Police and Fire Reform (Scotland) Act 2012

(46A) (1) For the purposes of the law of defamation— (a) any statement made by the Commissioner or any of the Commissioner's staff— (i) in carrying out a complaint handling review or in carrying out an investigation in pursuance of paragraph (b), (c) or (d) of section 33A; (ii) in communicating with any person for the purposes of such a review or investigation; (iii) in a report on such a review or investigation; or (iv) in a report made under section 43, has absolute privilege; (b) any statement made to the Commissioner or any of the Commissioner's staff in relation to an investigation carried out in pursuance of paragraph (b), (c) or (d) of section 33A has absolute privilege; and (c) any statement made to the Commissioner or any of the Commissioner's staff in relation to a relevant complaint or a complaint handling review is privileged unless the statement is shown to have been made with malice. (2) In subsection (1), “statement” has the same meaning as in the Defamation Act 1996 (c.31).

.

CHAPTER 11 — Her Majesty's inspectors of constabulary in Scotland

Her Majesty’s inspectors of constabulary in Scotland

71

• (1) There are to continue to be inspectors of constabulary in Scotland.

• (2) Her Majesty may by Order in Council appoint such number of inspectors of constabulary as the Scottish Ministers may determine.

• (3) The Scottish Ministers may designate one of those inspectors as the chief inspector of constabulary.

• (4) An inspector of constabulary is to hold and vacate office at Her Majesty's pleasure.

• (5) An inspector of constabulary is otherwise—

• (a) to be paid such remuneration or allowances as the Scottish Ministers may determine, and

• (b) to hold office in accordance with such other terms and conditions as may be so determined.

Assistant inspectors of constabulary

72

• (1) The Scottish Ministers may—

• (a) appoint assistant inspectors of constabulary on such terms and conditions as they may determine, or

• (b) make arrangements for constables to serve as assistant inspectors of constabulary.

• (2) A constable engaged on service as an assistant inspector of constabulary is under the direction and control of the inspectors of constabulary.

• (3) The Scottish Ministers are liable in respect of any unlawful conduct on the part of any constable engaged on service as an assistant inspector of constabulary in the carrying out (or purported carrying out) of that constable's functions in the same manner as an employer is liable in respect of any unlawful conduct on the part of an employee in the course of employment.

Staff officers

73

• (1) The inspectors of constabulary may—

• (a) appoint staff officers, on such terms and conditions as they may determine, for the purpose of assisting them in the carrying out of their functions, or

• (b) make arrangements for constables to serve as staff officers for that purpose.

• (2) A constable engaged on service as a staff officer is under the direction and control of the inspectors of constabulary.

• (3) The inspectors of constabulary are liable in respect of any unlawful conduct on the part of any constable engaged on service as a staff officer in the carrying out (or purported carrying out) of that constable's functions in the same manner as an employer is liable in respect of any unlawful conduct on the part of an employee in the course of employment.

Functions of inspectors

74

• (1) The Scottish Ministers may direct the inspectors of constabularyto make inquiries about any matter relating to the Authority or the Police Service as they consider appropriate.

• (2) The inspectors of constabulary may make such other inquiries as they think fit about—

• (a) the state, efficiency and effectiveness of the Authority and the Police Service, and

• (b) the arrangements made by the Authority and the chief constable under section 37(1) and (2).

HMICS plan

75

• (1) The inspectors of constabulary must prepare a plan setting out—

• (a) priorities for inquiries to be carried out by them, and

• (b) information on how inquiries will be carried out in a way which is proportionate, accountable and transparent.

• (2) The inspectors of constabulary—

• (a) must keep the plan under review, and

• (b) may from time to time revise the plan.

• (3) The inspectors of constabulary must, in preparing a plan (and any revised plan), consult such persons as they consider appropriate.

• (4) The inspectors of constabulary must publish the plan (and any revised plan) in such manner as they consider appropriate (having regard to the desirability of it being accessible to those whom the inspectors of constabulary consider likely to have an interest in it).

HMICS powers

76

• (1) The inspectors of constabulary have power to do anything which they consider necessary or expedient for the purposes of, or in connection with, the carrying out of their functions.

• (2) The inspectors of constabulary may authorise any assistant inspector of constabulary, or any of their staff officers, to carry out on behalf of the inspectors of constabulary such of their functions as they may determine to the extent so authorised.

• (3) Subsection (2) does not affect the inspectors of constabulary's—

• (a) responsibility for carrying out delegated functions, or

• (b) ability to carry out delegated functions.

Duty to assist and co-operate with HMICS

77

The Authority and the chief constable must provide the inspectors of constabulary with such assistance and co-operation as they may require for the purposes of, or in connection with, the carrying out of their functions (and must, in particular, comply with any reasonable request made by the inspectors of constabulary in that regard).

HMICS reports: inquiries directed by Scottish Ministers

78

• (1) The inspectors of constabulary must give the Scottish Ministers—

• (a) a report of any inquirycarried out in pursuance of section 74(1) and any other information in relation to the report that the inspectors of constabulary think fit, and

• (b) any other information relating to the inquiry that the Scottish Ministers may request.

• (2) As soon as is reasonably practicable after giving the report to the Scottish Ministers, the inspectors of constabulary must—

• (a) give a copy of the report to the Authority and, where the report relates to the Police Service, to the chief constable, and

• (b) publish the report in such manner as they consider appropriate (having regard to the desirability of it being accessible to those whom the inspectors of constabulary consider likely to have an interest in it).

• (3) The Scottish Ministers must lay before the Scottish Parliament a copy of a report given to them under this section.

HMICS reports: other inquiries

79

• (1) The inspectors of constabulary must, on completing an inquiry under section 74(2), give a report of the inquiry to the Authority and, where the report relates to the Police Service, to the chief constable.

• (2) The inspectors of constabulary must—

• (a) as soon as is reasonably practicable after giving the report under subsection (1)—

• (i) give to the Scottish Ministers a copy of the report and any other information in relation to the report that the inspectors of constabulary think fit, and

• (ii) publish the report in such manner as they consider appropriate (having regard to the desirability of it being accessible to those whom the inspectors of constabulary consider likely to have an interest in it), and

• (b) give the Scottish Ministers any other information relating to the inquiry that the Scottish Ministers may request.

• (3) The inspectors of constabulary must lay before the Scottish Parliament a copy of a report given by them under this section.

Inquiry reports: consideration and action

80

In carrying out their respective functions, the Authority and the chief constable must have regard to a report given by the inspectors of constabulary under section 78 or 79 and, having done so, must take such measures (if any) as they think fit in relation to the report.

