Section 40 Framework documentI1

Scotland

(1)

The Scottish Ministers shall prepare a document—

(a)

setting out priorities and objectives for F1SFRS in connection with the carrying out of F2its functions under this Act or any other enactment,; and

(b)

containing—

(i)

such guidance in connection with the carrying out of any of those functions; and

(ii)

such other matters relating to F3SFRS or those functions,

as the Scottish Ministers consider appropriate.

(2)

The Scottish Ministers—

(a)

shall keep the document prepared under subsection (1) under review; and

(b)

may from time to time revise it.

(3)

The Scottish Ministers shall carry out the functions conferred on them by subsection (1) and (2) in the manner and to the extent that appears to them to be best calculated to promote—

(a)

public safety;

(b)

the efficiency and effectiveness of F4SFRS; and

(c)

efficiency and effectiveness in connection with the matters in relation to which F5SFRS has functions.

(4)

The document prepared under subsection (1), and any revision of it which appears to the Scottish Ministers to be significant, shall have effect only when brought into effect by the Scottish Ministers by order.

(5)

In preparing—

(a)

the document mentioned in subsection (1); and

(b)

any revision of it which appears to them to be significant,

the Scottish Ministers shall consult the persons mentioned in subsection (6).

F6(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.

Annotations

Textual amendments

F1: Word in s. 40(1)(a) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(15)(a)(i); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))
F2: Words in s. 40(1)(a) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(15)(a)(ii); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))
F3: Word in s. 40(1)(b)(ii) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(15)(a)(iii); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))
F4: Word in s. 40(3)(b) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(15)(b)(i); S.S.I. 2012/253, art. 2, Sch. (with arts. 7, 8(1)(3))
F5: Words in s. 40(3)(c) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(15)(b)(ii); S.S.I. 2012/253, art. 2, Sch. (with arts. 7, 8(1)(3))
F6: S. 40(6) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(15)(c); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

Commencement

I1: S. 40 wholly in force at 2.8.2005; s. 40 not in force at Royal Assent see s. 90; s. 40 in force for certain purposes at 6.4.2005 by S.S.I. 2005/207, art. 3; s. 40 in force at 2.8.2005 in so far as not already in force by S.S.I. 2005/392, art. 2(f)