Fire (Scotland) Act 2005

Chapter 3 S Ancillary functions

F1 12 Emergency directions S

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Textual Amendments

F1 S. 12 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 2; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

13 Power to respond to other eventualities S

(1) [F2 SFRS] may take any action it considers appropriate—

(a) in response to an event or situation that causes or is likely to cause—

(i) a person to die, be injured or become ill; or

(ii) harm to the environment (including the life and health of plants and animals and the fabric of buildings); or

(b) for the purpose of enabling it to take action in response to such an event or situation.

(2) The power conferred by subsection (1)—

(a) includes power to secure the provision of equipment; and

(b) may be exercised by [F3 SFRS] within or outwith its area.

Textual Amendments

F2 Word in s. 13(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 107(a), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3 Word in s. 13(2)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 107(b), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

14 Provision of other services S

(1) [F4 SFRS] may provide—

(a) the services of any persons employed by it; or

(b) any equipment maintained by it,

to any person for any purpose that appears to [F5 SFRS] to be appropriate.

(2) [F6 SFRS] may provide services or equipment under this section within or outwith its area.

Textual Amendments

F4 Word in s. 14(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 108(a)(i), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F5 Word in s. 14(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 108(a)(ii), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F6 Word in s. 14(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 108(b), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

15 Provision of centres for education and training S

[F7 SFRS] may establish and maintain one or more centres for providing education and training in matters in relation to which [F8 it has] functions.

Textual Amendments

F7 Word in s. 15 substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 109(a), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F8 Words in s. 15 substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 109(b), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

16 Charging S

(1) The Scottish Ministers may by order (a “charging order”) authorise [F9 SFRS] to charge a person of a description specified in the order for any action so specified taken by [F10 SFRS].

(2) A charging order may authorise a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by [F11 SFRS].

(3) A charging order may authorise charging for—

(a) extinguishing fires;

(b) protecting life; or

(c) protecting property in the event of fires,

only in respect of action taken by [F12 SFRS at sea beyond the low water mark].

(4) Where [F13 SFRS is] authorised by a charging order to charge for taking action of a particular description [F14 and it] decides to do so—

(a) the amount of the charge shall be set by [F15 SFRS];

(b) different amounts may be charged in different circumstances (and [F15 SFRS] may charge nothing).

F16 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17 (7) The references in subsection (3) to “sea” include–

(a) that part of the territorial sea of the United Kingdom which is not adjacent to Scotland; and

(b) sea beyond the territorial sea of the United Kingdom.]

Textual Amendments

F9 Word in s. 16(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(a)(i), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F10 Word in s. 16(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(a)(ii), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F11 Word in s. 16(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(b), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F12 Words in s. 16(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(c), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F13 Words in s. 16(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(d)(i), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F14 Words in s. 16(4) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(d)(ii), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F15 Word in s. 16(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(d)(iii), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F16 S. 16(5)(6) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 2; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F17 S. 16(7) inserted (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(b), 2(2); S.S.I. 2005/392, art. 2(c)(d)

Commencement Information

I1 S. 16 wholly in force at 2.8.2005; s. 16 not in force at Royal Assent see s. 90; s. 16 in force for certain purposes at 6.4.2005 by S.S.I. 2005/207, art. 3; s. 16 in force at 2.8.2005 in so far as not already in force by S.S.I. 2005/392, art. 2(b)

[F18 16A Exercise of powers at sea: further provision S

(1) Subsection (2) applies where [F19 SFRS] has power to act, or is required to act, at sea.

(2) The power may be exercised or the duty carried out–

(a) at sea in that part of the territorial sea of the United Kingdom which is not adjacent to Scotland; and

(b) at sea beyond the territorial sea of the United Kingdom.]

Textual Amendments

F18 S. 16A inserted (2.8.2005 in accordance with art. 1(2)(b) of the amending S.I.) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), art. 2(3); S.S.I. 2005/392, art. 2(c)(d) and said inserted provision expressed to be commenced on 1.10.2006 by S.S.I. 2006/458, art. 2(a) (subject to art. 3)

F19 Word in s. 16A(1) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 47