Fire (Scotland) Act 2005

• (11) In any proceedings for an offence under subsection (1) in respect of a failure to comply with the duty mentioned in paragraph (a)(i) of that subsection, the onus of showing that it was not reasonably practicable to do more than was done shall be on the accused.

• (12) In any proceedings for an offence under subsection (3) in respect of a failure to comply so far as is practicable with a requirement or, as the case may be, a prohibition, the onus of showing that it was not practicable to do more than was done shall be on the accused.

• (13) In any proceedings for an offence under subsection (3) in respect of a failure to comply so far as is reasonably practicable with a requirement or, as the case may be, a prohibition, the onus of showing that it was not reasonably practicable to do more than was done shall be on the accused.

Offences by bodies corporate and partnerships

73

• (1) Where an offence under this Part committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a relevant person, the relevant person as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a relevant person.

• (3) Where an offence under this Part committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

• (4) In this section, “relevant person”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Offence due to fault of other person

74

• (1) Where the commission by any person (“A”) of an offence under this Part is due to the act or default of some other person (“B”), B shall be guilty of the offence.

• (2) B may be charged with and convicted of an offence by virtue of subsection (1) whether or not proceedings are taken against A.

Employee’s act or omission not to afford employer defence

75

Nothing in this Part shall be construed as affording an employer a defence in any proceedings in pursuance of section 72 or 73 by reason only of any act or omission of––

• (a) an employee of the employer; or

• (b) a person of a description specified in regulations made by the Scottish Ministers on whom duties are imposed by virtue of section 58(1).

Chapter 5 — General

Service of documents

76

• (1) Any document required or authorised by virtue of this Part to be served on any person may be served—

• (a) by delivering it to the person or by leaving it at the person's proper address or by sending it by post to the person at that address;

• (b) if the person is a body corporate other than a limited liability partnership, by serving it in accordance with paragraph (a) on the secretary or clerk of the body;

• (c) if the person is a limited liability partnership, by serving it in accordance with paragraph (a) on a member of the partnership; or

• (d) if the person is a partnership, by serving it in accordance with paragraph (a) on a partner or a person having the control or management of the partnership business.

• (2) For the purposes of this section and paragraph 4 of Schedule 1 to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/1379) (service of documents by post) (“the Order”) in its application to this section, the proper address of any person on whom a document is to be served shall be the person's last known address, except that—

• (a) in the case of service on a body corporate (other than a limited liability partnership), its secretary or clerk, it shall be the address of the registered or principal office of the body;

• (b) in the case of service on a limited liability partnership or a member of the partnership, it shall be the address of the registered or principal office of the partnership;

• (c) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership.

• (3) For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outwith the United Kingdom or of a partnership carrying on business outwith the United Kingdom is its principal office within the United Kingdom.

• (4) Subsection (5) applies if a person who is to be served by virtue of this Part with any document by another has specified to that other an address within the United Kingdom other than the person's proper address (as determined under subsection (2)) as the one at which the person or someone on the person's behalf will accept documents of the same description as that document.

• (5) In relation to that document, that address shall be treated as the person's proper address for the purposes of this section and paragraph 4 of Schedule 1 to the Order in its application to this section, instead of that determined under subsection (2).

• (6) The Scottish Ministers may by regulations make provision for or in connection with specifying procedures which must, or may, be followed when serving documents required or authorised by virtue of this Part to be served on any person.

Crown application

77

• (1) Subject to subsection (1A), the provisions of this Part, and of regulations made under it, shall bind the Crown.

• (1A) Where the enforcing authority in relation to relevant premises is the fire service maintained by the Secretary of State for Defence–

• (a) sections 62 and 63 shall bind the Crown only in so far as they apply in relation to relevant premises owned by the Crown but not occupied by it; and

• (b) sections 64 to 67 and 72 to 75 shall not bind the Crown; and

• (c) subsection (2) shall not apply.

• (2) No contravention by the Crown of any provision of this Act or of any regulations made under it shall make the Crown criminally liable; but the Court of Session may, on the application of an enforcing authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) Notwithstanding subsection (2), the provisions of this Part and of regulations made under it shall apply to persons in the public service of the Crown as they apply to other persons.

• (4) Nothing in this Part authorises the entry of any relevant premises occupied by the Crown.

• (5) Nothing in this section affects Her Majesty in Her private capacity.

• (6) This Part shall apply in relation to relevant premises owned or occupied by the Parliamentary corporation as it applies in relation to relevant premises owned or occupied by the Crown.

