Search Legislation

Fire (Scotland) Act 2005

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 3

 Help about opening options

Changes to legislation:

Fire (Scotland) Act 2005, SCHEDULE 3 is up to date with all changes known to be in force on or before 26 July 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 3:

SCHEDULE 3SMinor and consequential amendments

(introduced by section 89(1))

This schedule has no associated Explanatory Notes

The Civil Defence Act 1948 (c. 5)S

1(1)The Civil Defence Act 1948 shall be amended as follows.S

(2)In subsection (1)(b) of section 1 (civil defence functions of Ministers), for “fire brigades” substitute “ employees of relevant authorities (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) ”.

(3)In section 5(civil defence obligations)—

(a)for “and fire brigades” substitute “ , employees of relevant authorities (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”;

(b)the words “and brigades” are repealed; and

(c)for “respectively” substitute “ and by employees of relevant authorities (as so defined) ”.

(4)In section 9(1)(interpretation) the definition of “fire brigade” is repealed.

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

2SIn section 37 of the Pipe-lines Act 1962 (persons to be notified of certain pipe-line accidents)—

(a)in each of subsections (1)(a) and (2)(a), after “fire” insert “ and rescue authority ”; and

(b)in subsection (4), for paragraph (a) substitute—

(a)fire and rescue authority”, in relation to any area, means a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the area;.

The Gas Act 1965 (c. 36)S

3(1)The Gas Act 1965 shall be amended as follows.S

(2)In section 17 (provisions in relation to gas-related accidents), in subsection (5)(a) for “fire authority” substitute “ fire and rescue authority ”.

(3)In section 28(1) (interpretation), for the definition of “fire authority” substitute—

fire and rescue authority” means a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);.

The Transport Act 1968 (c. 73)S

4SIn section 102(4) of the Transport Act 1968 (application to the Crown and exemptions)—

(a)the words “or fire brigade” are repealed; and

(b)after “purposes” insert “ or for or in connection with the exercise of any function of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”.

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

5SIn section 63A of the Local Government (Scotland) Act 1973 (disapplication of sections 62A to 62C in relation to fire authorities), after “fire” insert “ and rescue ”.

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

6SIn subsection (2)(a) of section 62 of the Control of Pollution Act 1974 (restrictions on use of loudspeakers in streets)—

(a)the words “, fire brigade” are repealed; and

(b)after “purposes,” insert “ for or in connection with the exercise of any function of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)), ”.

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

7(1)The Local Government (Scotland) Act 1975 shall be amended as follows.S

(2)For paragraph (a) of section 23(2) (authorities subject to investigation) substitute—

(a)any joint fire and rescue board constituted by an amalgamation scheme under section 2 of the Fire (Scotland) Act 2005 (asp 5);.

(3)In subsection (3)(b) of section 29A (consideration of adverse reports), for “fire” substitute “ joint fire and rescue boards ”.

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

8(1)The Licensing (Scotland) Act 1976 shall be amended as follows.S

(2)In each of—

(a)subsection (1)(e) of section 16 (objections in relation to licence applications);

(b)subsections (5) and (6) of section 23 (special provisions relating to applications for a new licence);

(c)subsection (1) of section 24 (special provisions relating to applications for renewal of a licence);

(d)subsection (3) of section 35 (consent of licensing board required for works to certain licensed premises); and

(e)subsection (2)(c) of section 105 (procedure on application for grant or renewal of registration),

after “fire” insert “ and rescue ”.

(3)In subsection (1) of section 139 (interpretation), for the definition of “fire authority” substitute—

fire and rescue authority” means a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5));.

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

9(1)The Water (Scotland) Act 1980 shall be amended as follows.S

(2)In section 109(1) (interpretation), in the definition of “fire authority” for the words from “has” to the end substitute “ means a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) ”.

(3)In section 1(1) of Schedule 4 (provisions incorporated in orders relating to water undertakings), in the definition of “fire authority” for the words from “has” to the end substitute “ means a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) ”.

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

10SIn subsection (1) of section 2 of the Local Government, Planning and Land Act 1980 (local authorities to whom a duty to publish information applies), for paragraph (h) substitute—

(h)a joint fire and rescue board constituted by an amalgamation scheme under section 2 of the Fire (Scotland) Act 2005 (asp 5);.

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

11SIn section 54 of the Civic Government (Scotland) Act 1982 (playing instruments, singing, playing radios etc.)—

(a)in paragraph (a) of subsection (3), for “fire brigade” substitute “ fire-fighting ”; and

(b)after that subsection insert—

(4)In subsection (3)(a), the reference to fire-fighting purposes is a reference to—

(a)the purposes of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)); or

(b)fire-fighting functions of any other employer of fire-fighters..

