Fire (Scotland) Act 2005

Valid from 08/08/2012

SCHEDULE 1 S Joint fire and rescue boards: supplementary provision

(introduced by section 4)

Status S

1 S A joint fire and rescue board constituted by a scheme made under section 2(1) shall be a body corporate and shall have a common seal.

General powers S

2 (1) Subject to this Act and the scheme made under section 2(1) by which it is constituted, a joint fire and rescue board may do anything which appears to it to be appropriate for the purposes of, or in connection with, the carrying out of its functions; and it may in particular— S

(a) acquire and dispose of land and other property; and

(b) borrow money.

(2) The power to acquire land in sub-paragraph (1)(a) includes power to purchase land compulsorily, and section 71 of the Local Government (Scotland) Act 1973 (c. 65) (acquisition of land compulsorily) shall apply to a joint fire and rescue board as it applies to a local authority.

Pensions S

3 S For the purposes of the Local Government Superannuation (Scotland) Regulations 1987 (S.I. 1987/1850), the appropriate superannuation fund shall be—

(a) in relation to the pensionable employees of a joint fire board constituted by 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), the superannuation fund of such one of the councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) whose area is comprised in the area of the joint fire board as may be determined by or under the administration scheme; and

(b) in relation to the pensionable employees of a joint fire and rescue board constituted by an amalgamation scheme made under section 2(1), the superannuation fund of such one of the councils constituted as mentioned in paragraph (a) whose area is comprised in the area of the joint fire and rescue board as may be determined by or under the amalgamation scheme.

SCHEDULE 2 S Fire safety measures

(introduced by section 53(4))

1 S Subject to paragraph 2, the fire safety measures are—

(a) measures to reduce the risk of—

(i) fire in relevant premises; and

(ii) the risk of the spread of fire there;

(b) measures in relation to the means of escape from relevant premises;

(c) measures for securing that, at all material times, the means of escape from relevant premises can be safely and effectively used;

(d) measures in relation to the means of fighting fires in relevant premises;

(e) measures in relation to the means of—

(i) detecting fires in relevant premises; and

(ii) giving warning in the event of fire, or suspected fire, in relevant premises;

(f) measures in relation to the arrangements for action to be taken in the event of fire in relevant premises (including, in particular, measures for the instruction and training of employees and for mitigation of the effects of fire); and

(g) such other measures in relation to relevant premises as may be prescribed by the Scottish Ministers by regulations.

2 S Nothing in paragraph 1 shall be construed as including process fire precautions.

SCHEDULE 3 S Minor and consequential amendments

(introduced by section 89(1))

The Civil Defence Act 1948 (c. 5) S

1 (1) The Civil Defence Act 1948 shall be amended as follows. S

(2) In subsection (1)(b) of section 1 (civil defence functions of Ministers), for “fire brigades” substitute “ employees of relevant authorities (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) ”.

(3) In section 5(civil defence obligations)—

(a) for “and fire brigades” substitute “ , employees of relevant authorities (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”;

(b) the words “and brigades” are repealed; and

(c) for “respectively” substitute “ and by employees of relevant authorities (as so defined) ”.

(4) In section 9(1)(interpretation) the definition of “fire brigade” is repealed.

The Pipe-lines Act 1962 (c. 58) S

2 S In section 37 of the Pipe-lines Act 1962 (persons to be notified of certain pipe-line accidents)—

(a) in each of subsections (1)(a) and (2)(a), after “fire” insert “ and rescue authority ”; and

(b) in subsection (4), for paragraph (a) substitute—

“(a) “fire and rescue authority”, in relation to any area, means a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the area;”.

The Gas Act 1965 (c. 36) S

3 (1) The Gas Act 1965 shall be amended as follows. S

(2) In section 17 (provisions in relation to gas-related accidents), in subsection (5)(a) for “fire authority” substitute “ fire and rescue authority ”.

(3) In section 28(1) (interpretation), for the definition of “fire authority” substitute—

““fire and rescue authority” means a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);”.

The Transport Act 1968 (c. 73) S

4 S In section 102(4) of the Transport Act 1968 (application to the Crown and exemptions)—

(a) the words “or fire brigade” are repealed; and

(b) after “purposes” insert “ or for or in connection with the exercise of any function of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”.

The Local Government (Scotland) Act 1973 (c. 65) S

5 S In section 63A of the Local Government (Scotland) Act 1973 (disapplication of sections 62A to 62C in relation to fire authorities), after “fire” insert “ and rescue ”.

