SCHEDULE 7Minor and consequential amendments

PART 2AMENDMENTS RELATING TO PART 2

Fire (Scotland) Act 2005 (asp 5)

68

I21

The Fire (Scotland) Act 2005 is amended as follows.

I22

For the title of Part 1 of the 2005 Act and the italic cross heading immediately preceding section 1 of that Act, substitute— “ THE SCOTTISH FIRE AND RESCUE SERVICE ”.

I23

In section 17 (duty to secure water supply)—

a

in subsection (1)—

i

for “A relevant authority” substitute “ SFRS ”, and

ii

for “the authority's” substitute “ its ”, and

b

in subsection (2), for “the authority”, where it occurs in each of paragraphs (a), (e) and (f), substitute “ SFRS ”.

I24

In section 18 (use of water)—

a

in subsection (1) for “a relevant authority” substitute “ SFRS ”, and

b

in subsection (2) for “A relevant authority” substitute “ SFRS ”.

I25

In section 19 (agreements in relation to water supply), for “a relevant authority”, where it occurs in each of subsections (1) and (3), substitute “ SFRS ”.

I26

In section 20(1) (emergency supply by Scottish Water) for “a relevant authority” substitute “ SFRS ”.

I27

In section 21 (fire hydrants: provision etc.)—

a

in subsection (4) for “the relevant authority in whose area the hydrant is located” substitute “ SFRS ”, and

b

in subsection (6) for “a relevant authority) the relevant authority in whose area the hydrant is located” substitute “ SFRS) SFRS ”.

I28

In section 23(2)(b) (use of fire hydrants exempt from offences) for “a relevant authority” substitute “ SFRS ”.

I29

In section 24 (notice of works affecting water supply and fire hydrants)—

a

in subsection (1)—

i

for “a relevant authority” substitute “ SFRS ”, and

ii

for “the authority” substitute “ SFRS ”, and

b

in subsection (3) for “the relevant authority in whose area the hydrant is situated” substitute “ SFRS ”.

I210

In section 25 (powers of authorised employees in relation to emergencies), in subsection (1)—

a

for “a relevant authority” substitute “ SFRS ”, and

b

for “the authority”, in both places where it occurs, substitute “ SFRS ”.

I211

In section 27 (powers of authorised employees in relation to obtaining information), in subsection (1)—

a

for “a relevant authority” substitute “ SFRS ”,

b

for “the authority” substitute “ SFRS ”, and

c

for “the authority's” substitute “SFRS's”.

I212

In section 29 (powers of authorised employees in relation to investigating fires), in subsection (1)—

a

for “a relevant authority” substitute “ SFRS ”, and

b

for “the authority” substitute “ SFRS ”.

I213

In section 30 (exercise of authorised employee powers) for “a relevant authority” substitute “ SFRS ”.

I214

In section 39 (assaulting or impeding employees discharging certain functions)—

a

in subsection (1)—

i

in paragraph (a) for “a relevant authority” substitute “ SFRS ”, and

ii

in paragraph (b) for “the authority” substitute “ SFRS ”,

b

in subsection (2)—

i

for “a relevant authority” substitute “ SFRS ”, and

ii

for “that authority” substitute “ SFRS ”, and

c

in subsection (3) for “a relevant authority” substitute “ SFRS ”.

I115

In section 40 (framework document)—

a

in subsection (1)—

i

in paragraph (a) for “relevant authorities” substitute “ SFRS ”,

ii

in paragraph (a) for “their functions” substitute “ its functions under this Act or any other enactment, ”, and

iii

in paragraph (b)(ii) for “those authorities” substitute “ SFRS ”,

b

in subsection (3)—

i

in paragraph (b) for “fire and rescue authorities” substitute “ SFRS ”, and

ii

in paragraph (c) for “relevant authorities have” substitute “ SFRS has ”, and

c

for subsection (6), substitute—

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.

I116

In section 41 (adherence to framework document)—

a

for subsection (1), substitute—

1

In carrying out its functions, SFRS must have regard to the framework document.

b

in subsection (2)—

i

for “a relevant authority” substitute “ SFRS ”, and

ii

for “document prepared under section 40(1)” substitute “ framework document ”,

c

in subsection (4), for “the authority”, in both places where it occurs, substitute “ SFRS ”,

d

in subsection (5)—

i

in paragraph (b) for “the authority” substitute “ SFRS ”, and

ii

in paragraph (c) for “relevant authorities have” substitute “ SFRS has ”, and

e

in subsection (6), for “the authority in respect of which it is proposed to be made” substitute “ SFRS ”.

I317

For the italic cross-heading immediately preceding section 45, substitute— “ CHAPTER 8C EQUIPMENT, FACILITIES AND SERVICES ”.

I318

In section 47(1) (provision of equipment etc. by Scottish Ministers) for “relevant authorities” substitute “ SFRS ”.

I319

In section 51 (prohibition on employment of police)—

a

for “A relevant authority” substitute “ SFRS ”, and

b

for “the authority” substitute “ it ”.

I320

In section 52 (interpretation of Part 2), in the appropriate place in alphabetical order insert the following definitions—

  • “Chief Inspector” has the meaning given by section 43A(6),

“Chief Officer” means the person appointed under paragraph 7 of schedule 1A,

“framework document” means the document prepared under, and having effect by virtue of, section 40,

“Inspector” has the meaning given by section 43A(6),

I321

In section 59(1) (application of power to make further provision for protection of fire-fighters) for “relevant authorities” substitute “ SFRS ”.

I322

In section 79(1) (interpretation of Part 3) in the definition of “relevant person” for “a relevant authority” substitute “ SFRS ”.

I323

In section 80 (inquiries), for “a relevant authority”, where it occurs in each of paragraphs (a) and (b)(iii), substitute “ SFRS ”.

I324

In section 81(2) (inquiries about which Ministers may not make regulations) for “44” substitute “ 43B ”.

I325

In section 85(1) (false alarms), for “a relevant authority” substitute “ SFRS ”.

I326

In section 86 (disposal of land), for “A relevant authority” substitute “ SFRS ”.

I327

Before section 87, insert—

86AInterpretation

1

In this Act––

  • “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39); and “area” in relation to a local authority, means the local government area for which the authority is constituted,

  • “SFRS” has the meaning given by section 1A(1).

2

References in this Act to the area of SFRS are to be construed as references to Scotland, but taking the seaward boundary of the area to be the low water mark.