Power to give directions after adverse HMICS report

81

• (1) This subsection applies where a report given by the inspectors of constabulary under section 78 or 79states that the inspectors of constabulary are of the opinion—

• (a) that the Authority or Police Service—

• (i) is not efficient or effective, or

• (ii) will, unless remedial measures are taken, cease to be efficient or effective, or

• (b) that best value for the Authority or the Police Service—

• (i) has not been secured in pursuance of subsection (1) or, as the case may be, (2) of section 37, or

• (ii) will not, unless remedial measures are taken, be so secured.

• (2) Where subsection (1) applies, the Scottish Ministers may direct the Authority to take such measures as may be specified in the direction.

• (3) The Authority must comply with any direction given under this section.

HMICS annual report

82

• (1) As soon as is practicable after the end of each yearly period ending on 31 March, the inspectors of constabulary must prepare an annual report on the carrying out of their functions during that period.

• (2) The inspectors of constabulary must—

• (a) give a copy of each of their annual reports to the Scottish Ministers, the Authority and the chief constable, and

• (b) publish each of their annual reports in such manner as they consider appropriate (having regard to the desirability of it being accessible to those whom the inspectors of constabulary consider likely to have an interest in it).

• (3) The Scottish Ministers must lay before the Scottish Parliament a copy of each annual report given to them under this section.

CHAPTER 12 — Co-operation, exchange of information etc.

Co-operation between Scottish Police Authority and Police Service

83

• (1) The Authority and the chief constable may make arrangements under which—

• (a) the Authority is to provide assistance to the Police Service, or

• (b) the Police Service is to provide assistance to the Authority.

• (2) Such assistance may involve—

• (a) members of the Authority's staff providing services for the Police Service, or

• (b) constables or police staff providing services for the Authority.

Police information

84

• (1) The Authority must provide the Scottish Ministers with such reports, statistics or other information relating to the Authority or the Police Service as they may reasonably require.

• (2) Such information may, in particular, relate to—

• (a) the Authority or its functions,

• (b) the Police Service or police functions,

• (c) the state of crime.

• (3) The chief constable must provide the Authority with such reports, statistics or other information relating to the Police Service, police functions or the state of crime as it may reasonably require.

• (4) The chief constable may refer a requirement made under subsection (3) to the Scottish Ministers if the chief constable considers that complying with the requirement would or might prejudice—

• (a) the carrying out of any operation by the Police Service, or

• (b) the prosecution of offenders.

• (5) A requirement referred under subsection (4) has effect only if it is confirmed by the Scottish Ministers.

• (6) The chief constable must provide the Lord Justice General or a sheriff principal with such reports relating to policing as may be reasonably required.

• (7) A requirement by the sheriff principal may relate only to the policing of places in which the sheriff principal has jurisdiction.

• (8) The chief constable must seek to ensure that sufficient information about the state of crime is kept to enable the compliance with any requirement made under this section for the provision of information in that regard.

• (9) The clerk of any court having criminal jurisdiction must comply with any requirement made by the chief constable to provide any information available to the clerk which the chief constable may require for the purposes of subsection (8).

• (10) Nothing in this section requires anyone to provide any report, statistic or other information before the earliest time at which it is reasonable for that person to do so.

Scrutiny and investigations: co-operation and information sharing

85

• (1) The inspectors of constabulary, the Auditor General and the Police Investigations and Review Commissioner must—

• (a) co-operate and co-ordinate activity with each other with a view to improving the carrying out of their respective functions in relation to the Authority and the Police Service, and

• (b) in particular, must together make arrangements with a view to—

• (i) securing the exchange of information between them about the Authority and the Police Service, and

• (ii) preventing any unnecessary duplication in relation to any inspections, investigations, inquiries or examinations carried out, or to be carried out, by them in relation to the Authority or the Police Service.

• (2) The duty in subsection (1) does not apply in so far as compliance with it would prevent or delay any of the persons to whom it applies in taking any action which the person considers to be necessary as a matter of urgency.

• (3) In complying with the duty in subsection (1), the inspectors of constabulary and the Police Investigations and Review Commissioner must—

• (a) comply with any direction (general or specific) given by the Scottish Ministers, and

• (b) have regard to any guidance given by the Scottish Ministers.

• (4) A direction or guidance may relate to all the functions of the inspectors of constabulary and the Police Investigations and Review Commissioner or to such of those functions (or to such functions of any or all of them) as are specified in the direction or guidance.

• (5) The Scottish Ministers may vary or revoke any direction or guidance.

CHAPTER 13 — Provision of goods and services

Provision of police services

86

• (1) The Authority may authorise the chief constable to make arrangements, at the request of any person, to provide and charge for police services.

• (2) An authorisation under subsection (1) may be of a general or specific nature and may, in particular, set out a scale by reference to which charges for police services are to be made.

• (3) Any such charges may include amounts calculated by reference to expenditure which is incurred, or expected to be incurred, otherwise than directly in connection with the provision of the police services concerned.

• (4) The Authority, when making such an authorisation, must comply with any code about charging for police services issued by the Scottish Ministers.

• (5) Any such code—

• (a) may be of a general or specific nature,

• (b) may be varied or revoked at any time.

• (6) The chief constable must ensure that all sums received by way of charges for police services are paid to the Authority.

• (7) Nothing in this section permits the making of any charge for police services which exceeds the cost of providing those services.

• (8) Except in so far as authorised or required by any other enactment or rule of law, the chief constable may not make charges in respect of the carrying out of police functions otherwise than in accordance with an authorisation under subsection (1).

• (9) In this Part, “police services” means services in connection with the maintenance of order, or the protection of persons or property from harm, which are provided on or in relation to land owned or occupied by the person who requests those services.

Provision of other goods and services

87

• (1) The Authority may—

• (a) provide goods and services to any other public body or office-holder,

• (b) provide goods and services of such type as the Scottish Ministers may by order specify to such other persons, or types of person, as may be so specified.

• (2) Goods and services may be provided in pursuance of subsection (1) for such purposes as the Authority considers to be appropriate and consistent with the proper carrying out of its functions.

• (3) The Authority may, with the consent of the chief constable, make arrangements for the Police Service—

• (a) to provide goods and services (other than police services) to any other public body or office-holder,

• (b) to provide goods and services (other than police services) of such type as the Scottish Ministers may by order specify to such other persons, or types of person, as may be so specified.

• (4) Goods and services may be provided in pursuance of subsection (3) for such purposes as the Authority considers to be appropriate and consistent with the proper carrying out of police functions.

• (5) The Authority may make charges in respect of any goods or services provided by it, or by the Police Service, in pursuance of subsection (1) or (3).

• (6) Any such charges may include amounts calculated by reference to expenditure which is incurred, or expected to be incurred, otherwise than directly in connection with the provision of the goods or services concerned.

• (7) Nothing in this section permits the Authority to make any charge for forensic services it is required to provide in pursuance of section 31.