The Control of Pollution Act 1974 (c. 40) S

6 S In subsection (2)(a) of section 62 of the Control of Pollution Act 1974 (restrictions on use of loudspeakers in streets)—

(a) the words “, fire brigade” are repealed; and

(b) after “purposes,” insert “ for or in connection with the exercise of any function of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)), ”.

The Local Government (Scotland) Act 1975 (c. 30) S

7 (1) The Local Government (Scotland) Act 1975 shall be amended as follows. S

(2) For paragraph (a) of section 23(2) (authorities subject to investigation) substitute—

“(a) any joint fire and rescue board constituted by an amalgamation scheme under section 2 of the Fire (Scotland) Act 2005 (asp 5);”.

(3) In subsection (3)(b) of section 29A (consideration of adverse reports), for “fire” substitute “ joint fire and rescue boards ”.

The Licensing (Scotland) Act 1976 (c. 66) S

8 (1) The Licensing (Scotland) Act 1976 shall be amended as follows. S

(2) In each of—

(a) subsection (1)(e) of section 16 (objections in relation to licence applications);

(b) subsections (5) and (6) of section 23 (special provisions relating to applications for a new licence);

(c) subsection (1) of section 24 (special provisions relating to applications for renewal of a licence);

(d) subsection (3) of section 35 (consent of licensing board required for works to certain licensed premises); and

(e) subsection (2)(c) of section 105 (procedure on application for grant or renewal of registration),

after “fire” insert “ and rescue ”.

(3) In subsection (1) of section 139 (interpretation), for the definition of “fire authority” substitute—

““fire and rescue authority” means a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5));”.

The Water (Scotland) Act 1980 (c. 45) S

9 (1) The Water (Scotland) Act 1980 shall be amended as follows. S

(2) In section 109(1) (interpretation), in the definition of “fire authority” for the words from “has” to the end substitute “ means a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) ”.

(3) In section 1(1) of Schedule 4 (provisions incorporated in orders relating to water undertakings), in the definition of “fire authority” for the words from “has” to the end substitute “ means a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) ”.

The Local Government, Planning and Land Act 1980 (c. 65) S

10 S In subsection (1) of section 2 of the Local Government, Planning and Land Act 1980 (local authorities to whom a duty to publish information applies), for paragraph (h) substitute—

“(h) a joint fire and rescue board constituted by an amalgamation scheme under section 2 of the Fire (Scotland) Act 2005 (asp 5);”.

The Civic Government (Scotland) Act 1982 (c. 45) S

11 S In section 54 of the Civic Government (Scotland) Act 1982 (playing instruments, singing, playing radios etc.)—

(a) in paragraph (a) of subsection (3), for “fire brigade” substitute “ fire-fighting ”; and

(b) after that subsection insert—

“(4) In subsection (3)(a), the reference to fire-fighting purposes is a reference to—

(a) the purposes of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)); or

(b) fire-fighting functions of any other employer of fire-fighters.”.

The Road Traffic Regulation Act 1984 (c. 27) S

12 S In section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed limits)—

(a) the words “fire brigade,” shall be repealed; and

(b) after “purposes” insert “ or for or in connection with the exercise of any function of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”.

The Housing (Scotland) Act 1987 (c. 26) S

13 S In section 82 of the Housing (Scotland) Act 1987 (interpretation of Part III of Act), in the definition of “fire authority”, for the words from “fire”, where it secondly occurs, to the end, substitute “ relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)); ”.

The Housing (Scotland) Act 1988 (c. 43) S

14 S In the Housing (Scotland) Act 1988—

(a) for sub-paragraph (vii) of subsection (3)(a) of section 43 (conditions necessary to make a tenancy a housing association tenancy or secure tenancy) substitute—

“(vii) a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);”; and

(b) for paragraph (g) of subsection (4) of section 45 (certain tenancies not to be capable of being protected or secure tenancies) substitute—

“(g) a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);”.

The Tay Road Bridge Order Confirmation Act 1991 (c.iv) S

15 S In the Schedule (Provisional Order confirmed by Act) to the Tay Road Bridge Order Confirmation Act 1991, in paragraph (b) of subsection (2) of section 54, for the words from “a” where it first occurs to the end of that paragraph substitute “ an employee of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”.

The Strathclyde Regional Council Order Confirmation Act 1991 (c.xx) S

16 S In the Schedule to the Strathclyde Regional Council Order Confirmation Act 1991, in paragraph (a) of subsection (8) of section 3—

(a) the word “, fire” shall be repealed; and

(b) after “services” insert “ , or by a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”.

The Local Government etc. (Scotland) Act 1994 (c. 39) S

17 S In subsection (4) of section 43 (guidance as to exercise of traffic powers) of the Local Government etc. (Scotland) Act 1994, for paragraph (b) substitute—

“(b) the relevant authorities (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5));”.

