumstances in which,

fire authorities may recover costs defrayed under section 21 of this Schedule.”.

(3) In section 22, for the words “the last but one foregoing section” substitute “ section 20 of this Schedule ”.

23 Fire hydrants: offences S

(1) A person who—

(a) uses a fire hydrant provided by Scottish Water otherwise than for a purpose mentioned in subsection (2); or

(b) damages or obstructs such a fire hydrant otherwise than in consequence of use for such a purpose,

shall be guilty of an offence.

(2) Those purposes are—

(a) fire-fighting;

(b) any other purpose of a relevant authority;

(c) any purpose authorised by Scottish Water.

(3) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Works affecting supply and hydrants S

24 Notice of works affecting water supply and fire hydrants S

(1) A person who proposes to carry out works for the purpose of supplying water to any part of the area of a relevant authority shall give the relevant period's notice in writing to the authority.

(2) In subsection (1) the “relevant period” is—

(a) in the case where the works are proposed to be carried out to comply with a requirement imposed under any enactment other than the Water (Scotland) Act 1980 (c. 45), 14 days;

(b) in any other case, 6 weeks.

(3) A person who proposes to carry out works affecting a fire hydrant shall give at least 7 days' notice in writing to the relevant authority in whose area the hydrant is situated.

(4) If it is not practicable for a person to give notice as required by subsection (1) or (3), the person shall be regarded as having given such notice if it is given as soon as practicable.

(5) A person who, without reasonable excuse, fails to give notice as required by subsection (1) or (3) shall be guilty of an offence.

(6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

[F3 24A Use of electronic communication S

 

(1) In section 24(1) and (3), the reference to the giving of notice in writing shall include the giving of notice by means of a document, the text of which–

(a) is received in legible form;

(b) is capable of being used for subsequent reference; and

(c) is sent by an electronic communication within the meaning of section 15(1) of the Electronic Communications Act 2000 (c. 7).]

Textual Amendments

F3 S. 24A inserted (23.6.2006) by The Electronic Communications (Scotland) Order 2006 (S.S.I. 2006/367), arts. 1(1) {8}

Chapter 5 S Powers of employees and constables

Powers in emergencies S

25 Powers of authorised employees in relation to emergencies S

(1) An employee of a relevant authority who is authorised in writing by the authority for the purposes of this section (an “authorised employee”) and on duty may—

(a) if the employee reasonably believes that a fire has broken out, do anything the employee reasonably believes to be necessary for the purpose of—

(i) extinguishing the fire; or

(ii) protecting life or property;

(b) if the employee reasonably believes that a road traffic accident has occurred, do anything the employee reasonably believes to be necessary for the purpose of—

(i) rescuing people; or

(ii) protecting them from serious harm;

(c) if the employee reasonably believes that an emergency other than a fire or road traffic accident has occurred, do anything the employee reasonably believes to be necessary for the purpose of carrying out any function conferred on the authority in relation to the emergency; and

(d) do anything the employee reasonably believes to be necessary for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in paragraph (a), (b) or (c).

(2) An authorised employee may in particular under subsection (1)—

(a) enter premises or a place (by force if necessary);

(b) move a vehicle without the consent of its owner;

(c) force open and enter a lockfast vehicle;

(d) close a road;

(e) stop and regulate traffic;

(f) restrict the access of persons to premises or a place.

26 Powers of constables in relation to fires S

(1) A constable may—

(a) if the constable reasonably believes that a fire has broken out, do anything the constable reasonably believes to be necessary for the purpose of—

(i) extinguishing the fire; or

(ii) protecting life or property; and

(b) do anything the constable reasonably believes to be necessary for the purpose of preventing or limiting damage to property resulting from anything done as mentioned in paragraph (a).

(2) A constable may in particular under subsection (1)—

(a) enter (by force if necessary) premises or a place;

(b) move a vehicle without the consent of its owner;

(c) force open and enter a lockfast vehicle;

(d) restrict the access of persons to premises or a place.

Obtaining information S

27 Powers of authorised employees in relation to obtaining information S

(1) Subject to subsection (2) an employee of a relevant authority who is authorised in writing by the authority for the purposes of this section (an “authorised employee”) may at any reasonable time enter premises for the purpose of obtaining information needed for the carrying out of the authority's functions under section 9, 10 or 11.

(2) An authorised employee may not under subsection (1)—

(a) enter premises by force; or

(b) demand admission to premises occupied as a private dwelling unless 24 hours' notice in writing has first been given to the occupier of the dwelling.

(3) If, on the application of an authorised employee, a sheriff or justice of the peace is satisfied—

(a) that—

(i) it is necessary for the employee to enter premises for the purposes of subsection (1); and

(ii) the employee is unable to do so, or is likely to be unable to do so, otherwise than by force,

the sheriff or justice may issue a warrant authorising the employee to enter the premises by force at any reasonable time; or

(b) that it is necessary for the employee to enter premises for the purposes of subsection (1) without giving notice as required by subsection (2)(b), the sheriff or justice may issue a warrant authorising the employee to enter the premises at any time (by force if necessary).

(4) If an authorised employee exercises a power of entry by virtue of this section, the employee may—

(a) take onto the premises—

(i) such other persons; and

(ii) such equipment,

as the employee considers necessary; and

(b) require any person present on the premises to provide the employee with any—

(i) facilities, information, documents or records; or

(ii) other assistance,

that the employee may reasonably request.

