Office of Public Sector Information
PART 2 continued CHAPTER 5 continued
(1) If, without reasonable excuse, a person fails to comply with any requirement under section 27(4)(b) or 29(2)(g), the person shall be guilty of an offence.
(2) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) If, without reasonable excuse, a person—
(a) makes use of; or
(b) discloses,
any commercially sensitive information obtained by the person while on premises entered in exercise of a power conferred by virtue of section 25, 26, 27 or 29, the person shall be guilty of an offence.
(2) In subsection (1) “commercially sensitive information” means information with regard to any—
(a) manufacturing process; or
(b) trade secret.
(3) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 3 months.
(1) Each relevant authority shall, so far as practicable, enter into a reinforcement scheme with other relevant authorities.
(2) A reinforcement scheme is a scheme for securing mutual assistance as between the relevant authorities participating in it for the purpose of carrying out the functions conferred by virtue of sections 9 to 11 on any of them.
(3) A reinforcement scheme may make provision for apportioning between the participating authorities any expenses incurred in taking measures to secure the efficient operation of the scheme.
(4) The participating authorities shall notify the Scottish Ministers of—
(a) the making of the scheme;
(b) any variation of the scheme; and
(c) the revocation of the scheme.
(5) The participating authorities shall give effect to the scheme.
(1) Where subsection (2) applies, the Scottish Ministers may direct two or more relevant authorities to make a reinforcement scheme in the terms specified in the direction.
(2) This subsection applies where—
(a) one of the authorities has asked the other (or others) to agree to the making of the scheme;
(b) the authorities are unable to agree as to—
(i) that matter; or
(ii) the terms proposed for the scheme; and
(c) one of them asks the Scottish Ministers to make such a direction.
(3) Where subsection (4) applies, the Scottish Ministers may direct the relevant authorities participating in a reinforcement scheme to vary the scheme in the terms specified in the direction.
(4) This subsection applies where—
(a) one of the authorities has asked the other (or others) to agree to the variation of the scheme;
(b) the authorities are unable to agree as to that matter; and
(c) one of them asks the Scottish Ministers to make such a direction.
(5) Where subsection (6) applies, the Scottish Ministers may direct the relevant authorities participating in a reinforcement scheme to revoke the scheme.
(6) This subsection applies where—
(a) one of the authorities has asked the other (or others) to agree to the revocation of the scheme;
(b) the authorities are unable to agree as to that matter; and
(c) one of them asks the Scottish Ministers to make such a direction.
(7) Before giving a direction under this section, the Scottish Ministers—
(a) shall give the authorities concerned an opportunity to make representations; and
(b) may cause an inquiry to be held.
(8) A direction given under this section may be varied or revoked by a further such direction.
(9) In this section “reinforcement scheme” has the meaning given by section 33(2).
(1) A relevant authority may enter into arrangements with a relevant person for securing the provision by that person of assistance for the purpose of the carrying out by the authority of a function conferred on it by virtue of any of sections 8 to 11, 13 and 61.
(2) In subsection (1) “relevant person” means a person who—
(a) is not a relevant authority; and
(b) in the case of arrangements for the securing of assistance for the purpose of extinguishing fires––
(i) employs fire-fighters; or
(ii) is approved for that purpose by the Chief Officer of a relevant authority.
(3) Arrangements under this section may include provision as to the terms (including terms as to payment) on which assistance is to be provided.
(1) A relevant authority may enter into arrangements with a relevant person for the carrying out by that person of a function conferred on the authority by virtue of any of sections 8 to 11, 13 and 61.
(2) In subsection (1) “relevant person” means—
(a) in the case of arrangements in relation to the authority’s function of extinguishing fires—
(i) another relevant authority; or
(ii) any other person who employs fire-fighters;
(b) in any other case—
(i) another relevant authority; or
(ii) any other person.
(3) Arrangements under this section may include provision as to the terms (including terms as to payment) on which any function is to be carried out.
(1) The Scottish Ministers may—
(a) direct two relevant authorities to enter into arrangements under section 36; or
(b) direct two relevant authorities who have entered into such arrangements—
(i) to vary the arrangements in the terms specified in the direction; or
(ii) to terminate the arrangements.
