Part 1 Fire and rescue authorities

Fire and rescue authorities

1 Fire and rescue authorities

(1) The council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) for a local government area shall be the fire and rescue authority for that area.

(2) In subsection (1), “local government area” has, subject to subsection (3), the same meaning as in that Act.

(3) If a local government area extends into the sea, its seaward boundary shall, for the purpose of subsection (1), be the low water mark.

Joint fire and rescue boards

2 Schemes to constitute joint fire and rescue boards

(1) Where it appears to the Scottish Ministers that, for the purposes of this Act, it would be in the interests of greater economy, efficiency and effectiveness that the areas of two or more fire and rescue authorities be combined, they may by order make an amalgamation scheme for that combined area.

(2) An amalgamation scheme is a scheme constituting, for the combined area of the fire and rescue authorities specified in it (the “constituent authorities”), a joint fire and rescue board consisting of such number of members, being members of the constituent authorities, as are specified in the scheme.

(3) An amalgamation scheme may include such supplementary, incidental or consequential provision as the Scottish Ministers consider appropriate.

(4) Provision that may be made under subsection (3) may include in particular provision with respect to—

(a) the proceedings of the board;

(b) its funding and financial arrangements, including in particular—

(i) provision for the payment of its expenses out of a combined fire and rescue service fund maintained by the constituent authorities;

(ii) provision about the carrying-forward from one financial year to the next of any money received by the board in respect of the first year from the constituent authorities under provision made under paragraph (b)(i) and remaining unspent at the end of the first year;

(c) the transfer to the board of any property, rights and liabilities of the constituent authorities;

(d) the transfer to the board of any staff of the constituent authorities;

(e) officers of the board;

(f) the supply of services or facilities by the constituent authorities to the board;

(g) the payment of compensation in respect of loss suffered by any person in consequence of the constitution of the board.

(5) Before making an amalgamation scheme, the Scottish Ministers shall consult—

(a) the fire and rescue authorities in respect of which the scheme is proposed;

(b) such other fire and rescue authorities as appear to them likely to be affected; and

(c) such other persons as they consider appropriate.

3 Schemes under section 2: amendment and revocation

(1) An order amending or revoking an amalgamation scheme made under section 2(1) may include provision for the transfer of staff, property, rights and liabilities from the joint fire and rescue board constituted by the scheme to—

(a) any fire and rescue authority; or

(b) any other such board.

(2) Before making an order such as is mentioned in subsection (1), the Scottish Ministers shall consult—

(a) the joint board constituted by the scheme;

(b) the fire and rescue authorities specified in the scheme; and

(c) such other—

(i) fire and rescue authorities; and

(ii) joint fire and rescue boards,

as appear to them likely to be affected.

4 Joint fire and rescue boards: supplementary provision

Schedule 1, which makes provision about joint fire and rescue boards constituted by schemes made under section 2(1), shall have effect.

5 Existing joint fire boards

(1) 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) which is in force immediately before the repeal of those sections by this Act shall continue to have effect notwithstanding that repeal.

(2) A scheme such as is mentioned in subsection (1) shall be taken to be a scheme made under section 2(1); and a joint fire board constituted by such a scheme in respect of an area shall be taken to be a joint fire and rescue board constituted by the scheme for that area.

(3) The Scottish Ministers may by order make provision for and in relation to the transfer to a joint fire and rescue board constituted by a scheme made under section 2(1) of—

(a) any property, rights or liabilities of a joint fire board (“an existing board”) constituted by a scheme such as is mentioned in subsection (1); and

(b) any staff of an existing board.

Meaning of “relevant authority”

6 Meaning of “relevant authority”

In this Act “relevant authority” means—

(a) a fire and rescue authority which is not specified in a scheme made under section 2(1); or

(b) a joint fire and rescue board constituted by such a scheme.

Part 2 Fire and rescue services

Chapter 1 Appointment of Chief Officer

7 Appointment of Chief Officer

(1) Each relevant authority shall appoint a person to be known as a Chief Officer.

