UK Act of Parliament 2005 Scotland

Fire (Scotland) Act 2005

An Act of the Scottish Parliament to make provision about fire and rescue authorities and joint fire and rescue boards; to restate and amend the law in relation to fire services; to make provision in relation to the functions of such authorities and boards in connection with certain events and …

Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 3 of 37 obligations carry up to 2 years imprisonment. 7 carry different penalties and 27 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person10 Employer2 Director or Officer1 Employee1

Plus 23 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Employer — also bound by 682 other Acts
Director or Officer — also bound by 429 other Acts
Employee — also bound by 189 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

The Scottish Fire and Rescue Service

0 of 7 sections shown
Part 2

Fire and rescue services

28 of 71 sections shown
s.008 Fire safety (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SFRS must provide fire safety advice and promotionStatutory regulator
s.009 Fire-fighting (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Fire and Rescue Service must provide fire-fighting servicesStatutory regulator
s.010 Road traffic accidents (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SFRS must provide rescue services for road traffic accidentsStatutory regulator
s.017 Duty to secure water supply (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SFRS must ensure enough water is available for firefighting and emergenciesStatutory regulator
s.020 Emergency supply by Scottish Water (opens in a new tab) Prosecution
  • Fail to provide emergency water supply to fire servicesAny Person

Unlimited fine

s.023 Fire hydrants: offences (opens in a new tab) Prosecution
  • Unauthorised use or damage of fire hydrantsAny Person

Unlimited fine

s.024 Notice of works affecting water supply and fire hydrants (opens in a new tab) Prosecution
  • Fail to notify SFRS of water works or hydrant changesAny Person

Unlimited fine

s.030 Exercise of powers under sections 27 and 29: securing of premises (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SFRS employees must secure premises after entryStatutory regulator
s.031 Sections 27 and 29: offences (opens in a new tab) Prosecution
  • Obstruct an investigation into the cause of a fireAny Person

Fine up to £2,500

s.032 Use of commercially sensitive information (opens in a new tab) Imprisonment
  • Misuse of commercially sensitive informationAny Person
s.039 Assaulting or impeding employees discharging certain functions (opens in a new tab) Imprisonment
  • Assaulting or obstructing fire service employeesAny Person
s.039 Best value: further provision Regulated
Other duties (1) — Crown / regulator
  • Scottish Fire and Rescue Service (SFRS) must follow guidance for 'best value'Statutory regulator
s.040 Framework document (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publish a Fire and Rescue FrameworkCrown / Minister / Government department
s.041 Adherence (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers may intervene if SFRS fails to meet framework standardsCrown / Minister / Government department
s.041 Review of plan Regulated
Other duties (1) — Crown / regulator
  • SFRS must review and update its strategic planLocal authority
s.041 SFRS's duty to have regard to approved plan Regulated
Other duties (1) — Crown / regulator
  • SFRS must follow the approved strategic planStatutory regulator
s.041 Provision of local services Regulated
Other duties (1) — Crown / regulator
  • SFRS must coordinate fire services and involve local councils in planningStatutory regulator
s.041 Local fire and rescue plans Regulated
Other duties (1) — Crown / regulator
  • SFRS must prepare and publish local fire and rescue plansStatutory regulator
s.041 Mandatory review Regulated
Other duties (1) — Crown / regulator
  • Scottish Fire and Rescue Service (SFRS) must review local plansStatutory regulator
s.041 Local Senior Officers Regulated
Other duties (1) — Crown / regulator
  • SFRS must appoint a Local Senior Officer for each local authority areaStatutory regulator
s.041 Annual report Regulated
Other duties (1) — Crown / regulator
  • SFRS must publish and lay an annual performance report before ParliamentStatutory regulator
s.041 Provision of information Regulated
Other duties (1) — Crown / regulator
  • SFRS must provide reports and fire data to Scottish MinistersStatutory regulator
s.042 Directions Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers may give directions to the Fire and Rescue ServiceCrown / Minister / Government department
s.043 Inquiries under section 43B(1): reports Regulated
Other duties (1) — Crown / regulator
  • Chief Inspector must report on fire service inquiries and inform MinistersStatutory regulator
s.043 Inquiries under section 43B(2): reports Regulated
Other duties (1) — Crown / regulator
  • Chief Inspector must report on fire safety inquiries and inform SFRSStatutory regulator
s.043 Inquiry reports: duties of SFRS Regulated
Other duties (1) — Crown / regulator
  • SFRS must review and act on fire inquiry reportsStatutory regulator
s.043 Chief Inspector's plan Regulated
Other duties (1) — Crown / regulator
  • Chief Inspector must publish a plan for fire service inquiriesStatutory regulator
s.043 Co-operation and information-sharing: Auditor General Regulated
Other duties (1) — Crown / regulator
  • Inspectors and Auditor General must coordinate SFRS oversightStatutory regulator
43 other sections in this Part — procedural and definitional
s.016 Exercise of powers at sea: further provision
s.024 Use of electronic communication
s.039 Best value
s.039 Examinations of SFRS by Auditor General
s.041 SFRS's first strategic plan
s.041 Power to review plan
s.041 Provision of information to local authority
s.041 Monitoring by local authority
s.043 Inspectors of SFRS
s.043 Inquiries by Inspectors
Part 3

