Fire and Rescue Authority (Scotland)
Encyclopedia
A Fire and Rescue Authority ("FRA") is a body constituted under the Fire (Scotland) Act 2005
("FSA 2005") for the purposes of providing and managing fire-fighting and rescue services within a Council Area
or group of such areas in Scotland
.
as defined in s.2 Local Government (Scotland) Act 1994. With the exception of Fife
and of Dumfries and Galloway
, the powers and functions are exercised by joint fire and rescue boards which combine the responsibilities of two or more councils; these boards mostly cover the land areas of the local authorities
which existed in Scotland from 1975 to 1996.
.
As ancillary functions an authority can also take any other action which it deems necessary to save human life, prevent illness or injury to humans or to protect the environment (including any animals, plants and buildings).
An authority may impose a non-profit charge for any service for which the Scottish Ministers have imposed a charging order.
An authority has a duty to take "reasonable measures" to ensure an adequate water supply for most of its own purposes.
An authority has a duty to co-operate (voluntarily or as directed by the Scottish Ministers) by way of a Reinforcement Scheme with other Authorities for purposes of mutual assistance. An Authority may also arrange for persons other than a Fire and Rescue Service to perform some functions subject to the over-riding authority of the Scottish Ministers.
An authorised employee of an authority who is on duty is permitted to do anything which he "reasonably believes" to protect life and/or property. This includes the power to break in to premises or vehicles, move vehicles without the owner's consent, interfere with the free movement of traffic and to prevent people entering any premises or place.
An authorised employee may enter premises and seek information relevant to the Authority's functions. A Sheriff's warrant may be obtained to allow such entry and any associated force if reasonable access is not allowed.
An authorised employee who has entered premises has a duty to leave them no less secure than they were found.
The above are specific to the Fire and Rescue Service Authorities and Joint Boards not to the Fire and Rescue Services
in Scotland which are governed by them.
Fire (Scotland) Act 2005
The Fire Act 2005 is an Act of the Scottish Parliament made 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...
("FSA 2005") for the purposes of providing and managing fire-fighting and rescue services within a Council Area
Council Area
A Council Area is one of the areas defined in Schedule 1 of the Local Government etc. Act 1994 and is under the control of one of the local authorities in Scotland created by that Act.-Legislation :1889...
or group of such areas in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
.
Constitution
A Fire and Rescue Authority is by default the council of a Council AreaCouncil Area
A Council Area is one of the areas defined in Schedule 1 of the Local Government etc. Act 1994 and is under the control of one of the local authorities in Scotland created by that Act.-Legislation :1889...
as defined in s.2 Local Government (Scotland) Act 1994. With the exception of Fife
Fife
Fife is a council area and former county of Scotland. It is situated between the Firth of Tay and the Firth of Forth, with inland boundaries to Perth and Kinross and Clackmannanshire...
and of Dumfries and Galloway
Dumfries and Galloway
Dumfries and Galloway is one of 32 unitary council areas of Scotland. It was one of the nine administrative 'regions' of mainland Scotland created in 1975 by the Local Government etc. Act 1973...
, the powers and functions are exercised by joint fire and rescue boards which combine the responsibilities of two or more councils; these boards mostly cover the land areas of the local authorities
Local government areas of Scotland
Local government areas covering the whole of Scotland were first defined by the Local Government Act 1889. As currently defined, they are a result, for the most part, of the Local Government etc Act 1994....
which existed in Scotland from 1975 to 1996.
Funding
Provision of "equipment, etc." may be made by the Scottish Ministers as they see fit from time to time. In 2002 80% of FRA funding was from Aggregate External Finance (the total of government grants, non-domestic rates and specific grants distributed by the Scottish Government among local authorities as revenue support grant) and 20% from Council TaxCouncil tax
Council Tax is the system of local taxation used in England, Scotland and Wales to part fund the services provided by local government in each country. It was introduced in 1993 by the Local Government Finance Act 1992, as a successor to the unpopular Community Charge...
.
Functions
An authority's principal functions are defined in Chapter 2 of the FSA 2005 and include promotion of fire safety, provision of fire-fighting services, rescue and protection at road traffic accidents and dealing with such other emergencies and matters as they are directed by the Scottish Ministers.As ancillary functions an authority can also take any other action which it deems necessary to save human life, prevent illness or injury to humans or to protect the environment (including any animals, plants and buildings).
Powers and Duties of an Authority
An authority is permitted to provide education and training centres in relation to its functions.An authority may impose a non-profit charge for any service for which the Scottish Ministers have imposed a charging order.
An authority has a duty to take "reasonable measures" to ensure an adequate water supply for most of its own purposes.
An authority has a duty to co-operate (voluntarily or as directed by the Scottish Ministers) by way of a Reinforcement Scheme with other Authorities for purposes of mutual assistance. An Authority may also arrange for persons other than a Fire and Rescue Service to perform some functions subject to the over-riding authority of the Scottish Ministers.
Powers and Duties of an "Authorised Employee" of an Authority
An "authorised employee" is an employee of a relevant authority who is authorised in writing to perform the following functions and actions as specified in various sections of FSA 2005.An authorised employee of an authority who is on duty is permitted to do anything which he "reasonably believes" to protect life and/or property. This includes the power to break in to premises or vehicles, move vehicles without the owner's consent, interfere with the free movement of traffic and to prevent people entering any premises or place.
An authorised employee may enter premises and seek information relevant to the Authority's functions. A Sheriff's warrant may be obtained to allow such entry and any associated force if reasonable access is not allowed.
An authorised employee who has entered premises has a duty to leave them no less secure than they were found.
Government Supervision
The Scottish Ministers are responsible for providing guidance to FRAs regarding their priorities and objectives in carrying out their functions. Inspection of FRAs is carried out by a Chief Inspector of Fire and Rescue Authorities (appointed by an Order in Council), Inspectors and Assistant Inspectors (both the latter appointed by the Scottish Ministers).External links
- Central Scotland Joint Fire and Rescue Board
- Dumfries and Galloway Council
- Fife Council - Police, Fire and Safety Committee
- Grampian Joint Fire and Rescue Board
- Highlands and Islands Fire Board
- Lothian and Borders Fire and Rescue Board
- Strathclyde Fire and Rescue Joint Board
- Tayside Fire and Rescue Board - 2007/2008 Report
The above are specific to the Fire and Rescue Service Authorities and Joint Boards not to the Fire and Rescue Services
Fire services in Scotland
Fire services in Scotland are provided by Fire and Rescue Services each under the control of a Fire and Rescue Authority or a joint fire board ....
in Scotland which are governed by them.