(5) An authorised employee exercising a power of entry by virtue of this section shall, if so required, produce the items mentioned in subsection (6)—

(a) before entering the premises; or

(b) at any time before leaving the premises.

(6) Those items are—

(a) evidence of the employee's authorisation for the purpose of this section; and

(b) any warrant under subsection (3)(a) or (b).

28 Giving of notices required by section 27 S

(1) The notice required by section 27(2)(b) may be given—

(a) by delivering it to the occupier of the dwelling;

(b) by leaving it for that person at the dwelling; or

(c) by sending it by post to that person at the dwelling.

(2) If the name or address of the person to whom notice under section 27(2)(b) is required to be given cannot be ascertained after reasonable inquiry, the notice may be given—

(a) by leaving it in the hands of a person who is, or appears to be, resident in the dwelling; or

(b) by leaving it fixed to a conspicuous part of the dwelling.

29 Powers of authorised employees in relation to investigating fires S

(1) An employee of a relevant authority who is authorised in writing by the authority for the purposes of this section (an “authorised employee”) may, at any reasonable time (by force if necessary), enter premises in which there has been a fire for the purpose of investigating—

(a) what caused the fire; or

(b) why it progressed as it did.

(2) If an authorised employee exercises the power mentioned in subsection (1) the employee may—

(a) take onto the premises—

(i) such other persons; and

(ii) such equipment,

as the employee considers necessary;

(b) inspect and copy any documents or records on the premises or remove them from the premises;

(c) carry out any inspections, measurements and tests in relation to—

(i) the premises; or

(ii) an article or substance found on the premises,

that the employee considers necessary;

(d) take samples of an article or substance found on the premises (but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation);

(e) dismantle an article found on the premises (but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation);

(f) take possession of an article or substance found on the premises and retain it for as long as is necessary for the purpose of—

(i) examining it and doing anything the employee has power to do under paragraph (c) or (e);

(ii) ensuring that it is not tampered with before the employee's examination of it is completed; or

(iii) ensuring that it is available for use as evidence in proceedings for an offence relevant to the investigation;

(g) require a person present on the premises to provide the employee with any—

(i) facilities, information, documents or records; or

(ii) other assistance,

that the employee may reasonably request.

(3) An authorised employee exercising the power mentioned in subsection (1) shall, if so required, produce evidence of the employee's authorisation for the purpose of this section—

(a) before entering the premises; or

(b) at any time before leaving the premises.

(4) If an authorised employee exercises the power in subsection (2)(d) the employee shall—

(a) leave a notice at the premises with a responsible person (or, if that is impracticable, fixed in a prominent position) giving particulars of the article or substance and stating that the employee has taken a sample of it; and

(b) if it is practicable to do so, give such a person at the premises a portion of the sample marked in a manner sufficient to identify it.

(5) If an authorised employee exercises the power in subsection (2)(f) the employee shall leave a notice at the premises (either with a responsible person or if that is impracticable fixed in a prominent position) giving particulars of the article or substance and stating that the employee has taken possession of it.

(6) This section shall apply in relation to vehicles as it applies in relation to premises; but subject to the following modifications—

(a) the power conferred by subsection (1) includes power to enter premises in which a vehicle in which there has been a fire is being kept;

(b) the power conferred by paragraph (a) of subsection (2) includes power to take persons and equipment to the place where a vehicle is; and

(c) references to premises in subsections (2)(g) and (3) to (5) include references to premises in which vehicles are kept.

(7) In this section “premises” includes land.

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

An employee of a relevant authority who, by virtue of section 27 or 29, enters premises—

(a) which are unoccupied; or

(b) from which the occupier is temporarily absent,

and who is authorised to do so by virtue of those sections shall on departure leave the premises as effectively secured against unauthorised entry as the employee found them.

31 Sections 27 and 29: offences S

(1) If, without reasonable excuse, a person fails to comply with any requirement under section 27(4)(b) or 29(2)(g), the person shall be guilty of an offence.

(2) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Use of information S

32 Use of commercially sensitive information S

(1) If, without reasonable excuse, a person—

(a) makes use of; or

(b) discloses,

any commercially sensitive information obtained by the person while on premises entered in exercise of a power conferred by virtue of section 25, 26, 27 or 29, the person shall be guilty of an offence.

(2) In subsection (1) “commercially sensitive information” means information with regard to any—

(a) manufacturing process; or

(b) trade secret.

(3) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 3 months.

Chapter 6 S Mutual assistance etc.

Assistance in discharge of functions S

33 Reinforcement schemes S

(1) Each relevant authority shall, so far as practicable, enter into a reinforcement scheme with other relevant authorities.

(2) A reinforcement scheme is a scheme for securing mutual assistance as between the relevant authorities participating in it for the purpose of carrying out the functions conferred by virtue of sections 9 to 11 on any of them.

(3) A reinforcement scheme may make provision for apportioning between the participating authorities any expenses incurred in taking measures to secure the efficient operation of the scheme.

(4) The participating authorities shall notify the Scottish Ministers of—

(a) the making of the scheme;

(b) any variation of the scheme; and

(c) the revocation of the scheme.