• (8) Goods and services which may be provided in pursuance of subsection (1) or (3) (or which may be specified in an order made under those subsections) include—

• (a) information technology systems and equipment (and services involving the development, provision, procurement, maintenance, management, support or oversight of such systems or equipment),

• (b) services involving the inspection, testing, maintenance or repair of vehicles,

• (c) any other type of corporate or support service which is provided by the Authority or the Police Service in connection with the carrying out of the Authority's functions or, as the case may be, police functions.

CHAPTER 14 — Grants

Police grants

88

• (1) The Scottish Ministers may make grants to the Authority of such amounts as they determine.

• (2) A grant is made subject to any conditions specified by the Scottish Ministers (including conditions about repayment).

Grants to other persons

89

• (1) The Scottish Ministers may make grants of such amounts as they determine, or provide such other financial assistance as they think appropriate, to such persons as they think fit for the purposes of providing services to, or otherwise assisting or supporting, the Authority or the Police Service in the carrying out of the Authority's functions or, as the case may be, police functions.

• (2) Grants may be made or financial assistance provided under this section only where the Scottish Ministers consider it is necessary or expedient to do so for promoting the efficiency or effectiveness of, or securing best value for, the Authority or the Police Service.

• (3) A grant is made subject to any conditions specified by the Scottish Ministers (including conditions about repayment).

• (4) Any financial assistance provided is subject to any conditions specified by the Scottish Ministers.

CHAPTER 15 — Offences

Assaulting or impeding police

90

• (1) It is an offence for a person to assault—

• (a) a person (“A”) acting in a capacity mentioned in subsection (3), or

• (b) a person assisting A while A is acting in such capacity.

• (2) It is an offence for a person to resist, obstruct or hinder—

• (a) a person (“A”) acting in a capacity mentioned in subsection (3), or

• (b) a person assisting A while A is acting in such capacity.

• (3) The capacities are—

• (a) that of a constable,

• (b) that of a member of police staff,

• (c) that of a member of a relevant police force when such member is executing a warrant or is otherwise acting in Scotland by virtue of any enactment conferring powers on the member in Scotland,

• (d) that of a person who—

• (i) is a member of an international joint investigation team that is led by a person acting in a capacity mentioned in paragraph (a) or (c), and

• (ii) is carrying out functions as a member of that team.

• (4) A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.

• (5) A complaint may include a charge that is framed so as to comprise (in a combined form) the specification of both an offence under subsection (1) and an offence under subsection (2).

• (6) Where a charge in a complaint is so framed the charge is to be regarded as being a single yet cumulative charge.

• (7) In this section and section 91, a reference to a member of a relevant police force is a reference to a member of—

• (a) a police force maintained under section 2 of the Police Act 1996 (c.16),

• (b) the metropolitan police force,

• (c) the City of London police force, or

• (d) the Police Service of Northern Ireland.

Escape from custody

91

• (1) It is an offence for a person—

• (a) to remove a person from custody, or

• (b) to assist the escape of a person in custody.

• (2) The reference in subsection (1) to a person in custody is to be construed as a reference to a person—

• (a) who is in the lawful custody of a person (“A”) acting in a capacity mentioned in subsection (3) or a person assisting A while A is acting in such capacity, or

• (b) who is in the act of eluding or escaping from such custody, whether or not the person has actually been arrested.

• (3) The capacities are—

• (a) that of a constable,

• (b) that of a police custody and security officer,

• (c) that of a member of a relevant police force when such member is executing a warrant or is otherwise acting in Scotland by virtue of any enactment conferring powers on the member in Scotland,

• (d) that of a person who—

• (i) is a member of an international joint investigation team that is led by a person acting in a capacity mentioned in paragraph (a) or (c), and

• (ii) is carrying out functions as a member of that team.

• (4) A person who is guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.

Impersonation etc.

92

• (1) It is an offence for a person (not being a constable)—

• (a) to impersonate a constable with an intent to deceive, or

• (b) to do anything calculated to suggest that the person is a constable.

• (2) It is an offence for a person (other than a constable) to possess any article of police uniform without the permission of the Authority.

• (3) It is a defence for a person charged under subsection(2) to prove that the article—

• (a) was obtained lawfully, and

• (b) is in the person's possession for a lawful purpose.

• (4) It is an offence for a person (other than a constable) to wear, without the prior permission of the Authority, any article of police uniform in circumstances where it gives an appearance so nearly resembling that of a constable as to be calculated to deceive.

• (5) A person who is guilty of an offence under this section is liable on summary conviction to imprisonment for a period not exceeding 3 months or a fine not exceeding level 4 on the standard scale.

• (6) In this section an “article of police uniform” means—

• (a) any article of uniform or any distinctive badge or mark usually issued to constables, or

• (b) any article having the appearance of such article, badge or mark.

CHAPTER 16 — Independent custody visiting

Purpose of custody visiting

93

The provisions in this Chapter are in pursuance of the objective of OPCAT, that is, the objective of establishing a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.

Independent custody visiting

94

• (1) The Authority must make arrangements to ensure that independent custody visitors may—

• (a) visit detainees,

• (b) access information relevant to the treatment of detainees and the conditions in which they are detained, and

• (c) monitor the treatment of detainees and the conditions in which they are detained.

• (2) The arrangements must—

• (a) provide for the appointment as independent custody visitors of suitable persons who are independent of both the Authority and the Police Service,

• (b) authorise independent custody visitors to do anything which the Authority considers necessary to enable them to visit detainees and monitor the treatment of detainees and the conditions in which they are detained, and

• (c) provide for reporting on each visit.

• (3) The arrangements may, in particular, authorise independent custody visitors to—

• (a) access, without prior notice, any place in which a detainee is held,

• (b) examine records relating to the detention of persons there,

• (c) meet any detainees there (in private) to discuss their treatment while detained and the conditions in which they are detained,

• (d) inspect the conditions in which persons are detained there (including cell accommodation, washing and toilet facilities and facilities for the provision of food), and

• (e) meet such other persons that the visitors think may have information relevant to the treatment of detainees and the conditions in which they are detained.

• (4) The arrangements may allow access to a detainee to be refused only where—

• (a) the Scottish Ministers have determined grounds on which access to detainees (or to a category of detainee) can be so refused,

• (b) it appears to a constable of the rank of inspector (or above) that such a ground is satisfied in relation to the detainee, and

• (c) any other procedural requirements the Authority considers necessary have been met.

• (5) The Authority must—

• (a) keep the arrangements under review and revise them as it thinks fit,

• (b) prepare and publish such reports on independent custody visiting as the Scottish Ministers may reasonably require.

• (6) The Authority and members of its staff, the Police Service and police staff and independent custody visitors must have regard to any guidance issued by the Scottish Ministers about independent custody visiting.

• (7) Before issuing guidance, or making a determination for the purposes of subsection (4)(a), the Scottish Ministers must consult—

• (a) the Authority,

• (b) the chief constable,

• (c) independent custody visitors or such persons as appear to them to be representative of independent custody visitors, and

• (d) such other persons as they consider appropriate.