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

12SIn section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed limits)—

(a)the words “fire brigade,” shall be repealed; and

(b)after “purposes” insert “ or for or in connection with the exercise of any function of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”.

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

F113S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

14SIn the Housing (Scotland) Act 1988—

(a)for sub-paragraph (vii) of subsection (3)(a) of section 43 (conditions necessary to make a tenancy a housing association tenancy or secure tenancy) substitute—

(vii)a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);; and

(b)for paragraph (g) of subsection (4) of section 45 (certain tenancies not to be capable of being protected or secure tenancies) substitute—

(g)a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);.

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

15SIn the Schedule (Provisional Order confirmed by Act) to the Tay Road Bridge Order Confirmation Act 1991, in paragraph (b) of subsection (2) of section 54, for the words from “a” where it first occurs to the end of that paragraph substitute “ an employee of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”.

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

16SIn the Schedule to the Strathclyde Regional Council Order Confirmation Act 1991, in paragraph (a) of subsection (8) of section 3—

(a)the word “, fire” shall be repealed; and

(b)after “services” insert “ , or by a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”.

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

17SIn subsection (4) of section 43 (guidance as to exercise of traffic powers) of the Local Government etc. (Scotland) Act 1994, for paragraph (b) substitute—

(b)the relevant authorities (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5));.

The Merchant Shipping Act 1995 (c. 21)S

18SIn section 135(1) of the Merchant Shipping Act 1995 (restrictions on transfer of oil at night), for “fire brigade” substitute “ relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) or any other employer of fire-fighters ”.

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

19SIn the Schedule to the Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996, in subsection (9) of section 6 for “the fire service” substitute “ a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”.

The Housing (Scotland) Act 2001 (asp 10)S

20SIn paragraph 2 of schedule 1 to the Housing (Scotland) Act 2001 (tenancies which are not Scottish secure tenancies)—

(a)in sub-paragraph (b), for the words from “a” where it first occurs to “(c.41)” substitute “ an employee of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”; and

(b)in sub-paragraph (c), for “fire brigade” substitute “ authority ”.

The Scottish Public Services Ombudsman Act 2002 (asp 11)S

21SFor paragraph 13 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (listed authorities) substitute—

13A joint fire and rescue board constituted by an amalgamation scheme made under section 2(1) of the Fire (Scotland) Act 2005 (asp 5)..

The Freedom of Information (Scotland) Act 2002 (asp 13)S

22SIn schedule 1 to the Freedom of Information (Scotland) Act 2002 (Scottish public authorities), for paragraph 9, substitute “ Her Majesty's Chief Inspector of Fire and Rescue Authorities ”.

The Local Government in Scotland Act 2003 (asp 1)S

23(1)The Local Government in Scotland Act 2003 shall be amended as follows.S

(2)In subsection (1)(d) of section 16 (community planning: further provision), for the words from “board” to the end of that paragraph substitute “ fire board ”.

(3)In subsection (9) of section 22 (limits on power to advance well-being), at the beginning insert “ Subject to section 16(3) of the Fire (Scotland) Act 2005 (asp 5), ”.

(4)In section 25 (scrutiny of local authorities' police and fire functions)—

(a)in subsection (2)—

(i)for “Services for Scotland” substitute “ and Rescue Authorities ”;

(ii)for “24 of the Fire Services Act 1947 (c. 41)” substitute “ 43 of the Fire (Scotland) Act 2005 (asp 5) ”;

(iii)in paragraph (a), after “fire” insert “ and rescue ”; and

(b)in subsection (3)(a), after “fire” insert “ and rescue ”.

(5)In section 61 (definitions), in the definition of “joint fire board” for the words from “board”, where it secondly occurs, to the end substitute “ and rescue board constituted by an amalgamation scheme made under section 2(1) of the Fire (Scotland) Act 2005 (asp 5) ”.

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

24SIn subsection (10) of section 34 of the Fire and Rescue Services Act 2004 (pensions etc.), for the words from “fire”, where it secondly occurs, to the end substitute “ relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)). ”.

The Emergency Workers (Scotland) Act 2005 (asp 2)S

25SIn section 7 of the Emergency Workers (Scotland) Act 2005 (savings for certain offences), the words from “or section 30” to the end are repealed.

Back to top

Options/Help

Print Options

Close

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

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.

Close

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
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

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