(5) The participating authorities shall give effect to the scheme.

34 Directions about reinforcement schemes S

(1) Where subsection (2) applies, the Scottish Ministers may direct two or more relevant authorities to make a reinforcement scheme in the terms specified in the direction.

(2) This subsection applies where—

(a) one of the authorities has asked the other (or others) to agree to the making of the scheme;

(b) the authorities are unable to agree as to—

(i) that matter; or

(ii) the terms proposed for the scheme; and

(c) one of them asks the Scottish Ministers to make such a direction.

(3) Where subsection (4) applies, the Scottish Ministers may direct the relevant authorities participating in a reinforcement scheme to vary the scheme in the terms specified in the direction.

(4) This subsection applies where—

(a) one of the authorities has asked the other (or others) to agree to the variation of the scheme;

(b) the authorities are unable to agree as to that matter; and

(c) one of them asks the Scottish Ministers to make such a direction.

(5) Where subsection (6) applies, the Scottish Ministers may direct the relevant authorities participating in a reinforcement scheme to revoke the scheme.

(6) This subsection applies where—

(a) one of the authorities has asked the other (or others) to agree to the revocation of the scheme;

(b) the authorities are unable to agree as to that matter; and

(c) one of them asks the Scottish Ministers to make such a direction.

(7) Before giving a direction under this section, the Scottish Ministers—

(a) shall give the authorities concerned an opportunity to make representations; and

(b) may cause an inquiry to be held.

(8) A direction given under this section may be varied or revoked by a further such direction.

(9) In this section “reinforcement scheme” has the meaning given by section 33(2).

35 Assistance other than from relevant authorities S

(1) A relevant authority may enter into arrangements with a relevant person for securing the provision by that person of assistance for the purpose of the carrying out by the authority of a function conferred on it by virtue of any of sections 8 to 11, 13 and 61.

(2) In subsection (1) “relevant person” means a person who—

(a) is not a relevant authority; and

(b) in the case of arrangements for the securing of assistance for the purpose of extinguishing fires––

(i) employs fire-fighters; or

(ii) is approved for that purpose by the Chief Officer of a relevant authority.

(3) Arrangements under this section may include provision as to the terms (including terms as to payment) on which assistance is to be provided.

Performance of functions by others S

36 Arrangements for carrying out of functions by others S

(1) A relevant authority may enter into arrangements with a relevant person for the carrying out by that person of a function conferred on the authority by virtue of any of sections 8 to 11, 13 and 61.

(2) In subsection (1) “relevant person” means—

(a) in the case of arrangements in relation to the authority's function of extinguishing fires—

(i) another relevant authority; or

(ii) any other person who employs fire-fighters;

(b) in any other case—

(i) another relevant authority; or

(ii) any other person.

(3) Arrangements under this section may include provision as to the terms (including terms as to payment) on which any function is to be carried out.

37 Section 36: directions S

(1) The Scottish Ministers may—

(a) direct two relevant authorities to enter into arrangements under section 36; or

(b) direct two relevant authorities who have entered into such arrangements—

(i) to vary the arrangements in the terms specified in the direction; or

(ii) to terminate the arrangements.

(2) Before giving a direction under this section, the Scottish Ministers—

(a) shall give the authorities concerned an opportunity to make representations; and

(b) may cause an inquiry to be held.

(3) The Scottish Ministers may give a direction under this section only where, after considering—

(a) any representations made under subsection (2)(a); and

(b) the report of any person by whom any inquiry under subsection (2)(b) is held,

they consider it expedient to do so with a view to securing greater economy, efficiency and effectiveness.

(4) A direction given under this section may be varied or revoked by a further such direction.

Chapter 7 S Assaulting or impeding employees and others

38 Amendment of Emergency Workers (Scotland) Act 2005 S

(1) The Emergency Workers (Scotland) Act 2005 (asp 2) shall be amended as follows.

(2) For paragraph (b) of section 1(3) substitute—

“(zb) that of a person employed by a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) while discharging any of the authority's functions under any of sections 9 to 13 (fire-fighting, road traffic accidents, other emergencies, emergency directions and other eventualities), 25, 27 and 29 (powers of authorised employees in relation to emergencies, obtaining information and investigating fires) of that Act;

(b) that of a person providing assistance under arrangements made by virtue of section 35 (assistance other than from relevant authorities) or 36 (arrangements for carrying out of functions by others) of the Fire (Scotland) Act 2005 other than assistance given to a relevant authority (as defined in section 6 of that Act) for the purpose of carrying out any of the authority's functions conferred on the authority by section 8 or 61 of that Act;”.

39 Assaulting or impeding employees discharging certain functions S

(1) A person who assaults, obstructs or hinders another person who is—

(a) an employee of a relevant authority; and

(b) discharging any of the functions conferred on the authority under section 8, 17 or 61,

commits an offence.

(2) A person who assaults, obstructs or hinders another person who is providing assistance to a relevant authority under arrangements made by virtue of section 35 for the purpose of the carrying out by that authority of any of the functions conferred on it by virtue of section 8 or 61 commits an offence.

(3) A person who assaults, obstructs or hinders another person who is by virtue of section 36 carrying out a function conferred on a relevant authority by virtue of section 8 or 61 commits an offence.