• (8) The Scottish Ministers must lay a copy of guidance issued or any determination made before the Scottish Parliament.

SPT visits

95

• (1) The Authority must make arrangements to ensure that members of the SPT may—

• (a) visit detainees,

• (b) access information relevant to the treatment of detainees and the conditions in which they are detained, and

• (c) monitor the treatment of detainees and the conditions in which they are detained.

• (2) The arrangements must authorise members of the SPT to do anything which the Authority considers necessary to enable them to visit detainees and monitor the treatment of detainees and the conditions in which they are detained.

• (3) The arrangements may, in particular, authorise members of the SPT to—

• (a) access, without prior notice, any place in which a detainee is held (accompanied by such experts as the SPT members think fit),

• (b) examine records relating to the detention of persons there,

• (c) meet any detainees there (in private) to discuss their treatment while detained and the conditions in which they are detained,

• (d) inspect the conditions in which persons are detained there (including cell accommodation, washing and toilet facilities and facilities for the provision of food), and

• (e) meet such other persons as the SPT members think may have information relevant to the treatment of detainees and the conditions in which they are detained.

• (4) The arrangements may allow access to a detainee to be refused only—

• (a) where there areurgent and compelling grounds of public safety, natural disaster or serious disorder in the place to be visited that temporarily prevent the carrying out of such a visit, and

• (b) the Scottish Ministers have notified the Authority that such grounds exist and that access should accordingly be refused.

• (5) The Authority must keep the arrangements under review and revise them as it thinks fit.

• (6) The Authority and members of its staff and the Police Service and police staff must have regard to any guidance issued by the Scottish Ministers about SPT visits.

Interpretation of Chapter 16

96

• (1) For the purposes of this Chapter, a reference to a detainee is a reference to a person in the lawful custody of a person (“A”) acting in a capacity mentioned in subsection (2) or a person assisting A while A is acting in such a capacity.

• (2) The capacities are—

• (a) that of a constable,

• (b) that of a police custody and security officer,

• (c) that of a member of a relevant police force when such member is executing a warrant or is otherwise acting in Scotland by virtue of any enactment conferring powers on the member in Scotland,

• (d) that of a person who—

• (i) is a member of an international joint investigation team that is led by a person acting in a capacity mentioned in paragraph (a) or (c), and

• (ii) is carrying out functions as a member of that team.

• (3) For the purpose of subsection (2) a reference to a member of a relevant police force is a reference to a member of—

• (a) a police force maintained under section 2 of the Police Act 1996 (c.16),

• (b) the metropolitan police force,

• (c) the City of London police force, or

• (d) the Police Service of Northern Ireland.

• (4) In this Chapter—

• “SPT” means the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment established under Article 2 of OPCAT, and

• “OPCAT” means the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted on 18 December 2002 at the fifty-seventh session of the General Assembly of the United Nations by resolution A/RES/57/199.

CHAPTER 17 — Miscellaneous and general

Dissolution of the Police Advisory Board for Scotland

97

• (1) The Police Advisory Board for Scotland is dissolved.

• (2) In section 63 of the Police Act 1996 (c.16) (Police Advisory Boards for England and Wales and for Scotland)—

• (a) in subsection (1)—

• (i) repeal “and a Police Advisory Board for Scotland”, and

• (ii) repeal “in those countries respectively”,

• (b) repeal subsection (1ZA), and

• (c) in subsection (2), for “each of the Police Advisory Boards” substitute “ the Police Advisory Board for England and Wales ”.

Transitional and transitory provision

98

• (1) A person mentioned in subsection (3) must provide the Authority with such information and assistance as the Authority may reasonably require.

• (2) A person mentioned in subsection (3) must provide the chief constable with such information and assistance as the chief constable may reasonably require.

• (3) Those persons are—

• (a) a police authority within the meaning of the Police (Scotland) Act 1967 (c.77) (“the 1967 Act”),

• (b) a joint police board constituted by an amalgamation scheme made under the 1967 Act,

• (c) a chief constable of a police force maintained under the 1967 Act,

• (d) the Scottish Police Services Authority.

• (4) Schedule 4 makes provision about the period before the Police Service is established.

• (5) Schedule 5 contains provision about the transfer of constables, inspectors of constabulary, police cadets, staff, property, rights, liabilities and obligations.

Interpretation of Part 1

99

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

• “the 2006 Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10),

• “annual police plan” has the meaning given by section 35,

• “appropriate prosecutor” means the Lord Advocate or procurator fiscal,

• “assistant chief constable” means a constable appointed to the office of assistant chief constable under section 7(1)(c),

• “Auditor General” means the Auditor General for Scotland,

• “Authority” means the Scottish Police Authority,

• “chief constable” means the constable appointed to the office of chief constable under section 7(1)(a), “constable” means an individual holding the office of constable who is serving as a constable of the Police Service and includes—the chief constable,other senior officers,any special constable,any constable on temporary service outwith the Police Service,andany individual engaged on temporary service as a constable of the Police Service under arrangements made under section 16,

• “deputy chief constable” means a constable appointed to the office of deputy chief constable under section 7(1)(b),

• “the First-tier Tribunal” means the First-tier Tribunal for Scotland established by section 1 of the Tribunals (Scotland) Act 2014,

• “inspectors of constabulary” means Her Majesty's inspectors of constabulary appointed under section 71,

• “international joint investigation team” means any investigation team formed in accordance with—.........the Second Additional Protocol to the European Convention on Mutual Legal Assistance in Criminal Matters, orany international agreement to which the United Kingdom is a party and which is specified for the purposes of (as the case may be) section 24, 90, 91 or 96 in an order made by the Scottish Ministers,

• “joint central committee of the Police Federation for Scotland” means the 3 central committees of the Police Federation for Scotland sitting together as a joint committee,

• “local commander” means a constable designated under section 44(2),

• “local police plan” has the meaning given by section 47,

• “member of the Authority's staff” means an individual appointed under paragraph 6(1) of schedule 1,

• ...

• “police cadet” means an individual appointed under section 25,

• “police custody and security officer” means an individual certified under section 28(1),

• “police functions” means the functions of constables (including the chief constable's functions and any functions of a deputy chief constable, an assistant chief constable or a local commander),

• “policing” means the carrying out of police functions (and references to the policing of Scotland are references to the carrying out of police functions in or as regards Scotland),

• “the Police Investigations and Review Commissioner” means the Commissioner established by section 33 of the 2006 Act and renamed by section 61,

• “Police Service” means the Police Service of Scotland,

• “police services” has the meaning given by section 86(9),

• “police staff” means staff appointed under section 26(1) (and “member of the police staff” is to be construed accordingly),

• “senior officer” means a constable who holds the office of chief constable, deputy chief constable or assistant chief constable,

• “strategic police plan” has the meaning given by section 34,

• “strategic police priorities” has the meaning given by section 33,

• “terms and conditions” includes terms and conditions about payment of remuneration or allowances or about reimbursement of expenses.