(2) A Chief Officer shall be responsible to the relevant authority for the discharge of the functions conferred on the authority by virtue of this Act by any person employed by the authority for the purpose of discharging those functions.

Chapter 2 Principal fire and rescue functions

8 Fire safety

(1) Each relevant authority shall make provision for the purpose of promoting fire safety in its area.

(2) In making provision under subsection (1) a relevant authority shall in particular, to the extent that the authority considers it reasonable to do so, make arrangements for—

(a) the provision of information, publicity and encouragement in respect of the steps to be taken to prevent—

(i) fires; and

(ii) death or injury by fire;

(b) the giving of advice, on request, about—

(i) how to prevent fires and restrict their spread in buildings and other property; and

(ii) the means of escape from buildings and other property in the event of fire.

9 Fire-fighting

(1) Each relevant authority shall make provision for the purpose of—

(a) extinguishing fires in its area; and

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

(2) In making provision under subsection (1) a relevant authority shall in particular—

(a) secure the provision of the personnel, services and equipment necessary to meet efficiently all normal requirements;

(b) secure the provision of training for personnel;

(c) make arrangements for—

(i) dealing with calls for help; and

(ii) summoning personnel,

in the event of fire;

(d) make arrangements for obtaining information required or likely to be required for the purpose mentioned in that subsection;

(e) make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose mentioned in that subsection.

10 Road traffic accidents

(1) Each relevant authority shall make provision for the purpose of—

(a) rescuing persons in the event of road traffic accidents in its area; and

(b) to the extent that it considers it reasonable to do so, protecting persons from serious harm in the event of road traffic accidents in its area.

(2) In making provision under subsection (1) a relevant authority shall in particular—

(a) secure the provision of the personnel, services and equipment necessary to meet efficiently all normal requirements;

(b) secure the provision of training for personnel;

(c) make arrangements for—

(i) dealing with calls for help; and

(ii) summoning personnel,

in the event of road traffic accidents;

(d) make arrangements for obtaining information required or likely to be required for the purpose mentioned in that subsection;

(e) make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose mentioned in that subsection.

11 Conferral of functions in relation to other emergencies

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

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

(a) a fire; or

(b) a road traffic accident,

in the area of the specified authority.

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

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

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

(c) requiring or authorising the specified authority—

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

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

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

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

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

Chapter 3 Ancillary functions

12 Emergency directions

(1) The Scottish Ministers may issue a direction (an “emergency direction”) requiring a relevant authority to—

(a) take such action; or

(b) refrain from taking such action,

in relation to a fire, or emergency of another kind, as is specified in the direction.

(2) An emergency direction may require an authority to act outwith its area.

(3) An emergency direction may be varied or revoked by a further such direction.

13 Power to respond to other eventualities

(1) A relevant authority may take any action it considers appropriate—

(a) in response to an event or situation that causes or is likely to cause—

(i) a person to die, be injured or become ill; or

(ii) harm to the environment (including the life and health of plants and animals and the fabric of buildings); or

(b) for the purpose of enabling it to take action in response to such an event or situation.

(2) The power conferred by subsection (1)—

(a) includes power to secure the provision of equipment; and

(b) may be exercised by an authority within or outwith its area.

14 Provision of other services

(1) A relevant authority may provide—

(a) the services of any persons employed by it; or

(b) any equipment maintained by it,

to any person for any purpose that appears to the authority to be appropriate.

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

15 Provision of centres for education and training

A relevant authority may establish and maintain one or more centres for providing education and training in matters in relation to which relevant authorities have functions.

16 Charging

(1) The Scottish Ministers may by order (a “charging order”) authorise a relevant authority to charge a person of a description specified in the order for any action so specified taken by the authority.

(2) A charging order may authorise a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by the authority.

(3) A charging order may authorise charging for—

(a) extinguishing fires;

(b) protecting life; or

(c) protecting property in the event of fires,

only in respect of action taken by the authority at sea (or, if the authority’s area extends to the low water mark, action taken at sea outwith its area).