(4) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a period not exceeding [F4 12]F4 months or to a fine not exceeding level 4 on the standard scale [F5 or to both]F5 .

Textual Amendments

F4 Word in s. 39(4) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(5)(a), 84 (with s. 44(6)); S.S.I. 2007/479, art. 3, Sch.

F5 Words in s. 39(4) added (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(5)(b), 84 (with s. 44(6)); S.S.I. 2007/479, art. 3, Sch.

Chapter 8 S Central supervision and support

[F6 Best value S

Textual Amendments

F6 Ss. 39A-39C and cross-heading inserted (8.8.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 113, 129(1)(b)

39A Best value S

(1) It is the duty of SFRS to make arrangements which secure best value.

(2) Best value is continuous improvement in the carrying out of SFRS's functions.

(3) In securing best value, SFRS must maintain an appropriate balance among—

(a) the quality of its carrying out of its functions,

(b) the cost to SFRS of that carrying out of its functions,

(c) the cost to persons of any service provided by SFRS for them on a wholly or partly rechargeable basis.

(4) In maintaining that balance, SFRS must have regard to—

(a) efficiency,

(b) effectiveness,

(c) economy, and

(d) the need to meet the equal opportunity requirements.

(5) SFRS must carry out its duties under this section in a way which contributes to the achievement of sustainable development.

(6) In measuring the improvement of the carrying out of SFRS's functions for the purposes of this section, regard is to be had to the extent to which the outcomes of the carrying out of the functions have improved.

(7) In this section, “equal opportunity requirements” has the same meaning as in Section L2 of Part 2 of Schedule 5 to the Scotland Act 1998 (c.46).

39B Best value: further provision S

(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.

39C Examinations of SFRS by Auditor General S

The reference in section 23 of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) to examinations into the economy, efficiency and effectiveness with which resources have been used is, in relation to SFRS, to include a reference to examinations into the arrangements made by SFRS under section 39A.]

Fire and Rescue Framework for Scotland S

40 Framework document S

(1) The Scottish Ministers shall prepare a document—

(a) setting out priorities and objectives for [F7 SFRS] in connection with the carrying out of [F8 its functions under this Act or any other enactment,]; and

(b) containing—

(i) such guidance in connection with the carrying out of any of those functions; and

(ii) such other matters relating to [F9 SFRS] or those functions,

as the Scottish Ministers consider appropriate.

(2) The Scottish Ministers—

(a) shall keep the document prepared under subsection (1) under review; and

(b) may from time to time revise it.

(3) The Scottish Ministers shall carry out the functions conferred on them by subsection (1) and (2) in the manner and to the extent that appears to them to be best calculated to promote—

(a) public safety;

(b) the efficiency and effectiveness of [F10 SFRS]; and

(c) efficiency and effectiveness in connection with the matters in relation to which [F11 SFRS has] functions.

(4) The document prepared under subsection (1), and any revision of it which appears to the Scottish Ministers to be significant, shall have effect only when brought into effect by the Scottish Ministers by order.

(5) In preparing—

(a) the document mentioned in subsection (1); and

(b) any revision of it which appears to them to be significant,

the Scottish Ministers shall consult the persons mentioned in subsection (6).

[F12 (6) Those persons are—

(a) SFRS,

(b) such persons as the Scottish Ministers consider represent employees of SFRS,

(c) such persons as the Scottish Ministers consider represent local authorities, and

(d) such other persons as the Scottish Ministers consider appropriate.]

Textual Amendments

F7 Word in s. 40(1)(a) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(15)(a)(i); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

F8 Words in s. 40(1)(a) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(15)(a)(ii); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

F9 Word in s. 40(1)(b)(ii) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(15)(a)(iii); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

F10 Word in s. 40(3)(b) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(15)(b)(i); S.S.I. 2012/253, art. 2, Sch. (with arts. 7, 8(1)(3))

F11 Words in s. 40(3)(c) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(15)(b)(ii); S.S.I. 2012/253, art. 2, Sch. (with arts. 7, 8(1)(3))

F12 S. 40(6) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(15)(c); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

Commencement Information

I3 S. 40 wholly in force at 2.8.2005; s. 40 not in force at Royal Assent see s. 90; s. 40 in force for certain purposes at 6.4.2005 by S.S.I. 2005/207, art. 3; s. 40 in force at 2.8.2005 in so far as not already in force by S.S.I. 2005/392, art. 2(f)

41 Adherence S

[F13 (1) In carrying out its functions, SFRS must have regard to the framework document.]

(2) Subsections (3) and (4) apply where the Scottish Ministers consider that [F14 SFRS] is failing, or is likely to fail, to act in accordance with the [F15 framework document].

(3) The Scottish Ministers may cause an inquiry to be held into the matter.

(4) Subject to subsection (5), the Scottish Ministers may, for the purpose of securing that [F16 SFRS] acts in accordance with the document, by order require [F16 SFRS]—

(a) to take; or

(b) to refrain from taking,

such action as is specified in the order.

(5) The Scottish Ministers may make an order under subsection (4) only where they consider that it would promote—

(a) public safety;

(b) the efficiency and effectiveness of [F17 SFRS]; or

(c) efficiency and effectiveness in connection with the matters in relation to which [F18 SFRS has] functions.