• (2) In this Part, references to securing best value are to be construed in accordance with section 37.

Crown application

100

• (1) No contravention by the Crown of any provision made by or under this Part makes the Crown criminally liable.

• (2) But the Court of Session may, on the application of the Scottish Ministers or any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) Despite subsection (1), any provision made by or under this Part applies to persons in the public service of the Crown as it applies to other persons.

• (4) The power conferred by section 4(2)(d) does not apply in relation to Crown land.

• (5) In this section, “Crown land” means land held or used by or on behalf of the Crown (and includes an interest belonging to Her Majesty in right of Her private estates).

PART 2 — Fire reform

The Scottish Fire and Rescue Service

The Scottish Fire and Rescue Service

101

• (1) After section 1 of the 2005 Act, insert—

(1A) (1) There is established a body corporate to be known as the Scottish Fire and Rescue Serviceor, in Gaelic, Seirbheis Smàlaidh agus Teasairginn na h-Alba (referred to in this Act as “SFRS”). (2) SFRS has the functions conferred on it by or under this Act or any other enactment. (3) Schedule 1A makes further provision about SFRS.

.

• (2) After schedule 1 to the 2005 Act, insert—

SCHEDULE 1A (1) (1) SFRS— (a) is not a servant or agent of the Crown, and (b) has no status, immunity or privilege of the Crown. (2) SFRS's property is not property of, or property held on behalf of, the Crown. (2) (1) SFRS is to consist of— (a) a member appointed by the Scottish Ministers to chair SFRS (“the chairing member”), and (b) not fewer than 10 nor more than 14 other members appointed by the Scottish Ministers. (2) The Scottish Ministers may appoint as members only persons who they consider to have skills and expertise relevant to the functions of SFRS. (3) The Scottish Ministers may by order modify sub-paragraph (1)(b) by substituting for the minimum or maximum number of members for the time being specified such other number as they think fit. (4) Members of SFRS may elect from their number a member to act as deputy to the chairing member. (3) (1) A person is disqualified from appointment, and from holding office, as a member of SFRS if that person is or becomes— (a) a member of staff of SFRS, (b) a member of (i) the Scottish Parliament, (ii) the House of Lords, (iii) the House of Commons, or (iv) the European Parliament, (c) disqualified from standing for election as a member of (i) the Scottish Parliament, (ii) the House of Commons, or (iii) a local authority. (2) The Scottish Ministers may by order modify sub-paragraph (1). (4) (1) A member is to be appointed for a period not exceeding 4 years specified in the appointment. (2) A member holds and vacates office on such terms and conditions as the Scottish Ministers may determine. (3) On ceasing to be a member, a person is eligible for reappointment. (4) A member may, by notice in writing to the Scottish Ministers, resign office as a member. (5) (1) The Scottish Ministers may remove a member from office if— (a) the member is an undischarged bankrupt, (b) the member has, without reasonable excuse, been absent from meetings of SFRS for a period longer than 4 consecutive months, (c) the member has, without reasonable excuse, been absent from 3 consecutive meetings of SFRS, (d) the member has been convicted (whether before or after the member's appointment) of a criminal offence, (e) the member has failed to comply with the terms or conditions of the member's appointment, (f) the Scottish Ministers consider that the member is otherwise unfit to be a member or is unable for any reason to carry out the member's functions. (2) For the purposes of sub-paragraph (1)(a), “undischarged bankrupt” means a person— (a) whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force), (b) who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it), (c) who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 (c.66) or the Insolvency Act 1986 (c.45), (d) who is the subject of a bankruptcy restrictions undertaking entered into under either of those Acts, (e) who has been adjudged bankrupt (and has not been discharged), or (f) who is subject to any other kind of order, arrangement or undertaking analogous to those mentioned in paragraphs (a) to (d), anywhere in the world. (6) SFRS may pay to its members such remuneration, allowances and expenses as the Scottish Ministers may determine. (7) (1) SFRS must employ a Chief Officer. (2) The Chief Officer may not be a member of SFRS. (3) The first Chief Officer is to be appointed by the Scottish Ministers on such terms and conditions as they may determine. (4) Each subsequent appointment of a person as the Chief Officer is to be made by SFRS. (5) The appointment of a person under sub-paragraph (4) is subject to the approval of the Scottish Ministers. (6) The terms and conditions of a person appointed under sub-paragraph (4) are to be determined by SFRS. (8) (1) SFRS may employ staff. (2) Staff are to be employed on terms and conditions determined by SFRS. (3) SFRS may pay or make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who is, or has ceased to be, a member of staff (including the Chief Officer). (4) The reference in sub-paragraph (3) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of employment. (5) The arrangements mentioned in sub-paragraph (3) may include— (a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there, and (b) the establishment and administration of pension schemes. (9) (1) SFRS may establish committees for any purpose. (2) Any committee so established may establish sub-committees. (3) The members of any committee or sub-committee may include persons who are not members of SFRS but such persons are not entitled to vote at meetings. (4) A committee or sub-committee must not consist entirely of persons who are not members of SFRS. (5) SFRS may pay such remuneration, allowances and expenses as are determined by SFRS to a member of a committee or sub-committee who is not— (a) a member of SFRS, or (b) a member of staff of SFRS. (10) (1) SFRS may regulate— (a) its own procedure (including quorum), and (b) the procedure (including quorum) of its committees and sub-committees. (2) The validity of any proceedings or acts of SFRS is not affected by any— (a) vacancy in its membership, (b) defect in the appointment of a member, (c) disqualification of a person as a member after appointment. (11) (1) SFRS must ensure that its proceedings and those of its committees and sub-committees are held in public. (2) Despite sub-paragraph (1), SFRS or, as the case may be, any of its committees or sub-committees may decide to hold all or part of any proceedings in private. (3) SFRS must publish— (a) agendas for its proceedings and those of its committees and sub-committees, (b) the papers relating to those proceedings, (c) such reports of those proceedings as it thinks fit. (4) Despite sub-paragraph (3), SFRS may decide that all or part of any agenda, paper or report need not be published. (5) SFRS must publish a statement setting out— (a) the circumstances in which its proceedings and those of its committees and sub-committees may be held in private, and (b) the circumstances in which agendas, papers and reports need not be published. (12) SFRS must try to ensure that each of its members, when acting in the capacity of member— (a) acts consistently with any principle of good governance which appears to SFRS to constitute best practice, and (b) acts in a way which is as accountable and transparent as is reasonably practicable. (13) (1) SFRS may do anything that it considers appropriate for the purposes of, or in connection with, the carrying out of its functions. (2) SFRS may in particular— (a) enter into contracts, (b) borrow money, (c) acquire and dispose of land and other property, (d) with the authorisation of the Scottish Ministers, purchase compulsorily land, (e) form or promote (whether alone or with another) companies under the Companies Act 2006 (c.46). (3) SFRS may not exercise the power in sub-paragraph (2)(b) or (e) without the consent of the Scottish Ministers. (4) For the purposes of sub-paragraph (3) consent may be given— (a) with respect to a particular case or class of case, (b) subject to such conditions as the Scottish Ministers consider appropriate. (5) The power in sub-paragraph (2)(c) includes the power to accept, on such conditions as SFRS considers appropriate— (a) gifts of money, and (b) gifts or loans of other property. (6) The powers in sub-paragraph (2)(c) and (d) to acquire and purchase land include power to acquire a servitude or other right in or over land by the creation of a new right. (7) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42) applies in relation to the compulsory purchase of land under sub-paragraph (2)(d) as if— (a) that sub-paragraph were contained in an Act in force immediately before the commencement of that Act, and (b) SFRS were a local authority. (14) (1) SFRS may delegate any of its functions to a person mentioned in sub-paragraph (2). (2) Those persons are— (a) the Chief Officer, (b) any other member of staff of SFRS, (c) any of its committees. (3) Sub-paragraph (1) does not affect— (a) SFRS's responsibility for the carrying out of the delegated functions, or (b) SFRS's ability to carry out the delegated functions. (15) Any determination by SFRS as to the location of the principal office premises of its members or its Chief Officer is subject to the approval of the Scottish Ministers. (16) (1) The Scottish Ministers may make grants to SFRS of such amounts as they may determine. (2) A grant is made subject to any conditions specified by the Scottish Ministers (including conditions about repayment). (17) (1) SFRS must— (a) keep proper accounts and accounting records, and (b) prepare for each financial year a statement of accounts. (2) Each statement of accounts must comply with any directions given by the Scottish Ministers as to— (a) the information to be contained in it, (b) the manner in which the information is to be presented, (c) the methods and principles according to which the statement is to be prepared. (3) SFRS must send each statement of accounts to the Auditor General for Scotland for auditing. (4) In this paragraph, “financial year” means— (a) the period beginning on the day on which SFRS is established and ending on 31 March next occurring, and (b) each subsequent period of a year ending on 31 March.