Fire safety

8 of 28 sections shown
s.053 Duties of employers to employees (opens in a new tab) Imprisonment
  • Protect employees from fire risks and carry out fire assessmentsEmployer
s.054 Duties in relation to relevant premises (opens in a new tab) Regulated
  • Carry out fire risk assessments and implement safety measuresAny Person
s.055 Taking of measures under section 53 or 54: considerations (opens in a new tab) Regulated
  • Apply specific safety principles when implementing fire measuresAny Person
s.056 Duties of employees (opens in a new tab) Regulated
  • Employees must take care regarding fire safety and cooperate with employersEmployee
s.061 Enforcing authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Specified authorities must enforce fire safety duties and follow guidanceStatutory regulator
s.068 Prohibition on charging employees (opens in a new tab) Regulated
  • Do not charge employees for fire safety measuresEmployer
s.073 Offences by bodies corporate and partnerships (opens in a new tab) Imprisonment
  • Personal liability for directors and partners for fire safety offencesDirector or Officer
s.074 Offence due to fault of other person (opens in a new tab) Imprisonment
  • Cause another person to commit a fire safety offenceAny Person
20 other sections in this Part — procedural and definitional
s.077 Application to visiting forces etc.
Part 4

Miscellaneous

1 of 7 sections shown
Part 5

General

0 of 6 sections shown
Schedules

Schedules

0 of 52 shown
52 other schedules
s.sch001 Joint fire and rescue boards: supplementary provision
s.sch001 Joint fire and rescue boards: supplementary provision
s.sch001 Joint fire and rescue boards: supplementary provision
s.sch001a The Scottish Fire and Rescue Service
s.sch001a (1) SFRS— (a) is not a servant or agent of...
s.sch001a (1) SFRS may regulate— (a) its own procedure (including quorum),...
s.sch001a (1) SFRS must ensure that its proceedings and those of...
s.sch001a SFRS must try to ensure that each of its members,...
s.sch001a (1) SFRS may do anything that it considers appropriate for...
s.sch001a (1) SFRS may delegate any of its functions to a...
s.sch001a Any determination by SFRS as to the location of the...
s.sch001a (1) The Scottish Ministers may make grants to SFRS of...
s.sch001a (1) SFRS must— (a) keep proper accounts and accounting records,...
s.sch001a (1) SFRS is to consist of— (a) a member appointed...
s.sch001a (1) A person is disqualified from appointment, and from holding...
s.sch001a (1) A member is to be appointed for a period...
s.sch001a (1) The Scottish Ministers may remove a member from office...
s.sch001a SFRS may pay to its members such remuneration, allowances and...
s.sch001a (1) SFRS must employ a Chief Officer.
s.sch001a (1) SFRS may employ staff. (2) Staff are to be...
s.sch001a (1) SFRS may establish committees for any purpose.
s.sch002 Subject to paragraph 2, the fire safety measures are—
s.sch002 Nothing in paragraph 1 shall be construed as including process...
s.sch003 (1) The Civil Defence Act 1948 shall be amended as...
s.sch003 In subsection (1) of section 2 of the Local Government,...
s.sch003 In section 54 of the Civic Government (Scotland) Act 1982...
s.sch003 In section 87 of the Road Traffic Regulation Act 1984...
s.sch003 In section 82 of the Housing (Scotland) Act 1987 (interpretation...
s.sch003 In the Housing (Scotland) Act 1988— (a) for sub-paragraph (vii)...
s.sch003 In the Schedule (Provisional Order confirmed by Act) to the...
s.sch003 In the Schedule to the Strathclyde Regional Council Order Confirmation...
s.sch003 In subsection (4) of section 43 (guidance as to exercise...
s.sch003 In section 135(1) of the Merchant Shipping Act 1995 (restrictions...
s.sch003 In the Schedule to the Scottish Borders Council (Jim Clark...
s.sch003 In section 37 of the Pipe-lines Act 1962 (persons to...
s.sch003 In paragraph 2 of schedule 1 to the Housing (Scotland)...
s.sch003 For paragraph 13 of schedule 2 to the Scottish Public...
s.sch003 In schedule 1 to the Freedom of Information (Scotland) Act...
s.sch003 (1) The Local Government in Scotland Act 2003 shall be...
s.sch003 In subsection (10) of section 34 of the Fire and...
s.sch003 In section 7 of the Emergency Workers (Scotland) Act 2005...
s.sch003 (1) The Gas Act 1965 shall be amended as follows....
s.sch003 In section 102(4) of the Transport Act 1968 (application to...
s.sch003 In section 63A of the Local Government (Scotland) Act 1973...
s.sch003 In subsection (2)(a) of section 62 of the Control of...
s.sch003 (1) The Local Government (Scotland) Act 1975 shall be amended...
s.sch003 (1) The Licensing (Scotland) Act 1976 shall be amended as...
s.sch003 (1) The Water (Scotland) Act 1980 shall be amended as...

Help complying

Guvnor’s practical routes through this instrument.

5 more guides that reference this instrument

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Fire Safety (Scotland) Regulations 2006 SI 2006 Scottish Statutory Instrument

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.