The Merchant Shipping Act 1995 (c. 21) S

18 S In section 135(1) of the Merchant Shipping Act 1995 (restrictions on transfer of oil at night), for “fire brigade” substitute “ relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) or any other employer of fire-fighters ”.

The Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 (c.xii) S

19 S In the Schedule to the Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996, in subsection (9) of section 6 for “the fire service” substitute “ a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”.

The Housing (Scotland) Act 2001 (asp 10) S

20 S In paragraph 2 of schedule 1 to the Housing (Scotland) Act 2001 (tenancies which are not Scottish secure tenancies)—

(a) in sub-paragraph (b), for the words from “a” where it first occurs to “(c.41)” substitute “ an employee of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) ”; and

(b) in sub-paragraph (c), for “fire brigade” substitute “ authority ”.

The Scottish Public Services Ombudsman Act 2002 (asp 11) S

21 S For paragraph 13 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (listed authorities) substitute—

“13 A joint fire and rescue board constituted by an amalgamation scheme made under section 2(1) of the Fire (Scotland) Act 2005 (asp 5).”.

The Freedom of Information (Scotland) Act 2002 (asp 13) S

22 S In schedule 1 to the Freedom of Information (Scotland) Act 2002 (Scottish public authorities), for paragraph 9, substitute “ Her Majesty's Chief Inspector of Fire and Rescue Authorities ”.

The Local Government in Scotland Act 2003 (asp 1) S

23 (1) The Local Government in Scotland Act 2003 shall be amended as follows. S

(2) In subsection (1)(d) of section 16 (community planning: further provision), for the words from “board” to the end of that paragraph substitute “ fire board ”.

(3) In subsection (9) of section 22 (limits on power to advance well-being), at the beginning insert “ Subject to section 16(3) of the Fire (Scotland) Act 2005 (asp 5), ”.

(4) In section 25 (scrutiny of local authorities' police and fire functions)—

(a) in subsection (2)—

(i) for “Services for Scotland” substitute “ and Rescue Authorities ”;

(ii) for “24 of the Fire Services Act 1947 (c. 41)” substitute “ 43 of the Fire (Scotland) Act 2005 (asp 5) ”;

(iii) in paragraph (a), after “fire” insert “ and rescue ”; and

(b) in subsection (3)(a), after “fire” insert “ and rescue ”.

(5) In section 61 (definitions), in the definition of “joint fire board” for the words from “board”, where it secondly occurs, to the end substitute “ and rescue board constituted by an amalgamation scheme made under section 2(1) of the Fire (Scotland) Act 2005 (asp 5) ”.

The Fire and Rescue Services Act 2004 (c. 21) S

24 S In subsection (10) of section 34 of the Fire and Rescue Services Act 2004 (pensions etc.), for the words from “fire”, where it secondly occurs, to the end substitute “ relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)). ”.

The Emergency Workers (Scotland) Act 2005 (asp 2) S

25 S In section 7 of the Emergency Workers (Scotland) Act 2005 (savings for certain offences), the words from “or section 30” to the end are repealed.

SCHEDULE 4 S Repeals

(introduced by section 89(2))

Enactment	Extent of repeal
The Fire Services Act 1947 (c. 41)	The whole Act except sections 26 to 27A.
The Fire Services Act 1959 (c. 44)	The whole Act except sections 8 to 10.
The Town and Country Planning (Scotland) Act 1959 (c. 70)	In paragraph 2 of the Fourth Schedule, the words “the Fire Services Act, 1947;”.
The Local Government (Scotland) Act 1973 (c. 65)	Section 56(9)(a). Section 64(5)(a). Section 147.
The Roads (Scotland) Act 1984 (c. 54)	Paragraph 34 of Schedule 9.
The New Roads and Street Works Act 1991 (c. 22)	Paragraph 99 of Schedule 8.
The Local Government etc. (Scotland) Act 1994 (c. 39)	Section 36. Section 55(8). In section 55(12), the words from “, any” where it secondly occurs to “1947”. Paragraph 27 of Schedule 13.
The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)	The entries relating to the Fire Services Act 1947 (c. 41) in the table in each of Parts II and III of Schedule 2.
The Merchant Shipping and Maritime Security Act 1997 (c. 28)	Section 4.
The Police and Fire Services (Finance) (Scotland) Act 2001 (asp 15)	Section 2.
The Water Industry (Scotland) Act 2002 (asp 3)	Paragraph 1 of schedule 7.
The Local Government in Scotland Act 2003 (asp 1)	Section 11(2).