Part 2

Fire and rescue services
Chapter 3

Ancillary functions

Emergency directions
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to respond to other eventualities
13
1
SFRS 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 SFRS within or outwith its area.

Provision of other services
14
1
SFRS 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 SFRS to be appropriate.
2
SFRS may provide services or equipment under this section within or outwith its area.

Provision of centres for education and training
15
SFRS may establish and maintain one or more centres for providing education and training in matters in relation to which it has functions.

Charging
16
1
The Scottish Ministers may by order (a “charging order”) authorise SFRS to charge a person of a description specified in the order for any action so specified taken by SFRS.
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 SFRS.
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 SFRS at sea beyond the low water mark.
4
Where SFRS is authorised by a charging order to charge for taking action of a particular description and it decides to do so—
a
the amount of the charge shall be set by SFRS;
b
different amounts may be charged in different circumstances (and SFRS may charge nothing).
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.

Exercise of powers at sea: further provision
16A
1
Subsection (2) applies where
SFRS
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.
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)
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)
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)
S. 12 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 2; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Word in s. 13(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 107(a), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Word in s. 13(2)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 107(b), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Word in s. 14(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 108(a)(i), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Word in s. 14(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 108(a)(ii), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Word in s. 14(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 108(b), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Word in s. 15 substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 109(a), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Words in s. 15 substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 109(b), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Word in s. 16(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(a)(i), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Word in s. 16(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(a)(ii), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Word in s. 16(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(b), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Words in s. 16(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(c), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Words in s. 16(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(d)(i), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Words in s. 16(4) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(d)(ii), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Word in s. 16(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(d)(iii), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
S. 16(5)(6) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 2; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Word in s. 16A(1) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 47