Fire (Scotland) Act 2005

JurisdictionScotland
Citation2005 asp 5
See commencement information

Fire (Scotland) Act 2005

asp 5

[1st April 2005]

and received Royal Assent on

[23rd February 2005]

The Bill for this Act of the Scottish Parliament was passed by the Parliament on

An Act of the Scottish Parliament to make provision about fire and rescue authorities and joint fire and rescue boards; to restate and amend the law in relation to fire services; to make provision in relation to the functions of such authorities and boards in connection with certain events and situations other than fires; to make provision for implementing in part Council Directives 89/391/EEC, 89/654/EEC, 91/383/EEC, 94/33/EC, 98/24/EC and 99/92/EC; to make other provision in relation to fire safety in certain premises; and for connected purposes.

1 Fire and rescue authorities

Part 1

Fire and rescue authorities

Fire and rescue authorities

Fire and rescue authorities

S-1 Fire and rescue authorities

1 Fire and rescue authorities

(1) The council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39) for a local government area shall be the fire and rescue authority for that area.

(2) In subsection (1), ‘local government area’ has, subject to subsection (3), the same meaning as in that Act.

(3) If a local government area extends into the sea, its seaward boundary shall, for the purpose of subsection (1), be the low water mark.

Joint fire and rescue boards

Joint fire and rescue boards

S-2 Schemes to constitute joint fire and rescue boards

2 Schemes to constitute joint fire and rescue boards

(1) Where it appears to the Scottish Ministers that, for the purposes of this Act, it would be in the interests of greater economy, efficiency and effectiveness that the areas of two or more fire and rescue authorities be combined, they may by order make an amalgamation scheme for that combined area.

(2) An amalgamation scheme is a scheme constituting, for the combined area of the fire and rescue authorities specified in it (the ‘constituent authorities’), a joint fire and rescue board consisting of such number of members, being members of the constituent authorities, as are specified in the scheme.

(3) An amalgamation scheme may include such supplementary, incidental or consequential provision as the Scottish Ministers consider appropriate.

(4) Provision that may be made under subsection (3) may include in particular provision with respect to—

(a) the proceedings of the board;

(b) its funding and financial arrangements, including in particular—

(i) provision for the payment of its expenses out of a combined fire and rescue service fund maintained by the constituent authorities;

(ii) provision about the carrying-forward from one financial year to the next of any money received by the board in respect of the first year from the constituent authorities under provision made under paragraph (b)(i) and remaining unspent at the end of the first year;

(c) the transfer to the board of any property, rights and liabilities of the constituent authorities;

(d) the transfer to the board of any staff of the constituent authorities;

(e) officers of the board;

(f) the supply of services or facilities by the constituent authorities to the board;

(g) the payment of compensation in respect of loss suffered by any person in consequence of the constitution of the board.

(5) Before making an amalgamation scheme, the Scottish Ministers shall consult—

(a) the fire and rescue authorities in respect of which the scheme is proposed;

(b) such other fire and rescue authorities as appear to them likely to be affected; and

(c) such other persons as they consider appropriate.

S-3 Schemes under section 2: amendment and revocation

3 Schemes under section 2: amendment and revocation

(1) An order amending or revoking an amalgamation scheme made under section 2(1) may include provision for the transfer of staff, property, rights and liabilities from the joint fire and rescue board constituted by the scheme to—

(a) any fire and rescue authority; or

(b) any other such board.

(2) Before making an order such as is mentioned in subsection (1), the Scottish Ministers shall consult—

(a) the joint board constituted by the scheme;

(b) the fire and rescue authorities specified in the scheme; and

(c) such other—

(i) fire and rescue authorities; and

(ii) joint fire and rescue boards,

as appear to them likely to be affected.

S-4 Joint fire and rescue boards: supplementary provision

4 Joint fire and rescue boards: supplementary provision

4 Joint fire and rescue boards: supplementary provision

Schedule 1, which makes provision about joint fire and rescue boards constituted by schemes made under section 2(1), shall have effect.

S-5 Existing joint fire boards

5 Existing joint fire boards

(1) An administration scheme under section 36 of the Fire Services Act 1947 (c.41) or section 147 of the Local Government (Scotland) Act 1973 (c.65) which is in force immediately before the repeal of those sections by this Act shall continue to have effect notwithstanding that repeal.

(2) A scheme such as is mentioned in subsection (1) shall be taken to be a scheme made under section 2(1); and a joint fire board constituted by such a scheme in respect of an area shall be taken to be a joint fire and rescue board constituted by the scheme for that area.

(3) The Scottish Ministers may by order make provision for and in relation to the transfer to a joint fire and rescue board constituted by a scheme made under section 2(1) of—

(a) any property, rights or liabilities of a joint fire board (‘an existing board’) constituted by a scheme such as is mentioned in subsection (1); and

(b) any staff of an existing board.

Meaning of ‘relevant authority’

Meaning of ‘relevant authority’

S-6 Meaning of ‘relevant authority’

6 Meaning of ‘relevant authority’

In this Act ‘relevant authority’ means—

(a) a fire and rescue authority which is not specified in a scheme made under section 2(1); or

(b) a joint fire and rescue board constituted by such a scheme.

2 Fire and rescue services

Part 2

Fire and rescue services

Chapter 1

Appointment of Chief Officer

S-7 Appointment of Chief Officer

7 Appointment of Chief Officer

(1) Each relevant authority shall appoint a person to be known as a Chief Officer.

(2) A Chief Officer shall be responsible to the relevant authority for the discharge of the functions conferred on the authority by virtue of this Act by any person employed by the authority for the purpose of discharging those functions.

Chapter 2

Principal fire and rescue functions

S-8 Fire safety

8 Fire safety

(1) Each relevant authority shall make provision for the purpose of promoting fire safety in its area.

(2) In making provision under subsection (1) a relevant authority shall in particular, to the extent that the authority considers it reasonable to do so, make arrangements for—

(a) the provision of information, publicity and encouragement in respect of the steps to be taken to prevent—

(i) fires; and

(ii) death or injury by fire;

(b) the giving of advice, on request, about—

(i) how to prevent fires and restrict their spread in buildings and other property; and

(ii) the means of escape from buildings and other property in the event of fire.

S-9 Fire-fighting

9 Fire-fighting

(1) Each relevant authority shall make provision for the purpose of—

(a) extinguishing fires in its area; and

(b) protecting life and property in the event of fires in its area.

(2) In making provision under subsection (1) a relevant authority shall in particular—

(a) secure the provision of the personnel, services and equipment necessary to meet efficiently all normal requirements;

(b) secure the provision of training for personnel;

(c) make arrangements for—

(i) dealing with calls for help; and

(ii) summoning personnel,

in the event of fire;

(d) make arrangements for obtaining information required or likely to be required for the purpose mentioned in that subsection;

(e) make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose mentioned in that subsection.

S-10 Road traffic accidents

10 Road traffic accidents

(1) Each relevant authority shall make provision for the purpose of—

(a) rescuing persons in the event of road traffic accidents in its area; and

(b) to the extent that it considers it reasonable to do so, protecting persons from serious harm in the event of road traffic accidents in its area.

(2) In making provision under subsection (1) a relevant authority shall in particular—

(a) secure the provision of the personnel, services and equipment necessary to meet efficiently all normal requirements;

(b) secure the provision of training for personnel;

(c) make arrangements for—

(i) dealing with calls for help; and

(ii) summoning personnel,

in the event of road traffic accidents;

(d) make arrangements for obtaining information required or likely to be required for the purpose mentioned in that subsection;

(e) make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose...

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