.

Functions

Promotion of fire safety

102

In section 8 of the 2005 Act (fire safety)—

• (a) in subsection (1), for “Each relevant authority shall” substitute “ SFRS must ”, and

• (b) in subsection (2)

• (i) for “a relevant authority shall” substitute “ SFRS must ”, and

• (ii) for “the authority” substitute “ it ”.

Fire safety: enforcement

103

• (1) In section 61 of the 2005 Act (enforcing authorities)—

• (a) in each of subsections (7) and (8)

• (i) for “A relevant authority” substitute “ SFRS ”, and

• (ii) for “the authority” substitute “ SFRS ”, and

• (b) in subsection (9), for paragraphs (b) and (c) substitute—

(b) in relation to any other relevant premises, SFRS.

.

• (2) In section 67 of the 2005 Act (enforcement of Chapter 1 of Part 3 of the 2005 Act: determination of disputes)—

• (a) for subsection (1), substitute—

(1) Subsections (1A) and (1B) apply where— (a) an enforcing authority considers that a person has failed to comply with any of the Chapter 1 duties, and (b) in relation to the duty in question, the person and the authority cannot agree on the action that requires to be taken to comply with the duty. (1A) The person and the authority may refer the matter to the person appointed under section 43A(1)(a) for determination. (1B) If the enforcing authority is SFRS, it or the person may refer the matter to the person appointed under section 43A(1)(a) for determination.

, and

• (b) in subsection (4), for “(1) or (2)” substitute “ (1A) or (1B) ”.

Fire-fighting

104

In section 9 of the 2005 Act (fire-fighting)—

• (a) in subsection (1), for “Each relevant authority shall” substitute “ SFRS must ”, and

• (b) in subsection (2), for “a relevant authority shall” substitute “ SFRS must ”.

Road traffic accidents

105

In section 10 of the 2005 Act (road traffic accidents)—

• (a) in subsection (1), for “Each relevant authority shall” substitute “ SFRS must ”, and

• (b) in subsection (2), for “a relevant authority shall” substitute “ SFRS must ”.

Conferral of functions in relation to other emergencies

106

In section 11 of the 2005 Act (conferral of functions in relation to other emergencies)—

• (a) in subsection (1), for “a relevant authority (the “specified authority”)” substitute “ SFRS ”, and

• (b) in each of subsections (2) and (3), for “the specified authority”, in each place where it occurs, substitute “ SFRS ”.

Power to respond to other eventualities

107

In section 13 of the 2005 Act (power to respond to other eventualities)—

• (a) in subsection (1), for “A relevant authority” substitute “ SFRS ”, and

• (b) in subsection (2)(b), for “an authority” substitute “ SFRS ”.

Provision of other services

108

In section 14 of the 2005 Act (provision of other services)—

• (a) in subsection (1)

• (i) for “A relevant authority” substitute “ SFRS ”, and

• (ii) for “the authority” substitute “ SFRS ”, and

• (b) in subsection (2), for “An authority” substitute “ SFRS ”.

Provision of centres for education and training

109

In section 15 of the 2005 Act (provision of centres for education and training)—

• (a) for “A relevant authority” substitute “ SFRS ”, and

• (b) for “relevant authorities have” substitute “ it has ”.

Charging

110

In section 16 of the 2005 Act (charging)—

• (a) in subsection (1)

• (i) for “a relevant authority” substitute “ SFRS ”, and

• (ii) for “the authority” substitute “ SFRS ”,

• (b) in subsection (2), for “the authority” substitute “ SFRS ”,

• (c) in subsection (3), for the words from “the”, where it secondly occurs, to the end substitute “ SFRS at sea beyond the low water mark ”, and

• (d) in subsection (4)

• (i) for “a relevant authority” substitute “ SFRS is ”,

• (ii) after “description” insert “ and it ”, and

• (iii) for “the authority”, in both places where it occurs, substitute “ SFRS ”.

Further amendments of 2005 Act

Assistance

111

In section 35 of the 2005 Act (the title of which becomes “ Assistance ”)—

• (a) for subsections (1) and (2), substitute—

(1) SFRS may enter into arrangements with a person for securing the provision by that person of assistance for SFRS in the carrying out by SFRS of a relevant function. (2) A person may provide assistance under arrangements made under subsection (1) only if the Chief Officer is satisfied that the person has sufficient knowledge, skills and experience to enable the person to provide assistance for SFRS in the carrying out by SFRS of the relevant function.