(4) Where a relevant authority authorised by a charging order to charge for taking action of a particular description decides to do so—

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

(b) different amounts may be charged in different circumstances (and the authority may charge nothing).

(5) In setting the amount of a charge, a relevant authority shall secure that, taking one financial year with another, the authority’s income from charges does not exceed the cost to the authority of taking the action for which the charges are imposed.

(6) In subsection (5) “financial year” means the period of 12 months ending on 31 March.

Chapter 4 Water supply

Supply and use of water

17 Duty to secure water supply

(1) A relevant authority shall take all reasonable measures for securing that an adequate supply of water will be available for the authority’s use for the purposes mentioned in subsection (2).

(2) Those purposes are—

(a) extinguishing fires in the area of the authority;

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

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

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

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

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

18 Use of water

(1) Subject to—

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

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

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

(2) A relevant authority shall pay reasonable compensation for water used by virtue of subsection (1).

19 Agreements in relation to water supply

(1) For the purposes of section 17, a relevant authority may—

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

(b) enter into an agreement to—

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

(ii) improve access to any such water;

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

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

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

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

20 Emergency supply by Scottish Water

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

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

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

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

Fire hydrants

21 Fire hydrants: provision etc.

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

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

(a) a notice; or

(b) a distinguishing mark.

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

(4) The expenses incurred by Scottish Water under subsection (2) in relation to a hydrant shall be borne by the relevant authority in whose area the hydrant is located.

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

(a) fire hydrants provided by Scottish Water; and

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

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

22 Fire hydrants: recovery of costs

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

(2) After section 21 insert—

The Scottish Ministers may by regulations make provision as to—

(a) the persons (other than Scottish Water) from whom; or

(b) the circumstances in which,

fire authorities may recover costs defrayed under section 21 of this Schedule.”.

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

23 Fire hydrants: offences

(1) A person who—

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

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

shall be guilty of an offence.

(2) Those purposes are—

(a) fire-fighting;

(b) any other purpose of a relevant authority;

(c) any purpose authorised by Scottish Water.

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

Works affecting supply and hydrants

24 Notice of works affecting water supply and fire hydrants

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

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

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

(b) in any other case, 6 weeks.

(3) A person who proposes to carry out works affecting a fire hydrant shall give at least 7 days' notice in writing to the relevant authority in whose area the hydrant is situated.

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

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

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

Chapter 5 Powers of employees and constables

Powers in emergencies

25 Powers of authorised employees in relation to emergencies

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

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

(i) extinguishing the fire; or

(ii) protecting life or property;

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

(i) rescuing people; or

(ii) protecting them from serious harm;

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

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

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

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

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

(c) force open and enter a lockfast vehicle;

(d) close a road;

(e) stop and regulate traffic;

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

26 Powers of constables in relation to fires

(1) A constable may—

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

(i) extinguishing the fire; or

(ii) protecting life or property; and

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

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

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

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

(c) force open and enter a lockfast vehicle;

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

Obtaining information

27 Powers of authorised employees in relation to obtaining information

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

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

(a) enter premises by force; or

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

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

(a) that—

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

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

the sheriff or justice may issue a warrant authorising the employee to enter the premises by force at any reasonable time; or

(b) that it is necessary for the employee to enter premises for the purposes of subsection (1) without giving notice as required by subsection (2)(b), the sheriff or justice may issue a warrant authorising the employee to enter the premises at any time (by force if necessary).

(4) If an authorised employee exercises a power of entry by virtue of this section, the employee may—

(a) take onto the premises—

(i) such other persons; and

(ii) such equipment,

as the employee considers necessary; and

(b) require any person present on the premises to provide the employee with any—

(i) facilities, information, documents or records; or

(ii) other assistance,

that the employee may reasonably request.

(5) An authorised employee exercising a power of entry by virtue of this section shall, if so required, produce the items mentioned in subsection (6)—

(a) before entering the premises; or

(b) at any time before leaving the premises.

