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SCOTTISH STATUTORY INSTRUMENTS


2005 No. 342

FIRE AND RESCUE SERVICES

The Fire (Additional Function) (Scotland) Order 2005

  Made 7th June 2005 
  Laid before the Scottish Parliament 10th June 2005 
  Coming into force in accordance with article 1

The Scottish Ministers, in exercise of the powers conferred by section 11 of the Fire (Scotland) Act 2005[1], and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement
     1. This Order may be cited as the Fire (Additional Function) (Scotland) Order 2005 and shall come into force on the day on which section 11 of the Fire (Scotland) Act 2005 comes into force.

Interpretation
    
2. —(1) In this Order–

    (2) Any reference in this Order to protecting people from serious harm shall be construed as a reference to protecting persons from death, serious injury or serious illness.

Chemical, biological, radiological or nuclear incident
    
3. For the purpose of enabling action to be taken in the event of a chemical, biological, radiological or nuclear incident in its area, a specified authority shall–

Search and rescue
    
4. —(1) A specified authority shall make provision for the purpose of rescuing persons who may be trapped and protecting them from serious harm in the event of–

in its area.

    (2) The function conferred by paragraph (1) shall not apply where it is reasonable for a specified authority to conclude that another person with search and rescue functions or specialist search and rescue capabilities can make satisfactory provision for the emergency in connection with which the function is conferred.

Serious flooding
    
5. A specified authority shall make provision for the purpose of–

in the event of serious flooding in its area.

Serious transport incidents
    
6. A specified authority shall make provision for the purpose of rescuing people trapped by wreckage and debris and protecting them from serious harm in the event of a serious transport incident in its area.

Responding to emergencies outwith a relevant authority's area
    
7. —(1) This article applies where–

    (2) Where this article applies, a specified authority is required, to the extent that it is reasonable to do so, to use its specialist resources in the area of the second authority to deal with the emergency.

    (3) In this article, "specialist resources" means resources maintained for the purpose of discharging functions conferred by this Order, including any personnel who have received specialist training for that purpose.

Nature of provision for emergencies
    
8. —(1) For the purpose of carrying out its functions under this Order, a specified authority shall in particular–


HUGH HENRY
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
7th June 2005



EXPLANATORY NOTE

(This note is not part of the Order)


The functions of fire and rescue authorities and joint fire and rescue boards (together defined as "relevant authorities" in section 6 of the Fire (Scotland) Act 2005 (asp 5) ("the 2005 Act")) are set out in sections 8 to 11 of the 2005 Act.

This Order specifies those additional functions relating to emergencies which are to be conferred on relevant authorities. The authorities specified for the purposes of this Order are relevant authorities. In particular, it confers functions on relevant authorities in relation to chemical, biological, radiological or nuclear incidents, search and rescue, serious flooding, and serious transport incidents. Where a relevant authority has specialist resources available to it, including specialist trained personnel, that enable it to discharge its functions under this Order in relation to a particular type of emergency, article 7 requires the authority to use those resources outwith its own area in response to a request for assistance from another authority where that type of emergency arises. Article 8 stipulates what provision relevant authorities must make for the specified emergency situations.


Notes:

[1] 2005 asp 5.back



ISBN 0 11 069642 5


 © Crown copyright 2005

Prepared 16 June 2005


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