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Fire (Scotland) Act 2005

2005 asp 5 · Enacted 1 April 2005 · Extends to Scotland

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 20 December 2016.

See the changes not yet applied
ProvisionChangeMade by
Sch. 3 para. 12repealedRoad Safety Act 2006 Sch. 7(7)

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.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 23rd February 2005 and received Royal Assent on 1st April 2005

Contents

  1. Part 1: The Scottish Fire and Rescue Service
  3. 1Fire and rescue authorities Repealed
  4. 1AThe Scottish Fire and Rescue Service
  5. Joint fire and rescue boards
  6. 2Schemes to constitute joint fire and rescue boards Repealed
  7. 3Schemes under section 2: amendment and revocation Repealed
  8. 4Joint fire and rescue boards: supplementary provision Repealed
  9. 5Existing joint fire boards Repealed
  10. Meaning of “relevant authority”
  11. 6Meaning of “relevant authority” Repealed
  12. Part 2: Fire and rescue services
  13. Chapter 1: Appointment of Chief Officer
  14. 7Appointment of Chief Officer Repealed
  15. Chapter 2: Principal fire and rescue functions
  16. 8Fire safety
  17. 9Fire-fighting
  18. 10Road traffic accidents
  19. 11Conferral of functions in relation to other emergencies
  20. Chapter 3: Ancillary functions
  21. 12Emergency directions Repealed
  22. 13Power to respond to other eventualities
  23. 14Provision of other services
  24. 15Provision of centres for education and training
  25. 16Charging
  26. 16AExercise of powers at sea: further provision
  27. Chapter 4: Water supply
  28. Supply and use of water
  29. 17Duty to secure water supply
  30. 18Use of water
  31. 19Agreements in relation to water supply
  32. 20Emergency supply by Scottish Water
  33. Fire hydrants
  34. 21Fire hydrants: provision etc.
  35. 22Fire hydrants: recovery of costs
  36. 23Fire hydrants: offences
  37. Works affecting supply and hydrants
  38. 24Notice of works affecting water supply and fire hydrants
  39. 24AUse of electronic communication
  40. Chapter 5: Powers of employees and constables
  41. Powers in emergencies
  42. 25Powers of authorised employees in relation to emergencies
  43. 26Powers of constables in relation to fires
  44. Obtaining information
  45. 27Powers of authorised employees in relation to obtaining information
  46. 28Giving of notices required by section 27
  47. 29Powers of authorised employees in relation to investigating fires
  48. 30Exercise of powers under sections 27 and 29: securing of premises
  49. 31Sections 27 and 29: offences
  50. Use of information
  51. 32Use of commercially sensitive information
  52. Chapter 6: Mutual assistance etc.
  53. Assistance in discharge of functions
  54. 33Reinforcement schemes Repealed
  55. 34Directions about reinforcement schemes Repealed
  56. 35Assistance
  57. Performance of functions by others
  58. 36Arrangements for carrying out of functions by others
  59. 37Section 36: directions Repealed
  60. Chapter 7: Assaulting or impeding employees and others
  61. 38Amendment of Emergency Workers (Scotland) Act 2005
  62. 39Assaulting or impeding employees discharging certain functions
  63. Chapter 8: Central supervision and support
  64. Best value
  65. 39ABest value
  66. 39BBest value: further provision
  67. 39CExaminations of SFRS by Auditor General
  68. Fire and Rescue Framework for Scotland
  69. 40Framework document
  70. 41Adherence
  71. Chapter 8A: Planning, Reports and Information
  72. Strategic plan
  73. 41ASFRS's first strategic plan
  74. 41BReview of plan
  75. 41CSFRS's duty to have regard to approved plan
  76. Local fire and rescue plans
  77. 41DProvision of local services
  78. 41ELocal fire and rescue plans
  79. 41FPower to review plan
  80. 41GMandatory review
  81. 41HProvision of information to local authority
  82. 41JLocal Senior Officers
  83. 41KMonitoring by local authority
  84. 41LAnnual report
  85. 41MProvision of information
  86. 42Reporting Repealed
  87. Directions
  88. 42ADirections
  89. Inspection
  90. 43Inspectors of Fire and Rescue Authorities Repealed
  91. Chapter 8B: Inspection
  92. Inspectors of SFRS
  93. 43AInspectors of SFRS
  94. 43BInquiries by Inspectors
  95. 43CInquiries under section 43B(1): reports
  96. 43DInquiries under section 43B(2): reports
  97. 43EInquiry reports: duties of SFRS
  98. 43FChief Inspector's plan
  99. Co-operation and information-sharing
  100. 43GCo-operation and information-sharing: Auditor General
  101. 44Functions of Inspectors of Fire and Rescue Authorities Repealed
  102. Chapter 8C: Equipment, Facilities and Services
  103. 45Directions for public safety purposes Repealed
  104. 46Requirements concerning equipment and services Repealed
  105. 47Provision of equipment etc.
  106. Training
  107. 48Central institution and other centres for education and training Repealed
  108. Chapter 9: Employment
  109. Negotiation of conditions of service
  110. 49Statutory negotiation arrangements Repealed
  111. 50Guidance Repealed
  112. Supplementary
  113. 51Prohibition on employment of police
  114. Chapter 10: Interpretation
  115. 52Interpretation of Part 2
  116. Part 3: Fire safety