(6) Before making an order under subsection (4), the Scottish Ministers shall consult [F19 SFRS].

(7) Where the document prepared under subsection (1) of section 40 has been revised under subsection (2)(b) of that section, the references in this section and section 42 to that document shall be taken to refer to that document as revised.

Textual Amendments

F13 S. 41(1) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(a); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

F14 Word in s. 41(2) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(b)(i); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

F15 Words in s. 41(2) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(b)(ii); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

F16 Words in s. 41(4) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(c); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

F17 Word in s. 41(5)(b) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(d)(i); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

F18 Words in s. 41(5)(c) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(d)(ii); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

F19 Word in s. 41(6) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(e); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

[F20 CHAPTER 8A S Planning, reports and information

Textual Amendments

F20 Pt. 2 Ch. 8A heading and ss. 41A-41C inserted (1.10.2012 for the purpose of inserting s. 41A, 1.4.2013 so far as not already in force) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 114, 129(2); S.S.I. 2012/253, art. 2, Sch. (with art. 8(1)(2)); S.I. 2013/51, art. 2

Strategic plan S

41A SFRS's first strategic plan S

(1) SFRS must prepare a strategic plan.

(2) A strategic plan is a plan—

(a) setting out how SFRS proposes to carry out its functions during the period of 3 years beginning with the day appointed by order under subsection (7),

(b) setting out outcomes by reference to which the carrying out of its functions may be measured, and

(c) including such other material relating to its functions or to a period other than the period mentioned in paragraph (a) as SFRS thinks fit.

(3) Before preparing the strategic plan, SFRS must make arrangements for obtaining views on what the plan should contain from persons whom it considers likely to have an interest in how SFRS carries out its functions.

(4) When preparing the strategic plan, SFRS must—

(a) have regard to the framework document,

(b) send a copy of a draft plan to the persons mentioned in subsection (5),

(c) invite the recipients to comment on the draft plan within such reasonable period as SFRS may specify, and

(d) have regard to any comments received within that period.

(5) Those persons are—

(a) each local authority,

(b) such persons as SFRS considers represent local authorities,

(c) such persons as SFRS considers represent employees of SFRS,

(d) such other persons as SFRS considers appropriate.

(6) SFRS must submit the strategic plan prepared under subsection (1) to the Scottish Ministers for approval.

(7) SFRS must use its best endeavours to secure the approval of the Scottish Ministers to the strategic plan (with or without modifications) before such day as the Scottish Ministers may by order appoint.

(8) If the Scottish Ministers approve the strategic plan, SFRS must—

(a) publish the plan, and

(b) lay before the Scottish Parliament a copy of the plan.

41B Review of plan S

(1) This section applies where—

(a) a strategic plan is approved under section 41A, or

(b) a new strategic plan is approved under subsection (4) or (6).

(2) SFRS may at any time review the plan.

(3) SFRS must review the plan—

(a) if the Scottish Ministers make an order under section 40(4), and

(b) before the end of the period of 3 years to which the plan relates.

(4) Following a review under subsection (2) or (3)(a), SFRS may prepare and submit to the Scottish Ministers for approval a new strategic plan.

(5) If, following a review under subsection (3)(a), SFRS decides not to prepare a new strategic plan, it must notify the Scottish Ministers of that fact.

(6) Following a review under subsection (3)(b), SFRS must, before the end of the period of 3 years mentioned in that subsection, prepare and submit to the Scottish Ministers for approval a new strategic plan.

(7) A new strategic plan is a plan—

(a) setting out how SFRS proposes to carry out its functions during the period of 3 years beginning with the plan commencement day,

(b) setting out outcomes by reference to which the carrying out of its functions may be measured, and

(c) including such other material relating to its functions or to a period other than the period mentioned in paragraph (a) as SFRS thinks fit.

(8) Before preparing a new strategic plan, SFRS must make arrangements for obtaining views on what the plan should contain from persons whom it considers likely to have an interest in how SFRS carries out its functions.

(9) When preparing a new strategic plan, SFRS must—

(a) have regard to the framework document,

(b) send a copy of a draft plan to the persons mentioned in section 41A(5),

(c) invite the recipients to comment on the draft plan within such reasonable period as SFRS may specify, and

(d) have regard to any comments received within that period.

(10) SFRS must use its best endeavours to secure the approval of the Scottish Ministers to a new strategic plan (with or without modifications) before the plan commencement day for that plan.

(11) If the Scottish Ministers approve a new strategic plan, SFRS must—

(a) publish the plan, and

(b) lay before the Scottish Parliament a copy of the plan.

(12) In this section, “plan commencement day” means—

(a) in the case of a strategic plan prepared under subsection (4), the day 8 weeks after the day on which SFRS submits a new strategic plan to the Scottish Ministers (or such earlier day as SFRS and the Scottish Ministers may agree),

(b) in the case of a strategic plan prepared under subsection (6), the day after the end of the period of 3 years to which the previous strategic plan relates.

41C SFRS's duty to have regard to approved plan S

(1) This section applies where a strategic plan or a new strategic plan has been approved by the Scottish Ministers under section 41A or, as the case may be, section 41B.

(2) In carrying out its functions, SFRS must have regard to the strategic plan in so far as that plan is not inconsistent with the framework document.]