Meaning of “relevant premises”

78

• (1) In this Part, “relevant premises” means any premises other than those mentioned in subsection (2).

• (2) Those premises are—

• (a) domestic premises;

• (b) ... ... mines and offshore installations;

• (ba) ships in respect of the normal ship-board activities of a ship's crew which are carried out solely by the crew under the direction of the master;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) borehole sites to which the Borehole Sites and Operations Regulations 1995 (S.I. 1995/2038) apply;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) if the undertaking carried on in premises is agriculture or forestry, any land other than buildings which is situated away from the undertaking's buildings.

• (3) For the purposes of subsection (1), “premises” includes in particular—

• (a) any place;

• (b) any installation on land;

• (ba) ships (other than as mentioned in subsection (2)(ba));

• (bb) premises occupied solely for the purposes of the armed forces of the Crown;

• (bc) premises occupied solely by any visiting force or an international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 (c. 5);

• (bd) premises which are situated within premises occupied solely for the purposes of the armed forces of the Crown but which are not themselves so occupied;

• (c) any tent or movable structure; and

• (d) vehicles other than those mentioned in subsection (6).

• (4) In paragraph (a) of subsection (2), “domestic premises” means premises occupied as a private dwelling (including a stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is used in common by the occupants of more than one such dwelling); but does not include premises such as are mentioned in subsection (5).

• (5) Those premises are—

• (a) a house or other premises which require to be licensed under Part 5 of the Housing (Scotland) Act 2006 (asp 1);

• (b) premises used for the provision of a care home service (as defined in paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010(asp 8));

• (c) premises used for the provision of a school care accommodation service (as defined in paragraph 3 of schedule 12 to the Public Services Reform (Scotland) Act 2010 except where the service is provided as mentioned in sub-paragraph (1)(c)(ii) of that paragraph;

• (d) premises used for the provision of an independent health care service (as defined in section 10F(1) (a) - (d) of the National Health Service (Scotland) Act 1978);

• (e) premises used for the provision of a secure accommodation service (as defined in paragraph 6 of schedule 12 to the Public Services Reform (Scotland) Act 2010);

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) premises which would fall within paragraph (a) but for there being in force in respect of them a management control order granted by virtue of section 74 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8);

• (h) premises used for the provision of a child minding service (as defined in paragraph 12 of schedule 12 to the Public Services Reform (Scotland) Act 2010).

• (5A) In subsection (2)(ba) “normal ship-board activities” includes the repair of a ship (other than repair carried out in dry dock).

• (6) The vehicles referred to in subsection (3)(d) are—

• (a) any aircraft, locomotive, rolling stock, trailer or semi-trailer used as a means of transport;

• (b) any vehicle for which a licence is in force under the Vehicle Excise and Registration Act 1994 (c. 22);

• (c) any vehicle which is exempt from duty under that Act.

• (7) References in this Part to relevant premises include references to a part of relevant premises.

• (8) The Scottish Ministers may by regulations modify subsections (1) to (6).

• (9) Where the Scottish Ministers exercise the power in subsection (8), they may by regulations make any modifications of this Part in its application, in consequence of the exercise of that power, to relevant premises specified in the regulations under that subsection that they consider necessary or expedient.

Interpretation of Part 3

79

• (1) In this Part, unless the context otherwise requires—

• “Chapter 1 duties” means—the duties imposed by sections 53, 54, 55 and 56; andany duties imposed by regulations made under section 57 or 58;

• “employee” has the meaning given by section 53(1) of the Health and Safety at Work etc. Act 1974 (c. 37); and related expressions shall be construed accordingly;

• “enforcement officer” means an enforcement officer appointed under section 61(3);

• “enforcing authority” has the meaning given by section 61(9);

• “fire safety measures” shall be construed in accordance with schedule 2;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “operational task” means—a function such as is mentioned in paragraph (a) or (b) of subsection (1) of section 9;a function such as is mentioned in paragraph (a) or (b) of subsection (1) of section 10; ora function such as is mentioned in an order under section 11(1);

• “public road” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984 (c. 54);

• “relevant person”, in relation to premises, means—any person who is, or may be, lawfully in the premises; orany person—who is, or may be, in the immediate vicinity of the premises; andwhose safety would be at risk in the event of fire in the premises;but does not include an employee of SFRS who is engaged in the performance of an operational task and, in its application to section 54, a person such as is mentioned in subsection (2);