(2) Before giving a direction under this section, the Scottish Ministers—
(a) shall give the authorities concerned an opportunity to make representations; and
(b) may cause an inquiry to be held.
(3) The Scottish Ministers may give a direction under this section only where, after considering—
(a) any representations made under subsection (2)(a); and
(b) the report of any person by whom any inquiry under subsection (2)(b) is held,
they consider it expedient to do so with a view to securing greater economy, efficiency and effectiveness.
(4) A direction given under this section may be varied or revoked by a further such direction.
(1) The Emergency Workers (Scotland) Act 2005 (asp 2) shall be amended as follows.
(2) For paragraph (b) of section 1(3) substitute—
“(zb) that of a person employed by a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) while discharging any of the authority’s functions under any of sections 9 to 13 (fire-fighting, road traffic accidents, other emergencies, emergency directions and other eventualities), 25, 27 and 29 (powers of authorised employees in relation to emergencies, obtaining information and investigating fires) of that Act;
(b) that of a person providing assistance under arrangements made by virtue of section 35 (assistance other than from relevant authorities) or 36 (arrangements for carrying out of functions by others) of the Fire (Scotland) Act 2005 other than assistance given to a relevant authority (as defined in section 6 of that Act) for the purpose of carrying out any of the authority’s functions conferred on the authority by section 8 or 61 of that Act;”.
(1) A person who assaults, obstructs or hinders another person who is—
(a) an employee of a relevant authority; and
(b) discharging any of the functions conferred on the authority under section 8, 17 or 61,
commits an offence.
(2) A person who assaults, obstructs or hinders another person who is providing assistance to a relevant authority under arrangements made by virtue of section 35 for the purpose of the carrying out by that authority of any of the functions conferred on it by virtue of section 8 or 61 commits an offence.
(3) A person who assaults, obstructs or hinders another person who is by virtue of section 36 carrying out a function conferred on a relevant authority by virtue of section 8 or 61 commits an offence.
(4) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a period not exceeding 9 months or to a fine not exceeding level 4 on the standard scale.
(1) The Scottish Ministers shall prepare a document—
(a) setting out priorities and objectives for relevant authorities in connection with the carrying out of their functions; and
(b) containing—
(i) such guidance in connection with the carrying out of any of those functions; and
(ii) such other matters relating to those authorities or those functions,
as the Scottish Ministers consider appropriate.
(2) The Scottish Ministers—
(a) shall keep the document prepared under subsection (1) under review; and
(b) may from time to time revise it.
(3) The Scottish Ministers shall carry out the functions conferred on them by subsection (1) and (2) in the manner and to the extent that appears to them to be best calculated to promote—
(a) public safety;
(b) the efficiency and effectiveness of fire and rescue authorities; and
(c) efficiency and effectiveness in connection with the matters in relation to which relevant authorities have functions.
(4) The document prepared under subsection (1), and any revision of it which appears to the Scottish Ministers to be significant, shall have effect only when brought into effect by the Scottish Ministers by order.
(5) In preparing—
(a) the document mentioned in subsection (1); and
(b) any revision of it which appears to them to be significant,
the Scottish Ministers shall consult the persons mentioned in subsection (6).
(6) Those persons are—
(a) each relevant authority or such persons as the Scottish Ministers consider represent those authorities; and
(b) such persons as the Scottish Ministers consider represent employees of those authorities.
(1) In carrying out their functions, relevant authorities shall have regard to the document prepared under section 40(1).
(2) Subsections (3) and (4) apply where the Scottish Ministers consider that a relevant authority is failing, or is likely to fail, to act in accordance with the document prepared under section 40(1).
(3) The Scottish Ministers may cause an inquiry to be held into the matter.
(4) Subject to subsection (5), the Scottish Ministers may, for the purpose of securing that the authority acts in accordance with the document, by order require the authority—
(a) to take; or
(b) to refrain from taking,
such action as is specified in the order.