[F21 41M Provision of information S

(1) SFRS must provide the Scottish Ministers with such reports, statistics and other information relating to SFRS or its functions as the Scottish Ministers may require.

(2) Information provided under this section may in particular relate to the outcomes of fires, events and other situations in relation to which SFRS makes provision or takes action.

(3) Information to be provided under this section must be provided at the times, and in the form, specified by the Scottish Ministers.]

Textual Amendments

F21 S. 41M inserted (8.8.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 117, 129(1)(b)

42 Reporting S

(1) The Scottish Ministers shall report to the Scottish Parliament on—

(a) the extent to which relevant authorities are acting in accordance with the document prepared under section 40(1); and

(b) any steps taken by them for the purpose of securing that relevant authorities so act.

(2) The first report under subsection (1) shall be made before the expiry of the period of two years starting on the date when the document prepared under section 40(1) is brought into effect.

(3) Every subsequent such report shall be made before the expiry of the period of two years starting on the date on which the last such report was made.

[F22 Directions S

Textual Amendments

F22 S. 42A and cross-heading inserted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 118, 129(2); S.S.I. 2012/253, art. 2, Sch.

42A Directions S

(1) The Scottish Ministers may give SFRS general or specific directions.

(2) SFRS must comply with a direction under this section.

(3) Directions under this section may vary or revoke earlier directions under this section.

(4) Directions under this section must be in writing.

(5) The Scottish Ministers must—

(a) publish a direction given under this section, and

(b) lay a copy of it before the Scottish Parliament.

(6) Nothing in this section enables the Scottish Ministers to give a direction in circumstances to which subsection (3) or (4) of section 41 applies.]

Inspection S

43 Inspectors of Fire and Rescue Authorities S

(1) Her Majesty may by Order in Council appoint—

(a) a Chief Inspector of Fire and Rescue Authorities; and

(b) such number of Inspectors of Fire and Rescue Authorities as the Scottish Ministers may determine.

(2) The Scottish Ministers may appoint Assistant Inspectors of Fire and Rescue Authorities.

(3) The Scottish Ministers shall pay to the persons appointed under this section such remuneration as the Scottish Ministers may determine.

(4) A person who, immediately before the coming into force of this section, is by virtue of appointment under section 24 of the Fire Services Act 1947 (c. 41)—

(a) the Chief Inspector of Fire Services for Scotland, shall be taken to have been appointed under subsection (1)(a);

(b) an Inspector of Fire Services for Scotland, shall be taken to have been appointed under subsection (1)(b);

(c) an Assistant Inspector of Fire Services for Scotland, shall be taken to have been appointed under subsection (2).

[F23 CHAPTER 8B S Inspection

Textual Amendments

F23 Pt. 2 Ch. 8B inserted (1.1.2013 for specified purposes, 1.4.2013 so far as not already in force) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 119, 129(2); S.S.I. 2012/333, art. 2, Sch. (with Sch. 2 paras. 2(11) 3); S.I. 2013/51, art. 2

Inspectors of SFRS S

43A Inspectors of SFRS S

(1) Her Majesty may by Order in Council appoint—

(a) a Chief Inspector of the Scottish Fire and Rescue Service, and

(b) such number of Inspectors of the Scottish Fire and Rescue Service as the Scottish Ministers may determine.

(2) The Scottish Ministers may appoint Assistant Inspectors of the Scottish Fire and Rescue Service.

(3) The Scottish Ministers must pay to persons appointed under this section such remuneration as the Scottish Ministers may determine.

(4) The Scottish Ministers may authorise an Inspector to carry out any of the functions conferred on the Chief Inspector by or under this Act or any other enactment if—

(a) there is a temporary vacancy in the office of Chief Inspector, or

(b) the Scottish Ministers consider that the Chief Inspector is temporarily unable to carry out the Chief Inspector's functions.

(5) A person who, immediately before the coming into force of section 119 of the Police and Fire Reform (Scotland) Act 2012 (asp 8), is by virtue of section 43—

(a) the Chief Inspector of Fire and Rescue Authorities is taken to have been appointed under subsection (1)(a),

(b) an Inspector of Fire and Rescue Authorities is taken to have been appointed under subsection (1)(b), and

(c) an Assistant Inspector of Fire and Rescue Authorities is taken to have been appointed under subsection (2).

(6) In this Act—

• “Chief Inspector” means a person appointed under subsection (1)(a), and

• “Inspector” means a person appointed under subsection (1) or (2).

43B Inquiries by Inspectors S

(1) An Inspector may inquire into a matter mentioned in subsection (3).

(2) If directed to do so by the Scottish Ministers, an Inspector must inquire into a matter mentioned in subsection (3).

(3) The matters are—

(a) the state and efficiency of SFRS,

(b) whether in carrying out its functions SFRS is complying with its duty under section 39A to make arrangements which secure best value,

(c) the manner in which SFRS is carrying out any of its functions.

(4) In carrying out an inquiry under this section an Inspector may—

(a) require SFRS to provide any information or documents relating to the functions of SFRS that the Inspector may require,

(b) enter and inspect any premises which are used by SFRS,

(c) inspect any equipment which is used by SFRS.