• “ship” includes every description of vessel used in navigation and hovercraft within the meaning of the Hovercraft Act 1968 (c. 59) (and, in section 61(9)(za)(iii), includes a ship belonging to Her Majesty which forms part of Her Majesty's Navy);

• “work” and “at work” shall be construed in accordance with section 52 of the Health and Safety at Work etc. Act 1974 (c. 37);

• “workplace”, in relation to an employer and the employer's employees, means any relevant premises which are used for the purposes of an undertaking carried on by the employer and made available to an employee of the employer as a place of work; and includes—any part of those premises to which an employee of the employer has access while at work;any relevant premises (other than a public road)—which are a means of access to or egress from the place of work; orwhere facilities are provided for use in connection with the place of work.

• (2) The person is, where the person (“the employer”) subject to the requirement to carry out an assessment (or a review) under section 54 is also subject to the requirement to carry out an assessment (or a review) under section 53, any employee of the employer.

• (3) For the purposes of section 56 references in the definition of “relevant person” in subsection (1) to premises shall be construed as references to the workplace.

Part 4 — Miscellaneous

Inquiries

80

The Scottish Ministers may cause an inquiry to be held into—

• (a) the manner in which SFRS is carrying out any of its functions under this Act;

• (b) the circumstances of, or the steps taken to deal with—

• (i) a fire;

• (ii) a road traffic accident; or

• (iii) an emergency of another kind in relation to which SFRS has functions under this Act.

Inquiries: supplementary

81

• (1) The Scottish Ministers may by regulations make provision in connection with inquiries under this Act.

• (2) The reference in subsection (1) to inquiries does not include inquiries mentioned in section 43B.

• (3) Regulations under subsection (1) may in particular make provision for or in connection with—

• (a) the persons who may conduct an inquiry and their appointment to do so;

• (b) the giving of notice of an inquiry;

• (c) requiring persons to attend an inquiry—

• (i) to give evidence; or

• (ii) to produce documents;

• (d) the taking of evidence on oath;

• (e) the payment of expenses—

• (i) of witnesses; and

• (ii) of or concerning the production of documents;

• (f) the making of awards of expenses in respect of—

• (i) an inquiry; or

• (ii) arrangements made for an inquiry which does not take place;

• (g) what expenses may be included in such awards;

• (h) how expenses are to be calculated; and

• (i) recovery of expenses.

Consultation requirements

Pre-commencement consultation

82

Where—

• (a) consultation is required to take place under a provision of this Act; and

• (b) before the provision comes into force, consultation takes place which would have satisfied the requirements of the provision to any extent if it had been in force,

those requirements shall be taken to have been satisfied to that extent.

Advisory bodies

Payments in respect of advisory bodies

83

• (1) The Scottish Ministers may make any payments they consider appropriate in respect of the expenses of a body established for the purpose of advising them on any matter in relation to which provision is made by this Act.

• (2) The Scottish Ministers may make a payment under this section—

• (a) to any person; and

• (b) subject to any conditions,

they consider appropriate.

Abolition of Scottish Central Fire Brigades Advisory Council

84

The Scottish Central Fire Brigades Advisory Council is hereby abolished.

False alarms

False alarms

85

• (1) A person who knowingly gives or causes to be given to a person acting on behalf of SFRS a false alarm of—

• (a) fire;

• (b) a road traffic accident; or

• (c) an emergency of another kind,

shall be guilty of an offence.

• (2) A person guilty of an offence under subsection (1) shall be liable on summary conviction—

• (a) to a fine not exceeding level 5 on the standard scale;

• (b) to imprisonment for a term not exceeding 3 months; or

• (c) to both.

Disposal of land

Disposal of land

86

SFRS may sell or dispose of any land vested in it which is no longer required by it.

Part 5 — General

Ancillary provision

87

• (1) The Scottish Ministers may by order make such incidental, supplementary, consequential, transitory, transitional or saving provision as they consider appropriate for the purposes of, in consequence of or for giving full effect to this Act or any provision of it.

• (2) An order under subsection (1) may modify any enactment, instrument or document.

Orders and regulations

88

• (1) Any power conferred by this Act on the Scottish Ministers to make orders or regulations shall be exercisable by statutory instrument.

• (2) Any power conferred by this Act on the Scottish Ministers to make orders or regulations—

• (a) may be exercised so as to make different provision for different purposes; and

• (b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Scottish Ministers consider appropriate.

