Fire (Scotland) Act 2005

Part 1 — The Scottish Fire and Rescue Service

Fire and rescue authorities

Prohibition notices

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Joint fire and rescue boards

Schemes to constitute joint fire and rescue boards

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Schemes under section 2: amendment and revocation

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Joint fire and rescue boards: supplementary provision

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Existing joint fire boards

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Meaning of “relevant authority”

Meaning of “relevant authority”

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Part 2 — Fire and rescue services

Chapter 1 — Appointment of Chief Officer

Appointment of Chief Officer

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Chapter 2 — Principal fire and rescue functions

Fire safety

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• (1) SFRS must make provision for the purpose of promoting fire safety in its area.

• (2) In making provision under subsection (1) SFRS must in particular, to the extent that it 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.

Fire-fighting

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• (1) SFRS must 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) SFRS must 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.

Road traffic accidents

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• (1) SFRS must 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) SFRS must 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 mentioned in that subsection.

Conferral of functions in relation to other emergencies

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• (1) The Scottish Ministers may by order (an “additional function order”) confer on SFRS a function relating to an emergency of a kind specified in the order (the “additional function”).

• (2) An additional function order may not specify as a kind of emergency—

• (a) a fire; or

• (b) a road traffic accident,

in the area of SFRS.

• (3) An additional function order may make provision for or in connection with—

• (a) requiring the additional function to be carried out by SFRS outwith its area;

• (b) specifying what SFRS shall or may do for the purpose of the additional function;

• (c) requiring or authorising SFRS—

• (i) to secure the provision of personnel, services and equipment;

• (ii) to secure the provision of training for personnel;

• (iii) to make arrangements for dealing with calls for help and summoning personnel;

• (iv) to make arrangements for obtaining information required or likely to be required for the purpose of carrying out the function;

• (v) to make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from carrying out the function.

Chapter 3 — Ancillary functions

Emergency directions

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Power to respond to other eventualities

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• (1) 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 SFRS within or outwith its area.

Provision of other services

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• (1) 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 SFRS to be appropriate.

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

Provision of centres for education and training

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

Charging

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• (1) The Scottish Ministers may by order (a “charging order”) authorise SFRS to charge a person of a description specified in the order for any action so specified taken by 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 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 SFRS at sea beyond the low water mark.

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

• (a) the amount of the charge shall be set by SFRS;

• (b) different amounts may be charged in different circumstances (and SFRS may charge nothing).

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• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

Chapter 4 — Water supply

Supply and use of water

Duty to secure water supply

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• (1) SFRS shall take all reasonable measures for securing that an adequate supply of water will be available for its use for the purposes mentioned in subsection (2).

• (2) Those purposes are—

• (a) extinguishing fires in the area of SFRS;

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

• (c) rescuing people in the event of road traffic accidents in its area;

• (d) protecting people from serious harm in the event of road traffic accidents in its area;

• (e) carrying out any function conferred on SFRS by an order under section 11; and

• (f) fulfilling any requirement made of SFRS by a direction given to it under section 12.

Use of water

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• (1) Subject to—

• (a) an agreement under section 19(1); and

• (b) section 9A of the Water (Scotland) Act 1980 (c. 45) (charging for emergency use of water),

SFRS may use any suitable supply of water for the purposes mentioned in section 17(2).

• (2) SFRS shall pay reasonable compensation for water used by virtue of subsection (1).

Agreements in relation to water supply

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• (1) For the purposes of section 17, SFRS may—

• (a) enter into an agreement with Scottish Water; or

• (b) enter into an agreement to—

• (i) secure the use of water under the control of a person other than Scottish Water;

• (ii) improve access to any such water;

• (iii) lay and maintain pipes and carry out other works in connection with the use of such water.

• (2) Subject to section 9A of the Water (Scotland) Act 1980 (c. 45) (charging for emergency use of water), an agreement mentioned in subsection (1)(a) may include terms as to payment to be made to Scottish Water.

• (3) Scottish Water shall not unreasonably refuse to enter into an agreement mentioned in subsection (1)(a) which is proposed by SFRS.

• (4) Any question whether Scottish Water has unreasonably refused to enter into an agreement mentioned in subsection (1)(a) shall be determined by the Scottish Ministers.

Emergency supply by Scottish Water

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• (1) If SFRS requests Scottish Water to provide a supply or pressure of water for a purpose mentioned in section 17(2) that is greater than it would otherwise provide, it shall take all necessary steps in order to do so.

• (2) For the purposes of complying with its obligation under subsection (1) Scottish Water may shut off the water from the mains and pipes in any area.

• (3) Scottish Water (and any other person) shall not be liable to any penalty or claim arising because of anything done by Scottish Water in complying with its obligation under subsection (1).

• (4) If, without reasonable excuse, Scottish Water fails to take any step which it is obliged to take under subsection (1), it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Fire hydrants

Fire hydrants: provision etc.

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• (1) Sections 19 to 22 of Schedule 4 to the Water (Scotland) Act 1980 (c. 45) (requirement to provide fire hydrants etc.) shall apply to Scottish Water.

• (2) Scottish Water shall cause the location of every fire hydrant provided by it to be clearly indicated by—

• (a) a notice; or

• (b) a distinguishing mark.