(5) If an Inspector exercises a power of entry by virtue of subsection (4)(b), the Inspector may—

(a) take onto the premises

(i) such other persons, and

(ii) such equipment,

as the Inspector considers necessary,

(b) require any person present on the premises to provide the Inspector with any information or documents that the Inspector may reasonably request.

(6) An Inspector may not under subsection (4)(b)—

(a) enter or inspect premises occupied as a private dwelling,

(b) enter premises by force.

(7) SFRS must provide such facilities, assistance and co-operation as an Inspector may reasonably request for the purposes of, or in connection with, an inquiry under this section.

43C Inquiries under section 43B(1): reports S

(1) This section applies where an inquiry under section 43B(1) has been completed.

(2) The Chief Inspector must give SFRS a report of the inquiry.

(3) If a report given to SFRS under subsection (2) relates to a matter mentioned in section 43B(3)(a) or (b), the Chief Inspector must—

(a) as soon as is reasonably practicable after giving the report to SFRS, give the Scottish Ministers a copy of the report, and

(b) give the Scottish Ministers any other information relating to the inquiry that they may request.

(4) If a report given to SFRS under subsection (2) does not relate to a matter mentioned in section 43B(3)(a) or (b), the Chief Inspector—

(a) may give the Scottish Ministers a copy of the report if the Chief Inspector thinks fit,

(b) may give the Scottish Ministers any other information in relation to the report that the Chief Inspector thinks fit,

(c) must give the Scottish Ministers any information relating to the inquiry that the Scottish Ministers may request.

(5) The Chief Inspector must lay before the Scottish Parliament a copy of a report given to the Scottish Ministers under subsection (3)(a).

43D Inquiries under section 43B(2): reports S

(1) This section applies where an inquiry under section 43B(2) has been completed.

(2) The Chief Inspector must give the Scottish Ministers—

(a) a report of the inquiry, and

(b) any other information relating to the inquiry that the Scottish Ministers may request.

(3) As soon as is reasonably practicable after giving the report to the Scottish Ministers under subsection (2)(a), the Chief Inspector must give a copy of the report to SFRS.

(4) The Scottish Ministers must lay before the Scottish Parliament a copy of the report given to them under subsection (2)(a).

43E Inquiry reports: duties of SFRS S

In carrying out its functions, SFRS must have regard to a report given to it under section 43C(2) or 43D(3) and, having done so, must take such measures (if any) as it thinks fit in relation to the report.

43F Chief Inspector's plan S

(1) The Chief Inspector must prepare a plan setting out—

(a) priorities for inquiries to be carried out by Inspectors, and

(b) information on how inquiries will be carried out in a way which is proportionate, accountable and transparent.

(2) The Chief Inspector—

(a) must keep the plan under review, and

(b) may from time to time revise the plan.

(3) The Chief Inspector must, in preparing a plan (and any revised plan), consult such persons as the Chief Inspector considers appropriate.

(4) The Chief Inspector must publish the plan (and any revised plan) in such manner as the Chief Inspector thinks fit.

Co-operation and information-sharing S

43G Co-operation and information-sharing: Auditor General S

(1) The Inspectors and the Auditor General must co-operate and co-ordinate activity with each other with a view to improving the carrying out of their respective functions in relation to SFRS.

(2) In particular, the Inspectors and the Auditor General must together make arrangements with a view to—

(a) securing the exchange of information between them about SFRS,

(b) preventing any unnecessary duplication in relation to any inspections, investigations, inquiries or examinations carried out, or to be carried out, by them in relation to SFRS.

(3) The duties imposed by subsections (1) and (2) do not apply in so far as compliance with them would prevent or delay any of the persons on whom they are imposed in taking any action which the person considers to be necessary as a matter of urgency.]

44 Functions of Inspectors of Fire and Rescue Authorities S

(1) The Scottish Ministers may direct a person appointed under section 43 to—

(a) inquire into a matter mentioned in subsection (2); and

(b) to submit to them a written report on that matter by a date specified by them.

(2) Those matters are—

(a) the state and efficiency of relevant authorities generally;

(b) the manner in which—

(i) a relevant authority is carrying out any of its functions under this Act; or

(ii) relevant authorities are carrying out such functions generally;

(c) technical matters relating to a function of a relevant authority under this Act.

(3) The Scottish Ministers shall lay a copy of each report submitted to them under subsection (1)(b) on the matter mentioned in subsection (2)(a) before the Scottish Parliament.

Equipment, facilities and services S

45 Directions for public safety purposes S

(1) Where the Scottish Ministers consider it necessary to do so for public safety purposes, they may make an order (a “property and facilities order”) giving general or specific directions to a relevant authority (or two or more such authorities) about the use or disposal of property or facilities.

(2) A direction under subsection (1) given to an authority may in particular include provision—

(a) about the use or disposal by the authority of property or facilities belonging to it or under its control;

(b) about the use by the authority of property or facilities belonging to or under the control of—

(i) another relevant authority; or

(ii) a person who has made, or is willing to make, the property or facilities available;

(c) requiring payments to be made by the authority to—

(i) another relevant authority; or

(ii) any other person,

in respect of the use of property or facilities.

(3) In subsection (2)(b) a reference to property or facilities belonging to a person includes a reference to land occupied by the person.