• (3) A statutory instrument containing an order or regulations made under this Act (other than an order under section 90) shall, subject to subsection (4), be subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (4) A statutory instrument containing—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) an order under section 87(1) modifying an enactment; or

• (c) regulations under section 60(2)(c), 61(10), 78(8) or (9) or 81,

shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Minor and consequential amendments and repeals

89

• (1) Schedule 3, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.

• (2) The enactments mentioned in the first column of schedule 4 (which include enactments that are spent) are repealed to the extent set out in the second column.

Commencement

90

This Act, other than this section and section 88, shall come into force on such day as the Scottish Ministers may by order appoint.

Short title

91

This Act may be cited as the Fire (Scotland) Act 2005.

SCHEDULE 1

Status

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General powers

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pensions

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

1

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

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

SCHEDULE 3

The Civil Defence Act 1948 (c. 5)

1

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

• (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)

2

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)

3

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

• (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)

4

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)

5

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)

6

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)

7

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

• (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)

8

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

• (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)

9

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

• (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)

10

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)

11

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)

12

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)

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

14

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)

15

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)

16

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)

17

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)

18

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)

19

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)

20

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)

21

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)

22

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)

23

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

• (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)

24

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)

25

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

Appointment of Chief Officer

Fire hydrants: recovery of costs

Duty to secure water supply

16A

• (1) Subsection (2) applies where 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.

Fire hydrants: offences

Duties of employers to employees

24A

• (1) In section 24(1) and (3), the reference to the giving of notice in writing shall include the giving of notice by means of a document, the text of which–

• (a) is received in legible form;

• (b) is capable of being used for subsequent reference; and

• (c) is sent by an electronic communication within the meaning of section 15(1) of the Electronic Communications Act 2000 (c. 7).

Crown application

Inquiries

Interpretation of Part 3

77A

The provisions of this Part, and of regulations made under it, shall apply in relation to a visiting force or an international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 (c. 5) to the same extent that they bind the Crown where the enforcing authority in relation to relevant premises is the fire service maintained by the Secretary of State for Defence.

Interpretation of Part 3

Orders and regulations

Status

General powers

Pensions

The Civil Defence Act 1948 (c. 5)

The Pipe-lines Act 1962 (c. 58)

The Gas Act 1965 (c. 36)

The Transport Act 1968 (c. 73)

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

The Control of Pollution Act 1974 (c. 40)

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

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

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

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

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

The Road Traffic Regulation Act 1984 (c. 27)

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

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

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

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

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

The Merchant Shipping Act 1995 (c. 21)

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

The Housing (Scotland) Act 2001 (asp 10)

The Scottish Public Services Ombudsman Act 2002 (asp 11)

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

The Local Government in Scotland Act 2003 (asp 1)

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

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

Editorial notes

[^c2112913]: S. 11 wholly in force at 2.8.2005; s. 11 not in force at Royal Assent see s. 90; s. 11 in force for certain purposes at 6.4.2005 by S.S.I. 2005/207, art. 3; s. 11 in force at 2.8.2005 in so far as not already in force by S.S.I. 2005/392, art. 2(b)

[^c2112910]: 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)

[^c2112956]: 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)

[^c2112911]: 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)

[^c2113122]: S. 24A inserted (23.6.2006) by The Electronic Communications (Scotland) Order 2006 (S.S.I. 2006/367), arts. 1(1) {8}

[^c2113148]: Word in s. 39(4) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(5)(a), 84 (with s. 44(6)); S.S.I. 2007/479, art. 3, Sch.

[^c2113150]: Words in s. 39(4) added (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(5)(b), 84 (with s. 44(6)); S.S.I. 2007/479, art. 3, Sch.

[^c2112895]: 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)

[^c2112915]: S. 57 wholly in force at 1.10.2006; s. 57 not in force at Royal Assent see s. 90; s. 57 in force for certain purposes at 6.4.2005 by S.S.I. 2005/207, art. 3; s. 57 in force at 1.10.2006 in so far as not already in force by S.S.I. 2006/458, art. 2(c)

[^c2112916]: S. 58 wholly in force at 1.10.2006; s. 58 not in force at Royal Assent see s. 90; s. 58 in force for certain purposes at 6.4.2005 by S.S.I. 2005/207, art. 3; s. 58 in force at 1.10.2006 in so far as not already in force by S.S.I. 2006/458, art. 2(c)

[^c2113144]: S. 60(1) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(i)

[^c2113145]: S. 60(3) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(i)

[^c2113146]: S. 61(1) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(ii)

[^c2113158]: Words in s. 61(7) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 22, Sch. 3 (with art. 21)

