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Part 5 General

87 Ancillary provision

(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.

88 Orders and regulations

(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) an order under section 2(1) or section 5(3);

(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.

89 Minor and consequential amendments and repeals

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(2) The enactments mentioned in the first column of schedule 4 (which include enactments that are spent) are repealed to the extent set out in the second column.

90 Commencement

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

91 Short title

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

SCHEDULE 1 Joint fire and rescue boards: supplementary provision

(introduced by section 4)

Status

1 A joint fire and rescue board constituted by a scheme made under section 2(1) shall be a body corporate and shall have a common seal.

General powers

2 (1) Subject to this Act and the scheme made under section 2(1) by which it is constituted, a joint fire and rescue board may do anything which appears to it to be appropriate for the purposes of, or in connection with, the carrying out of its functions; and it may in particular—

(a) acquire and dispose of land and other property; and

(b) borrow money.

(2) The power to acquire land in sub-paragraph (1)(a) includes power to purchase land compulsorily, and section 71 of the Local Government (Scotland) Act 1973 (c. 65) (acquisition of land compulsorily) shall apply to a joint fire and rescue board as it applies to a local authority.

Pensions

3 For the purposes of the Local Government Superannuation (Scotland) Regulations 1987 (S.I. 1987/1850), the appropriate superannuation fund shall be—

(a) in relation to the pensionable employees of a joint fire board constituted by an administration scheme under section 36 of the Fire Services Act 1947 (c. 41) or section 147 of the Local Government (Scotland) Act 1973 (c. 65), the superannuation fund of such one of the councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) whose area is comprised in the area of the joint fire board as may be determined by or under the administration scheme; and

(b) in relation to the pensionable employees of a joint fire and rescue board constituted by an amalgamation scheme made under section 2(1), the superannuation fund of such one of the councils constituted as mentioned in paragraph (a) whose area is comprised in the area of the joint fire and rescue board as may be determined by or under the amalgamation scheme.

SCHEDULE 2 Fire safety measures

(introduced by section 53(4))

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.