The Scottish Fire and Rescue Service (Framework and Appointed Day for Strategic Plan) Order 2013

Scottish Statutory Instruments

2013 No. 97

Fire And Rescue Services

The Scottish Fire and Rescue Service (Framework and Appointed Day for Strategic Plan) Order 2013

Made

13th March 2013

Laid before the Scottish Parliament

14th March 2013

Coming into force

29th April 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 40(4) and 41A(7) of the Fire (Scotland) Act 2005(1) and all other powers enabling them to do so.

In accordance with section 40(5) of that Act, the Scottish Ministers have, in preparing the document mentioned in section 40(1), consulted the persons mentioned in section 40(6) of that Act.

Citation and commencement

1.  This Order may be cited as the Scottish Fire and Rescue Service (Framework and Appointed Day for Strategic Plan) Order 2013 and comes into force on 29th April 2013.

Framework document

2.  The document prepared by the Scottish Ministers under section 40(1) of the Fire (Scotland) Act 2005, entitled “Fire and Rescue Framework for Scotland 2013” and published in March 2013(2), has effect for the purpose of section 40(4) of that Act.

Strategic plan: appointed day

3.  1st October 2013 is the appointed day for the purpose of section 41A(7) of the Fire (Scotland) Act 2005 (duty to secure the approval of the Scottish Ministers to the strategic plan).

Revocation

4.  The Fire and Rescue Services (Framework) (Scotland) Order 2012(3) is revoked.

R CUNNINGHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

13th March 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order gives effect to the framework document entitled “Fire and Rescue Framework for Scotland 2013”, for the purpose of section 40(4) of the Fire (Scotland) Act 2005 (“the Act”) (article 2).

The Scottish Ministers are required to prepare this framework document under section 40(1) of the Act (as amended by the Police and Fire Reform (Scotland) Act 2012, which established a single Scottish Fire and Rescue Service (“SFRS”) to replace the fire and rescue authorities and joint fire and rescue boards). It sets out priorities and objectives for SFRS in connection with the carrying out of its statutory functions. It also contains such guidance, and other matters relating to SFRS and its functions, as the Scottish Ministers consider appropriate. Section 41(1) of the Act requires SFRS to have regard to the framework document in carrying out its functions. The framework document was published in March 2013 and is available on the Scottish Government’s website: http://www.scotland.gov.uk/fireframework2013.

The Order specifies 1st October 2013 as the appointed day for the purpose of section 41A(7) of the Act, which requires SFRS to use its best endeavours to secure the Scottish Ministers’ approval to its strategic plan before that date (article 3). SFRS must also have regard to the framework document when preparing the strategic plan under section 41A of the Act.

The Order revokes the Fire and Rescue Services (Framework) (Scotland) Order 2012 (article 4).

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Fire and Rescue Service Division, Safer Communities Directorate, Scottish Government, 1WR St Andrew’s House, Regent Road, Edinburgh, EH1 3DG and online at www.legislation.gov.uk.

(1)

2005 asp 5; section 40 was amended by paragraph 68(15) of schedule 7 to the Police and Fire Reform (Scotland) Act 2012 (asp 8) and section 41A was inserted by section 114 of that Act.

(2)

The framework document is published on the Scottish Government’s website: http://www.scotland.gov.uk/fireframework2013.

(3)

S.S.I.2012/146.