[^c2112902]: S. 61(9)(za)(zb) inserted (22.7.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(4)(a)

[^c2113138]: S. 61(9)(zb) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(a)(i)

[^c2113139]: S. 61(9)(b) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(a)(i)(b)(ii)

[^c2113141]: S. 62 modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(a)(ii)

[^c2113129]: S. 62(2)(c) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(iii)

[^c2113130]: S. 62(4)(a) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(iii)

[^c2113131]: S. 62(6) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(iii)

[^c2113132]: S. 62(7) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(iii)

[^c2113128]: S. 64 modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(a)(iii)

[^c2113133]: S. 64(1) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(iv)

[^c2113134]: S. 64(2)(a) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(iv)

[^c2113135]: S. 64(3)(b) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(iv)

[^c2113136]: S. 64(10) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(iv)

[^c2113147]: S. 72(3)(a) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(c)

[^c2112922]: Words in s. 72(5) inserted (22.7.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(5)(a)

[^c2112926]: S. 72(5A) inserted (22.7.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(5)(b)

[^c2113142]: S. 77 modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(a)(iv)

[^c2112934]: Words in s. 77(1) inserted (22.7.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(6)(a)

[^c2112936]: S. 77(1A) inserted (22.7.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(6)(b)

[^c2113143]: S. 77A modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(a)(v)

[^c2112897]: S. 78 wholly in force at 1.10.2006; s. 78 not in force at Royal Assent see s. 90; s. 78 in force for certain purposes at 6.4.2005 by S.S.I. 2005/207, art. 3; s. 78 in force at 1.10.2006 in so far as not already in force by S.S.I. 2006/458, art. 2(e)

[^c2112898]: Words in s. 78(2)(b) omitted (15.6.2005) by virtue of The Fire (Scotland) Act 2005 (Relevant Premises) Regulations 2005 (S.S.I. 2005/352), reg. 2(a)

[^c2112942]: Words in s. 78(2)(b) omitted (22.7.2005) by virtue of The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(8)(a)(i)

[^c2112944]: S. 78(2)(ba) inserted (22.7.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(8)(a)(ii)

[^c2112900]: S. 78(2)(c) omitted (15.6.2005) by virtue of The Fire (Scotland) Act 2005 (Relevant Premises) Regulations 2005 (S.S.I. 2005/352), reg. 2(b)

[^c2112946]: S. 78(2)(e)-(g) omitted (22.7.2005) by virtue of The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(8)(a)(iii)

[^c2112950]: S. 78(3)(ba)-(bd) inserted (22.7.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(8)(b)

[^c2113162]: Words in s. 78(5)(a) substituted (31.8.2011) by Housing (Scotland) Act 2006 (asp 1), ss. 192(1), 195, Sch. 6 para. 23 (with s. 193); S.S.I. 2010/159, art. 3 (with art. 6)

[^c2113160]: Words in s. 78(5)(b) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 2, Sch. 1 para. 15

[^c2113164]: S. 78(5)(f) repealed (31.8.2011) by Housing (Scotland) Act 2006 (asp 1), ss. 192(2), 195, Sch. 7 (with s. 193); S.S.I. 2010/159, art. 3

[^c2112952]: S. 78(5A) inserted (22.7.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(8)(c)

[^c2112954]: S. 79(1): definition inserted (22.7.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(9)

[^c2112938]: S. 77A inserted (22.7.2005 in accordance with art. 1(2)(e) of the amending S.I.) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), art. 2(7) and said inserted provision expressed to be commenced on 1.10.2006 by S.S.I. 2006/458, art. 2(d) (subject to art. 3)

[^c2112894]: S. 90 power partly exercised: 6.4.2005 appointed for specified provisions by {S. I. 2005/207}, art. 3; 2.8.2005 for specified provisions by {S.S.I. 2005/392}, art. 2; 1.10.2006 for specified provisions by {S.S.I. 2006/458}, art. 2

[^key-e3c0d27a1b66c51158d5aae058b29f55]: Words in s. 78(5)(c) substituted (26.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) (No. 2) Order 2011 (S.S.I. 2011/369), arts. 1, 2(a)

[^key-fa28a2b008c558ac4999e3abcfd42670]: Words in s. 78(5)(d) substituted (26.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) (No. 2) Order 2011 (S.S.I. 2011/369), arts. 1, 2(b)