  117. Chapter 1: Fire safety duties
  118. Duties
  119. 53Duties of employers to employees
  120. 54Duties in relation to relevant premises
  121. 55Taking of measures under section 53 or 54: considerations
  122. 56Duties of employees
  123. Regulations
  124. 57Risk assessments: power to make regulations
  125. 58Scottish Ministers' power to make regulations about fire safety
  126. 59Power to make further provision for protection of fire-fighters
  127. Special case
  128. 60Special case: temporary suspension of Chapter 1 duties
  129. Chapter 2: Enforcement
  130. 61Enforcing authorities
  131. 62Powers of enforcement officers
  132. 63Prohibition notices
  133. 64Enforcement notices
  134. 65Alterations notices
  135. 66Appeals
  136. 67Determination of disputes
  137. Chapter 3: Miscellaneous
  138. 68Prohibition on charging employees
  139. 69Civil liability for breach of statutory duty
  140. 70Consequential restriction of application of Part I of Health and Safety at Work etc. Act 1974
  141. 71Suspension of terms and conditions of licences dealing with same matters as this Part
  142. Chapter 4: Offences
  143. 72Offences
  144. 73Offences by bodies corporate and partnerships
  145. 74Offence due to fault of other person
  146. 75Employee's act or omission not to afford employer defence
  147. Chapter 5: General
  148. 76Service of documents
  149. 77Crown application
  150. 77AApplication to visiting forces etc.
  151. 78Meaning of “relevant premises”
  152. 79Interpretation of Part 3
  153. Part 4: Miscellaneous
  154. 80Inquiries
  155. 81Inquiries: supplementary
  156. Consultation requirements
  157. 82Pre-commencement consultation
  158. Advisory bodies
  159. 83Payments in respect of advisory bodies
  160. 84Abolition of Scottish Central Fire Brigades Advisory Council
  161. False alarms
  162. 85False alarms
  163. Disposal of land
  164. 86Disposal of land
  165. Part 5: General
  166. 86AInterpretation
  167. 87Ancillary provision
  168. 88Orders and regulations
  169. 89Minor and consequential amendments and repeals
  170. 90Commencement
  171. 91Short title
  172. Schedule 1: Joint fire and rescue boards: supplementary provision Repealed
  173. Status Repealed
  174. 1Paragraph 1 Repealed
  175. General powers Repealed
  176. 2Paragraph 2 Repealed
  177. Pensions Repealed
  178. 3Paragraph 3 Repealed
  179. Schedule 1A: The Scottish Fire and Rescue Service
  180. Status
  181. 1Paragraph 1
  182. Membership
  183. 2Paragraph 2
  184. Disqualification
  185. 3Paragraph 3
  186. Tenure
  187. 4Paragraph 4
  188. Removal from office
  189. 5Paragraph 5
  190. Remuneration, allowances and expenses of members
  191. 6Paragraph 6
  192. The Chief Officer
  193. 7Paragraph 7
  194. SFRS's employees
  195. 8Paragraph 8
  196. Committees and sub-committees
  197. 9Paragraph 9
  198. Procedure
  199. 10Paragraph 10
  200. Public access
  201. 11Paragraph 11
  202. Governance and accountability
  203. 12Paragraph 12
  204. SFRS's general powers
  205. 13Paragraph 13
  206. Delegation of functions
  207. 14Paragraph 14
  208. Location of principal office premises
  209. 15Paragraph 15
  210. Grants
  211. 16Paragraph 16
  212. Accounts
  213. 17Paragraph 17
  214. Schedule 2: Fire safety measures
  215. 1Paragraph 1
  216. 2Paragraph 2
  217. Schedule 3: Minor and consequential amendments
  218. The Civil Defence Act 1948 (c. 5)
  219. 1Paragraph 1
  220. The Pipe-lines Act 1962 (c. 58)
  221. 2Paragraph 2
  222. The Gas Act 1965 (c. 36)
  223. 3Paragraph 3
  224. The Transport Act 1968 (c. 73)
  225. 4Paragraph 4
  226. The Local Government (Scotland) Act 1973 (c. 65)
  227. 5Paragraph 5
  228. The Control of Pollution Act 1974 (c. 40)
  229. 6Paragraph 6
  230. The Local Government (Scotland) Act 1975 (c. 30)
  231. 7Paragraph 7
  232. The Licensing (Scotland) Act 1976 (c. 66)
  233. 8Paragraph 8
  234. The Water (Scotland) Act 1980 (c. 45)
  235. 9Paragraph 9
  236. The Local Government, Planning and Land Act 1980 (c. 65)
  237. 10Paragraph 10
  238. The Civic Government (Scotland) Act 1982 (c. 45)
  239. 11Paragraph 11
  240. The Road Traffic Regulation Act 1984 (c. 27)
  241. 12Paragraph 12
  242. The Housing (Scotland) Act 1987 (c. 26)
  243. 13Paragraph 13 Repealed
  244. The Housing (Scotland) Act 1988 (c. 43)
  245. 14Paragraph 14
  246. The Tay Road Bridge Order Confirmation Act 1991 (c.iv)
  247. 15Paragraph 15
  248. The Strathclyde Regional Council Order Confirmation Act 1991 (c.xx)
  249. 16Paragraph 16
  250. The Local Government etc. (Scotland) Act 1994 (c. 39)
  251. 17Paragraph 17
  252. The Merchant Shipping Act 1995 (c. 21)
  253. 18Paragraph 18
  254. The Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 (c.xii)
  255. 19Paragraph 19
  256. The Housing (Scotland) Act 2001 (asp 10)
  257. 20Paragraph 20
  258. The Scottish Public Services Ombudsman Act 2002 (asp 11)
  259. 21Paragraph 21
  260. The Freedom of Information (Scotland) Act 2002 (asp 13)
  261. 22Paragraph 22
  262. The Local Government in Scotland Act 2003 (asp 1)
  263. 23Paragraph 23
  264. The Fire and Rescue Services Act 2004 (c. 21)
  265. 24Paragraph 24
  266. The Emergency Workers (Scotland) Act 2005 (asp 2)
  267. 25Paragraph 25
  268. Schedule 4Repeals