(5) The Scottish Ministers may make an order under subsection (4) only where they consider that it would promote—
(a) public safety;
(b) the efficiency and effectiveness of the authority; or
(c) efficiency and effectiveness in connection with the matters in relation to which relevant authorities have functions.
(6) Before making an order under subsection (4), the Scottish Ministers shall consult the authority in respect of which it is proposed to be made.
(7) Where the document prepared under subsection (1) of section 40 has been revised under subsection (2)(b) of that section, the references in this section and section 42 to that document shall be taken to refer to that document as revised.
(1) The Scottish Ministers shall report to the Scottish Parliament on—
(a) the extent to which relevant authorities are acting in accordance with the document prepared under section 40(1); and
(b) any steps taken by them for the purpose of securing that relevant authorities so act.
(2) The first report under subsection (1) shall be made before the expiry of the period of two years starting on the date when the document prepared under section 40(1) is brought into effect.
(3) Every subsequent such report shall be made before the expiry of the period of two years starting on the date on which the last such report was made.
(1) Her Majesty may by Order in Council appoint—
(a) a Chief Inspector of Fire and Rescue Authorities; and
(b) such number of Inspectors of Fire and Rescue Authorities as the Scottish Ministers may determine.
(2) The Scottish Ministers may appoint Assistant Inspectors of Fire and Rescue Authorities.
(3) The Scottish Ministers shall pay to the persons appointed under this section such remuneration as the Scottish Ministers may determine.
(4) A person who, immediately before the coming into force of this section, is by virtue of appointment under section 24 of the Fire Services Act 1947 (c. 41)—
(a) the Chief Inspector of Fire Services for Scotland, shall be taken to have been appointed under subsection (1)(a);
(b) an Inspector of Fire Services for Scotland, shall be taken to have been appointed under subsection (1)(b);
(c) an Assistant Inspector of Fire Services for Scotland, shall be taken to have been appointed under subsection (2).
(1) The Scottish Ministers may direct a person appointed under section 43 to—
(a) inquire into a matter mentioned in subsection (2); and
(b) to submit to them a written report on that matter by a date specified by them.
(2) Those matters are—
(a) the state and efficiency of relevant authorities generally;
(b) the manner in which—
(i) a relevant authority is carrying out any of its functions under this Act; or
(ii) relevant authorities are carrying out such functions generally;
(c) technical matters relating to a function of a relevant authority under this Act.
(3) The Scottish Ministers shall lay a copy of each report submitted to them under subsection (1)(b) on the matter mentioned in subsection (2)(a) before the Scottish Parliament.
(1) Where the Scottish Ministers consider it necessary to do so for public safety purposes, they may make an order (a “property and facilities order”) giving general or specific directions to a relevant authority (or two or more such authorities) about the use or disposal of property or facilities.
(2) A direction under subsection (1) given to an authority may in particular include provision—
(a) about the use or disposal by the authority of property or facilities belonging to it or under its control;
(b) about the use by the authority of property or facilities belonging to or under the control of—
(i) another relevant authority; or
(ii) a person who has made, or is willing to make, the property or facilities available;
(c) requiring payments to be made by the authority to—
(i) another relevant authority; or
(ii) any other person,
in respect of the use of property or facilities.
(3) In subsection (2)(b) a reference to property or facilities belonging to a person includes a reference to land occupied by the person.
The Scottish Ministers may make an order requiring a relevant authority (or two or more such authorities)—
(a) to use and maintain equipment—
(i) specified in the order; or
(ii) of a description so specified; or
(b) to use services—
(i) so specified; or
(ii) of a description so specified.
(1) The Scottish Ministers may—
(a) provide and maintain any equipment, facilities and services;
(b) contribute to the provision and maintenance of any equipment, facilities and services;
(c) establish and maintain any organisations; or
(d) contribute to the establishment and maintenance of any organisations,
they consider appropriate for promoting the economy, efficiency and effectiveness of relevant authorities.
(2) Subject to subsection (3), charges may be imposed for the use of equipment, facilities and services—
(a) provided by the Scottish Ministers under subsection (1)(a); or
(b) provided by an organisation established or maintained by the Scottish Ministers under subsection (1)(c).