[^key-511a7012d6256cb0e5f56a275b1e9e7f]: Words in s. 78(5)(e) substituted (26.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) (No. 2) Order 2011 (S.S.I. 2011/369), arts. 1, 2(c)

[^key-c16bf8e6db9b0c02fe6291b752646d33]: Sch. 1A inserted (8.8.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 101(2), 129(1)(b) (with s. 122(4))

[^key-84bdea8e9f6f90a8945cc582f8b88e6d]: Ss. 39A-39C and cross-heading inserted (8.8.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 113, 129(1)(b)

[^key-a20f793e09e5b2b49bf346d7af0427b7]: S. 41M inserted (8.8.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 117, 129(1)(b)

[^key-8a2476ced03c5a047d6567de2f459580]: S. 42A and cross-heading inserted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 118, 129(2); S.S.I. 2012/253, art. 2, Sch.

[^key-49e8145d4ae891ea1f35e09300adb130]: 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))

[^key-6500873cbc6e0a01555f5175f4a1c454]: 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))

[^key-2e6d303782c8d609749db2c323761b23]: 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))

[^key-9b3eb10fc2e7583408ccef9211e2a2cc]: 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))

[^key-ccd8c7a6ea190ad3fd5edbdcfc6149c9]: S. 41(1) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(a); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

[^key-96b831b7672b46571108893170e47e5b]: Word in s. 41(2) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(b)(i); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

[^key-02db56b9cc672f2647199e2be8e953bd]: Words in s. 41(2) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(b)(ii); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

[^key-8659f809085401cb0ee039235d30ae60]: Words in s. 41(4) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(c); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

[^key-b020d3cad5ce2da0fb3df24a2c57543e]: Word in s. 41(5)(b) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(d)(i); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

[^key-788499d37d0cbeca564803fd51d86112]: Words in s. 41(5)(c) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(d)(ii); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

[^key-b1adea04d4b3c8f208709907440925e6]: Word in s. 41(6) substituted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(16)(e); S.S.I. 2012/253, art. 2, Sch. (with arts. 7 8(1) (3))

[^key-cfefde6bf87501663789dda775c9e3ee]: Words in s. 78(5)(a) substituted (29.11.2012) by The Fire (Scotland) Act 2005 (Relevant Premises) Regulations2012 (S.S.I. 2012/332), regs. 1, 2(a)

[^key-24966d260e7531e48a7052f7df275469]: S. 78(5)(h) inserted (29.11.2012) by The Fire (Scotland) Act 2005 (Relevant Premises) Regulations2012 (S.S.I. 2012/332), regs. 1, 2(b)

[^key-a92c67a1939416c7249299af17a15903]: S. 1A inserted (8.8.2012 for the purpose of inserting s. 1A(1)(3), 1.4.2013 in so far as not already in force) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 101(1), 129(1)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-ee29917253806511611b5548facfd5b2]: S. 25 applied (with modifications) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 21(2)

[^key-46e142cd441ac5fa7b4764421695fa6a]: S. 25 applied (with modifications) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 22(2)

[^key-a63a5768957df00496c05422e70a0fa6]: S. 27 applied (with modifications) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 21(3)

[^key-1d7f209e86817fd3c81274c38fc6ec45]: S. 27 applied (with modifications) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 22(3)

[^key-bd53b8e5665f04e9159756d40b22730f]: S. 29 applied (with modifications) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 21(4)

[^key-3ba1c0f291c10dc7760e932e808384c0]: S. 29 applied (with modifications) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 22(4)

[^key-2f282d1a187390744c7f87d60a6eed7d]: Pt. 2 Ch. 8A heading and ss. 41A-41C inserted (1.10.2012 for the purpose of inserting s. 41A, 1.4.2013 so far as not already in force) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 114, 129(2); S.S.I. 2012/253, art. 2, Sch. (with art. 8(1)(2)); S.I. 2013/51, art. 2

[^key-2723f76425f84dbc2925ae76ee6f1202]: Pt. 2 Ch. 8B inserted (1.1.2013 for specified purposes, 1.4.2013 so far as not already in force) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 119, 129(2); S.S.I. 2012/333, art. 2, Sch. (with Sch. 2 paras. 2(11) 3); S.I. 2013/51, art. 2

[^key-1feccfa7f173a16737867f4effec6813]: Pt. 1 heading substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-e29ec8abc4c3f2e00109f9cbae5d2bc8]: Pt. 2 Ch. 8C heading substituted for cross-heading preceding s. 45 (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(17); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-e2efebaf01080369d428a1e270298533]: Ss. 2-7 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)