, and

• (b) after subsection (3), add—

(4) In this section, “relevant function” means a function conferred by or under any of sections 8 to 11, 13 and 61.

.

Delegation

112

In section 36 of the 2005 Act (power to make arrangements for delegating functions)—

• (a) for subsections (1) and (2), substitute—

(1) SFRS may enter into arrangements with a person for the carrying out by that person of a relevant function. (2) A person may carry out a relevant function under arrangements made under subsection (1) only if the Chief Officer is satisfied that the person has sufficient knowledge, skills and experience to enable the person to carry out the relevant function. (2A) SFRS may enter into arrangements under this section in relation to its function of extinguishing fires only if the person employs fire-fighters.

, and

• (b) after subsection (3), add—

(4) In this section, “relevant function” means a function conferred by or under any of sections 8 to 11, 13 and 61.

.

Best value

113

Before section 40 of the 2005 Act (and the italic cross-heading immediately preceding it), insert—

(39A) (1) It is the duty of SFRS to make arrangements which secure best value. (2) Best value is continuous improvement in the carrying out of SFRS's functions. (3) In securing best value, SFRS must maintain an appropriate balance among— (a) the quality of its carrying out of its functions, (b) the cost to SFRS of that carrying out of its functions, (c) the cost to persons of any service provided by SFRS for them on a wholly or partly rechargeable basis. (4) In maintaining that balance, SFRS must have regard to— (a) efficiency, (b) effectiveness, (c) economy, and (d) the need to meet the equal opportunity requirements. (5) SFRS must carry out its duties under this section in a way which contributes to the achievement of sustainable development. (6) In measuring the improvement of the carrying out of SFRS's functions for the purposes of this section, regard is to be had to the extent to which the outcomes of the carrying out of the functions have improved. (7) In this section, “equal opportunity requirements” has the same meaning as in Section L2 of Part 2 of Schedule 5 to the Scotland Act 1998 (c.46). (39B) (1) In carrying out its duties under section 39A, SFRS must have regard to the matters mentioned in subsection (2). (2) The matters are— (a) any relevant guidance issued by the Scottish Ministers, (b) what are, whether by reference to any generally recognised published code or otherwise, regarded as proper arrangements for the purposes of section 39A(1) (or purposes which include those purposes). (3) Before issuing relevant guidance, the Scottish Ministers must consult— (a) SFRS, and (b) such other persons as they think appropriate. (4) In the event of a conflict in any respect between the matter to which SFRS is to have regard under paragraph (a) of subsection (2) and the matter to which it is to have regard under paragraph (b) of that subsection, SFRS must in that respect have regard only to matters within paragraph (a). (5) In this section “relevant guidance”— (a) means guidance on the carrying out of the duties imposed by section 39A, (b) includes in particular guidance on (i) how to make and what is to be included in the arrangements mentioned in section 39A(1), (ii) how to implement the duty imposed by that section. (39C) The reference in section 23 of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) to examinations into the economy, efficiency and effectiveness with which resources have been used is, in relation to SFRS, to include a reference to examinations into the arrangements made by SFRS under section 39A.

.

Strategic plan

114

After section 41 of the 2005 Act, insert—

(41A) (1) SFRS must prepare a strategic plan. (2) A strategic plan is a plan— (a) setting out how SFRS proposes to carry out its functions during the period of 3 years beginning with the day appointed by order under subsection (7), (b) setting out outcomes by reference to which the carrying out of its functions may be measured, and (c) including such other material relating to its functions or to a period other than the period mentioned in paragraph (a) as SFRS thinks fit. (3) Before preparing the strategic plan, SFRS must make arrangements for obtaining views on what the plan should contain from persons whom it considers likely to have an interest in how SFRS carries out its functions. (4) When preparing the strategic plan, SFRS must— (a) have regard to the framework document, (b) send a copy of a draft plan to the persons mentioned in subsection (5), (c) invite the recipients to comment on the draft plan within such reasonable period as SFRS may specify, and (d) have regard to any comments received within that period. (5) Those persons are— (a) each local authority, (b) such persons as SFRS considers represent local authorities, (c) such persons as SFRS considers represent employees of SFRS, (d) such other persons as SFRS considers appropriate. (6) SFRS must submit the strategic plan prepared under subsection (1) to the Scottish Ministers for approval. (7) SFRS must use its best endeavours to secure the approval of the Scottish Ministers to the strategic plan (with or without modifications) before such day as the Scottish Ministers may by order appoint. (8) If the Scottish Ministers approve the strategic plan, SFRS must— (a) publish the plan, and (b) lay before the Scottish Parliament a copy of the plan. (41B) (1) This section applies where— (a) a strategic plan is approved under section 41A, or (b) a new strategic plan is approved under subsection (4) or (6). (2) SFRS may at any time review the plan. (3) SFRS must review the plan— (a) if the Scottish Ministers make an order under section 40(4), and (b) before the end of the period of 3 years to which the plan relates. (4) Following a review under subsection (2) or (3)(a), SFRS may prepare and submit to the Scottish Ministers for approval a new strategic plan. (5) If, following a review under subsection (3)(a), SFRS decides not to prepare a new strategic plan, it must notify the Scottish Ministers of that fact. (6) Following a review under subsection (3)(b), SFRS must, before the end of the period of 3 years mentioned in that subsection, prepare and submit to the Scottish Ministers for approval a new strategic plan. (7) A new strategic plan is a plan— (a) setting out how SFRS proposes to carry out its functions during the period of 3 years beginning with the plan commencement day, (b) setting out outcomes by reference to which the carrying out of its functions may be measured, and (c) including such other material relating to its functions or to a period other than the period mentioned in paragraph (a) as SFRS thinks fit. (8) Before preparing a new strategic plan, SFRS must make arrangements for obtaining views on what the plan should contain from persons whom it considers likely to have an interest in how SFRS carries out its functions. (9) When preparing a new strategic plan, SFRS must— (a) have regard to the framework document, (b) send a copy of a draft plan to the persons mentioned in section 41A(5), (c) invite the recipients to comment on the draft plan within such reasonable period as SFRS may specify, and (d) have regard to any comments received within that period. (10) SFRS must use its best endeavours to secure the approval of the Scottish Ministers to a new strategic plan (with or without modifications) before the plan commencement day for that plan. (11) If the Scottish Ministers approve a new strategic plan, SFRS must— (a) publish the plan, and (b) lay before the Scottish Parliament a copy of the plan. (12) In this section, “plan commencement day” means— (a) in the case of a strategic plan prepared under subsection (4), the day 8 weeks after the day on which SFRS submits a new strategic plan to the Scottish Ministers (or such earlier day as SFRS and the Scottish Ministers may agree), (b) in the case of a strategic plan prepared under subsection (6), the day after the end of the period of 3 years to which the previous strategic plan relates. (41C) (1) This section applies where a strategic plan or a new strategic plan has been approved by the Scottish Ministers under section 41A or, as the case may be, section 41B. (2) In carrying out its functions, SFRS must have regard to the strategic plan in so far as that plan is not inconsistent with the framework document.