• (3) Scottish Water may place such a notice or mark on a wall or fence adjoining a road or public place.

• (4) The expenses incurred by Scottish Water under subsection (2) in relation to a hydrant shall be borne by SFRS.

• (5) The Scottish Ministers may make regulations providing for uniformity in—

• (a) fire hydrants provided by Scottish Water; and

• (b) notices or marks indicating locations of such hydrants.

• (6) Where a fire hydrant provided by Scottish Water is damaged as the result of any use made of it with the authority of Scottish Water (other than use for the purposes of fire-fighting or any other purposes of SFRS) SFRS shall not be liable for the cost of repairing or replacing it.

Fire hydrants: recovery of costs

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• (1) Schedule 4 to the Water (Scotland) Act 1980 (c. 45) (provisions incorporated in orders relating to water undertakings) shall be amended as follows.

• (2) After section 21 insert—

(21A) The Scottish Ministers may by regulations make provision as to— (a) the persons (other than Scottish Water) from whom; or (b) the circumstances in which, fire authorities may recover costs defrayed under section 21 of this Schedule.

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• (3) In section 22, for the words “the last but one foregoing section” substitute “ section 20 of this Schedule ”.

Fire hydrants: offences

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• (1) A person who—

• (a) uses a fire hydrant provided by Scottish Water otherwise than for a purpose mentioned in subsection (2); or

• (b) damages or obstructs such a fire hydrant otherwise than in consequence of use for such a purpose,

shall be guilty of an offence.

• (2) Those purposes are—

• (a) fire-fighting;

• (b) any other purpose of SFRS;

• (c) any purpose authorised by Scottish Water.

• (3) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Works affecting supply and hydrants

Notice of works affecting water supply and fire hydrants

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• (1) A person who proposes to carry out works for the purpose of supplying water to any part of the area of SFRS shall give the relevant period's notice in writing to SFRS.

• (2) In subsection (1) the “relevant period” is—

• (a) in the case where the works are proposed to be carried out to comply with a requirement imposed under any enactment other than the Water (Scotland) Act 1980 (c. 45), 14 days;

• (b) in any other case, 6 weeks.

• (3) A person who proposes to carry out works affecting a fire hydrant shall give at least 7 days' notice in writing to SFRS.

• (4) If it is not practicable for a person to give notice as required by subsection (1) or (3), the person shall be regarded as having given such notice if it is given as soon as practicable.

• (5) A person who, without reasonable excuse, fails to give notice as required by subsection (1) or (3) shall be guilty of an offence.

• (6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Chapter 5 — Powers of employees and constables

Powers in emergencies

Powers of authorised employees in relation to emergencies

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• (1) An employee of SFRS who is authorised in writing by SFRS for the purposes of this section (an “authorised employee”) and on duty may—

• (a) if the employee reasonably believes that a fire has broken out, do anything the employee reasonably believes to be necessary for the purpose of—

• (i) extinguishing the fire; or

• (ii) protecting life or property;

• (b) if the employee reasonably believes that a road traffic accident has occurred, do anything the employee reasonably believes to be necessary for the purpose of—

• (i) rescuing people; or

• (ii) protecting them from serious harm;

• (c) if the employee reasonably believes that an emergency other than a fire or road traffic accident has occurred, do anything the employee reasonably believes to be necessary for the purpose of carrying out any function conferred on SFRS in relation to the emergency; and

• (d) do anything the employee reasonably believes to be necessary for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in paragraph (a), (b) or (c).

• (2) An authorised employee may in particular under subsection (1)—

• (a) enter premises or a place (by force if necessary);

• (b) move a vehicle without the consent of its owner;

• (c) force open and enter a lockfast vehicle;

• (d) close a road;

• (e) stop and regulate traffic;

• (f) restrict the access of persons to premises or a place.

Powers of constables in relation to fires

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• (1) A constable may—

• (a) if the constable reasonably believes that a fire has broken out, do anything the constable reasonably believes to be necessary for the purpose of—

• (i) extinguishing the fire; or

• (ii) protecting life or property; and

• (b) do anything the constable reasonably believes to be necessary for the purpose of preventing or limiting damage to property resulting from anything done as mentioned in paragraph (a).

• (2) A constable may in particular under subsection (1)—

• (a) enter (by force if necessary) premises or a place;

• (b) move a vehicle without the consent of its owner;

• (c) force open and enter a lockfast vehicle;

• (d) restrict the access of persons to premises or a place.

Obtaining information

Powers of authorised employees in relation to obtaining information

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• (1) Subject to subsection (2) an employee of SFRS who is authorised in writing by SFRS for the purposes of this section (an “authorised employee”) may at any reasonable time enter premises for the purpose of obtaining information needed for the carrying out of SFRS's functions under section 9, 10 or 11.

• (2) An authorised employee may not under subsection (1)—

• (a) enter premises by force; or

• (b) demand admission to premises occupied as a private dwelling unless 24 hours' notice in writing has first been given to the occupier of the dwelling.

• (3) If, on the application of an authorised employee, a sheriff or justice of the peace is satisfied—

• (a) that—

• (i) it is necessary for the employee to enter premises for the purposes of subsection (1); and

• (ii) the employee is unable to do so, or is likely to be unable to do so, otherwise than by force,