(3) Any such charge shall not exceed the costs reasonably incurred in providing the equipment, facility or service to which it relates.
(1) The Scottish Ministers may establish and maintain a central training institution for one or more of the purposes mentioned in subsection (2).
(2) Those purposes are—
(a) the provision of education and training to employees of relevant authorities;
(b) the provision of advice and assistance to relevant authorities in connection with the provision of such education and training;
(c) the supervision and regulation of the provision of such education and training;
(d) the provision of education and training to persons who provide (or are to provide) such education and training;
(e) the provision of education or training to persons who are not employees of relevant authorities in matters in relation to which relevant authorities have functions;
(f) the provision of advice and assistance in connection with the provision of such education and training.
(3) The Scottish Ministers may make arrangements with a relevant authority for a centre established under section 15 to be used for one or more of the purposes mentioned in subsection (2).
(1) The Scottish Ministers may by order make provision for the establishment of a body of persons (a “statutory negotiation body”), or two or more such bodies, for the purpose of negotiating the conditions of service of employees of relevant authorities.
(2) An order under subsection (1) shall provide for the statutory negotiation body established by it to be composed of—
(a) persons representing the interests of some or all relevant authorities;
(b) persons representing the interests of some or all employees of relevant authorities; and
(c) a person who does not fall within subsection (3), who shall chair the body.
(3) A person falls within this subsection if the person is—
(a) a member or employee of a relevant authority;
(b) a member or employee of a body representing the interests of some or all employees of relevant authorities; or
(c) an office-holder in, or a member of the staff of, the Scottish Administration.
(4) The reference in subsection (2)(b) to persons representing the interests of some or all employees of relevant authorities includes trade unions (as defined in section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) whose membership consists of or includes employees of relevant authorities.
(5) A statutory negotiation body may make arrangements for the purpose of enabling conditions of service of employees of relevant authorities to be negotiated at local level (“local negotiation arrangements”).
(6) Local negotiation arrangements may in particular include provision as to—
(a) the—
(i) persons; or
(ii) descriptions of person,
by whom, or by means of whom, negotiations are authorised to be carried out at local level;
(b) the conditions of service and descriptions of conditions of service authorised to be negotiated at local level.
(7) Local negotiation arrangements may be made by a statutory negotiation body in respect of employees of a particular description only if the statutory negotiation body includes persons representing the interests of employees of that description.
(8) Where there is a statutory negotiation body which includes persons representing the interests of employees of a particular description, an agreement as to the conditions of service of employees of that description which is made by or on behalf of a relevant authority and by or on behalf of employees of the description concerned is a legally enforceable contract only where the terms of the agreement were negotiated—
(a) by means of the statutory negotiation body; or
(b) in accordance with local negotiation arrangements made by the statutory negotiation body in respect of employees of that description.
(1) A relevant negotiation body shall, in negotiating the conditions of service of employees of relevant authorities, have regard to any guidance given by the Scottish Ministers in connection with that matter.
(2) In subsection (1) “relevant negotiation body” means—
(a) a body established by virtue of section 49(1); or
(b) any other body of persons which—
(i) includes both persons representing the interests of some or all relevant authorities and persons representing the interests of some or all employees of relevant authorities; and
(ii) is constituted in accordance with what appear to the Scottish Ministers to be appropriate arrangements for the negotiation of the conditions of service of employees of relevant authorities.
(3) The reference in subsection (2)(b)(i) to persons representing the interests of some or all employees of relevant authorities includes trade unions (as defined in section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) whose membership consists of or includes employees of relevant authorities.
A relevant authority may not employ a constable for the purpose of carrying out any of the functions conferred on the authority by virtue of this Act.
In this Part, unless the context otherwise requires—
“emergency” means an event or situation that causes or is likely to cause—
a person to die;
a person to suffer serious—
injury; or
illness; or
serious harm to the environment (including the life and health of plants and animals and the fabric of buildings);
“extinguishing”, in relation to a fire, includes containing and controlling;
“road” has the same meaning as in Part 4 of the New Roads and Street Works Act 1991 (c. 22).
Fire (Scotland) Act 2005