.

Local fire and rescue plans

115

After section 41C of the 2005 Act (inserted by section 114), insert—

(41D) (1) SFRS must ensure that there are adequate arrangements in place for the carrying out of its functions in each local authority area. (2) SFRS must involve each local authority in determining priorities and objectives for SFRS in connection with the carrying out in the local authority's area of SFRS's functions. (41E) (1) As soon as is reasonably practicable after a strategic plan is approved under section 41A, SFRS must prepare a local fire and rescue plan for each local authority area. (2) A local fire and rescue plan is a plan setting out— (a) priorities and objectives for SFRS in connection with the carrying out in the local authority's area of SFRS's functions, (b) the reasons for selecting each of those priorities and objectives, (c) how SFRS proposes to deliver those priorities and objectives, (d) in so far as is reasonably practicable, outcomes by reference to which delivery of those priorities and objectives can be measured, (e) how those priorities and objectives are expected to contribute to the delivery of any other relevant local outcomes which are identified by community planning, (f) such other matters relating to the carrying out of SFRS's functions in the local authority's area as SFRS thinks fit. (3) In preparing the local fire and rescue plan, SFRS must— (a) have regard to the framework document and the strategic plan approved under section 41A, (b) consult (i) such persons as SFRS considers represent employees of SFRS, and (ii) such other persons as SFRS considers appropriate. (4) SFRS must submit a plan prepared under subsection (1) for approval to the local authority for the area to which the plan relates. (5) If the plan is approved under subsection (4), SFRS must publish it. (6) In this section “community planning” means the community planning processes described in Part 2 of the Local Government in Scotland Act 2003 (asp 1). (41F) (1) This section applies where a local fire and rescue plan is published under section 41E(5), subsection (4) or section 41G(5). (2) SFRS may at any time review the plan. (3) Following a review, SFRS may revise the plan. (4) Subsections (3) to (5) of section 41E apply in relation to a plan revised under subsection (3) as they apply in relation to a plan prepared under subsection (1) of that section but subject to the modification in subsection (5). (5) The modification is that the reference in section 41E(3)(a) to a plan approved under section 41A is to be read as if it were a reference to a plan approved under section 41A or, as the case may be, a new plan approved under section 41B. (41G) (1) This section applies where a local fire and rescue plan is published under section 41E(5), section 41F(4) or subsection (5). (2) SFRS must review the local fire and rescue plan if— (a) the Scottish Ministers make an order under section 40(4), (b) a new strategic plan is approved under section 41B, or (c) the plan is not revised under section 41F(3) or subsection (3) during the period of 3 years beginning with the publication of the plan. (3) Following a review under subsection (2)(a) or (b), SFRS may revise the plan. (4) Following a review under subsection (2)(c), SFRS must revise the plan. (5) Subsections (3) to (5) of section 41E apply in relation to a plan revised under subsection (3) or (4) as they apply in relation to a plan prepared under subsection (1) of that section but subject to the modification in subsection (6). (6) The modification is that the reference in section 41E(3)(a) to a plan approved under section 41A is to be read as if it were a reference to a plan approved under section 41A or, as the case may be, a new plan approved under section 41B. (41H) SFRS must give to a local authority such information or reports relating to the carrying out of SFRS's functions in the authority's area (including reports given by reference to any local fire and rescue plan in force for the area) as the authority may reasonably request. (41J) (1) After consulting the local authority, SFRS must designate an employee of SFRS as Local Senior Officer for each local authority area for the purpose of carrying out on behalf of SFRS the delegated functions. (2) The delegated functions are— (a) SFRS's functions under sections 41E to 41H, (b) SFRS's function in relation to the provision of feedback to it under section 41K(1), (c) SFRS's functions under section 16(1)(d) of the Local Government in Scotland Act 2003 (asp 1) (duty to participate in community planning), (d) any other functions of SFRS which SFRS delegates to the Local Senior Officer. (3) The duty imposed on SFRS by subsection (1) must be carried out by the Chief Officer. (4) A person may be designated under subsection (1) in relation to more than one local authority area. (5) Subsection (1) does not affect— (a) SFRS's responsibility for the carrying out of the delegated functions, (b) SFRS's ability to carry out the delegated functions. (41K) (1) A local authority may monitor and provide feedback to SFRS on the manner in which SFRS carries out its functions in the authority's area and (in particular) may provide to SFRS— (a) its views on any matter concerning or connected to the manner in which SFRS carries out those functions in the authority's area, (b) any recommendations for improvements in the manner in which SFRS carries out those functions in the authority's area that it thinks fit. (2) A local authority may provide feedback by reference to any local fire and rescue plan in force for its area.

.

Annual report

116

After section 41K of the 2005 Act (inserted by section 115), insert—

(41L) (1) As soon as is reasonably practicable after the end of each reporting year, SFRS must— (a) prepare and publish an annual report, (b) give a copy of the report to the Scottish Ministers, and (c) lay a copy of the report before the Scottish Parliament. (2) An annual report is a report setting out— (a) an assessment of SFRS's performance during the reporting year in acting in accordance with the framework document, (b) an assessment of SFRS's performance during the reporting year in achieving the outcomes set out in the strategic plan approved under section 41A or, as the case may be, 41B, and (c) such other information as SFRS thinks fit. (3) In this section, “reporting year” means— (a) the period beginning on the day on which SFRS is established and ending (i) on 31 March next occurring, or (ii) if that period is of less than 6 months' duration, on 31 March next occurring after that, and (b) each subsequent period of a year ending on 31 March.

.

Provision of information

117

After section 41L of the 2005 Act (inserted by section 116), insert—

(41M) (1) SFRS must provide the Scottish Ministers with such reports, statistics and other information relating to SFRS or its functions as the Scottish Ministers may require. (2) Information provided under this section may in particular relate to the outcomes of fires, events and other situations in relation to which SFRS makes provision or takes action. (3) Information to be provided under this section must be provided at the times, and in the form, specified by the Scottish Ministers.

.

Directions by Scottish Ministers

118

After section 42 of the 2005 Act, insert—

(42A) (1) The Scottish Ministers may give SFRS general or specific directions. (2) SFRS must comply with a direction under this section. (3) Directions under this section may vary or revoke earlier directions under this section. (4) Directions under this section must be in writing. (5) The Scottish Ministers must— (a) publish a direction given under this section, and (b) lay a copy of it before the Scottish Parliament. (6) Nothing in this section enables the Scottish Ministers to give a direction in circumstances to which subsection (3) or (4) of section 41 applies.

.

Inspectors of SFRS

119

After section 43 of the 2005 Act, insert—