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Fire (Scotland) Act 2005

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Changes over time for: Cross Heading: Performance of functions by others

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No versions valid at: 06/04/2005

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Point in time view as at 06/04/2005. This version of this cross heading contains provisions that are not valid for this point in time. Help about Status

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There are currently no known outstanding effects for the Fire (Scotland) Act 2005, Cross Heading: Performance of functions by others. Help about Changes to Legislation

Valid from 02/08/2005

Performance of functions by othersS

36Arrangements for carrying out of functions by othersS

(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.

37Section 36: directionsS

(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.

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