Fire (Scotland) Act 2005

Performance of functions by others

36 Arrangements for carrying out of functions by others

(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.

37 Section 36: directions

(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.