46 Requirements concerning equipment and services S

The Scottish Ministers may make an order requiring a relevant authority (or two or more such authorities)—

(a) to use and maintain equipment—

(i) specified in the order; or

(ii) of a description so specified; or

(b) to use services—

(i) so specified; or

(ii) of a description so specified.

47 Provision of equipment etc. S

(1) The Scottish Ministers may—

(a) provide and maintain any equipment, facilities and services;

(b) contribute to the provision and maintenance of any equipment, facilities and services;

(c) establish and maintain any organisations; or

(d) contribute to the establishment and maintenance of any organisations,

they consider appropriate for promoting the economy, efficiency and effectiveness of relevant authorities.

(2) Subject to subsection (3), charges may be imposed for the use of equipment, facilities and services—

(a) provided by the Scottish Ministers under subsection (1)(a); or

(b) provided by an organisation established or maintained by the Scottish Ministers under subsection (1)(c).

(3) Any such charge shall not exceed the costs reasonably incurred in providing the equipment, facility or service to which it relates.

Training S

48 Central institution and other centres for education and training S

(1) The Scottish Ministers may establish and maintain a central training institution for one or more of the purposes mentioned in subsection (2).

(2) Those purposes are—

(a) the provision of education and training to employees of relevant authorities;

(b) the provision of advice and assistance to relevant authorities in connection with the provision of such education and training;

(c) the supervision and regulation of the provision of such education and training;

(d) the provision of education and training to persons who provide (or are to provide) such education and training;

(e) the provision of education or training to persons who are not employees of relevant authorities in matters in relation to which relevant authorities have functions;

(f) the provision of advice and assistance in connection with the provision of such education and training.

(3) The Scottish Ministers may make arrangements with a relevant authority for a centre established under section 15 to be used for one or more of the purposes mentioned in subsection (2).

Chapter 9 S Employment

Negotiation of conditions of service S

49 Statutory negotiation arrangements S

(1) The Scottish Ministers may by order make provision for the establishment of a body of persons (a “statutory negotiation body”), or two or more such bodies, for the purpose of negotiating the conditions of service of employees of relevant authorities.

(2) An order under subsection (1) shall provide for the statutory negotiation body established by it to be composed of—

(a) persons representing the interests of some or all relevant authorities;

(b) persons representing the interests of some or all employees of relevant authorities; and

(c) a person who does not fall within subsection (3), who shall chair the body.

(3) A person falls within this subsection if the person is—

(a) a member or employee of a relevant authority;

(b) a member or employee of a body representing the interests of some or all employees of relevant authorities; or

(c) an office-holder in, or a member of the staff of, the Scottish Administration.

(4) The reference in subsection (2)(b) to persons representing the interests of some or all employees of relevant authorities includes trade unions (as defined in section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) whose membership consists of or includes employees of relevant authorities.

(5) A statutory negotiation body may make arrangements for the purpose of enabling conditions of service of employees of relevant authorities to be negotiated at local level (“local negotiation arrangements”).

(6) Local negotiation arrangements may in particular include provision as to—

(a) the—

(i) persons; or

(ii) descriptions of person,

by whom, or by means of whom, negotiations are authorised to be carried out at local level;

(b) the conditions of service and descriptions of conditions of service authorised to be negotiated at local level.

(7) Local negotiation arrangements may be made by a statutory negotiation body in respect of employees of a particular description only if the statutory negotiation body includes persons representing the interests of employees of that description.

(8) Where there is a statutory negotiation body which includes persons representing the interests of employees of a particular description, an agreement as to the conditions of service of employees of that description which is made by or on behalf of a relevant authority and by or on behalf of employees of the description concerned is a legally enforceable contract only where the terms of the agreement were negotiated—

(a) by means of the statutory negotiation body; or

(b) in accordance with local negotiation arrangements made by the statutory negotiation body in respect of employees of that description.

50 Guidance S

(1) A relevant negotiation body shall, in negotiating the conditions of service of employees of relevant authorities, have regard to any guidance given by the Scottish Ministers in connection with that matter.

(2) In subsection (1) “relevant negotiation body” means—

(a) a body established by virtue of section 49(1); or

(b) any other body of persons which—

(i) includes both persons representing the interests of some or all relevant authorities and persons representing the interests of some or all employees of relevant authorities; and

(ii) is constituted in accordance with what appear to the Scottish Ministers to be appropriate arrangements for the negotiation of the conditions of service of employees of relevant authorities.

(3) The reference in subsection (2)(b)(i) to persons representing the interests of some or all employees of relevant authorities includes trade unions (as defined in section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) whose membership consists of or includes employees of relevant authorities.

Supplementary S

51 Prohibition on employment of police S

A relevant authority may not employ a constable for the purpose of carrying out any of the functions conferred on the authority by virtue of this Act.

Chapter 10 S Interpretation

52 Interpretation of Part 2 S

In this Part, unless the context otherwise requires—

• “emergency” means an event or situation that causes or is likely to cause—

  (a)

  a person to die;

  (b)

  a person to suffer serious—

  (i)

  injury; or

  (ii)

  illness; or

  (c)

  serious harm to the environment (including the life and health of plants and animals and the fabric of buildings);

• “extinguishing”, in relation to a fire, includes containing and controlling;

• “road” has the same meaning as in Part 4 of the New Roads and Street Works Act 1991 (c. 22).