(6) Those items are—

(a) evidence of the employee’s authorisation for the purpose of this section; and

(b) any warrant under subsection (3)(a) or (b).

28 Giving of notices required by section 27

(1) The notice required by section 27(2)(b) may be given—

(a) by delivering it to the occupier of the dwelling;

(b) by leaving it for that person at the dwelling; or

(c) by sending it by post to that person at the dwelling.

(2) If the name or address of the person to whom notice under section 27(2)(b) is required to be given cannot be ascertained after reasonable inquiry, the notice may be given—

(a) by leaving it in the hands of a person who is, or appears to be, resident in the dwelling; or

(b) by leaving it fixed to a conspicuous part of the dwelling.

29 Powers of authorised employees in relation to investigating fires

(1) An employee of a relevant authority who is authorised in writing by the authority for the purposes of this section (an “authorised employee”) may, at any reasonable time (by force if necessary), enter premises in which there has been a fire for the purpose of investigating—

(a) what caused the fire; or

(b) why it progressed as it did.

(2) If an authorised employee exercises the power mentioned in subsection (1) the employee may—

(a) take onto the premises—

(i) such other persons; and

(ii) such equipment,

as the employee considers necessary;

(b) inspect and copy any documents or records on the premises or remove them from the premises;

(c) carry out any inspections, measurements and tests in relation to—

(i) the premises; or

(ii) an article or substance found on the premises,

that the employee considers necessary;

(d) take samples of an article or substance found on the premises (but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation);

(e) dismantle an article found on the premises (but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation);

(f) take possession of an article or substance found on the premises and retain it for as long as is necessary for the purpose of—

(i) examining it and doing anything the employee has power to do under paragraph (c) or (e);

(ii) ensuring that it is not tampered with before the employee’s examination of it is completed; or

(iii) ensuring that it is available for use as evidence in proceedings for an offence relevant to the investigation;

(g) require a person present on the premises to provide the employee with any—

(i) facilities, information, documents or records; or

(ii) other assistance,

that the employee may reasonably request.

(3) An authorised employee exercising the power mentioned in subsection (1) shall, if so required, produce evidence of the employee’s authorisation for the purpose of this section—

(a) before entering the premises; or

(b) at any time before leaving the premises.

(4) If an authorised employee exercises the power in subsection (2)(d) the employee shall—

(a) leave a notice at the premises with a responsible person (or, if that is impracticable, fixed in a prominent position) giving particulars of the article or substance and stating that the employee has taken a sample of it; and

(b) if it is practicable to do so, give such a person at the premises a portion of the sample marked in a manner sufficient to identify it.

(5) If an authorised employee exercises the power in subsection (2)(f) the employee shall leave a notice at the premises (either with a responsible person or if that is impracticable fixed in a prominent position) giving particulars of the article or substance and stating that the employee has taken possession of it.

(6) This section shall apply in relation to vehicles as it applies in relation to premises; but subject to the following modifications—

(a) the power conferred by subsection (1) includes power to enter premises in which a vehicle in which there has been a fire is being kept;

(b) the power conferred by paragraph (a) of subsection (2) includes power to take persons and equipment to the place where a vehicle is; and

(c) references to premises in subsections (2)(g) and (3) to (5) include references to premises in which vehicles are kept.

(7) In this section “premises” includes land.

30 Exercise of powers under sections 27 and 29: securing of premises

An employee of a relevant authority who, by virtue of section 27 or 29, enters premises—

(a) which are unoccupied; or

(b) from which the occupier is temporarily absent,

and who is authorised to do so by virtue of those sections shall on departure leave the premises as effectively secured against unauthorised entry as the employee found them.

31 Sections 27 and 29: offences

(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.

Use of information

32 Use of commercially sensitive information

(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.

Chapter 6 Mutual assistance etc.

Assistance in discharge of functions

33 Reinforcement schemes

(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.

34 Directions about reinforcement schemes

(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