Police and Fire Reform (Scotland) Act 2012 Explanatory Notes

Sections 102-110 – Functions

113.Sections 102110 amend Chapters 2 and 3 of Part 2 of the 2005 Act and Chapter 2 of Part 3 of that Act, replacing references in that Act to “relevant authority” (unitary authority or joint fire and rescue boards) with references to the Scottish Fire and Rescue Service. Functions and responsibilities in the amended sections which were previously with joint boards and unitary authorities will now rest with SFRS. This includes the following areas: promotion of fire safety; fire safety enforcement; responding to fires, road traffic accidents and other emergencies and eventualities; provision of other services; provision of centres for education and training; and charging. In relation to the promotion of fire safety, section 102 will enable SFRS to run national publicity campaigns, which were previously done by the Scottish Ministers. Section 103 also transfers responsibility for the enforcement of fire safety in certain Crown and other premises from the Chief Inspector of Fire and Rescue Authorities to SFRS and amends section 67 of the 2005 Act so that where the enforcing authority is SFRS a matter may be referred by either party for determination of a dispute by the Chief Inspector. Section 106 allows additional functions in relation to other emergencies to be conferred on SFRS by order (for example prior to the Act there were additional functions placed on the unitary authorities and joint boards by the Fire (Additional Function) Scotland Order 2005).

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