Scottish Fire And Rescue Service: strategic enforcement guidance

Powers And Duties

3. Section 61 of the 2005 Act provides for SFRS to be an enforcing authority for the fire safety legislative regime introduced by Part 3 of the 2005 Act and associated regulations. The regime seeks principally to ensure the safety of persons in workplaces and other non-domestic premises in the event of fire. This enforcement function is not as wide ranging as other community safety activities and SFRS must operate within the limitations laid down in the legislation.

4. Section 35 of the 2005 Act allows SFRS to enter into arrangements for the provision of assistance in carrying out a function conferred by section 61. Section 36 of the 2005 Act allows SFRS to enter into arrangements with others for the performance of a function conferred by section 61. It is therefore for SFRS to determine to what extent, if any, it wishes to make arrangements for the carrying out of these functions by others or arrange assistance from others, under section 35 or 36, whether on a collaborative basis or otherwise.

5. Policies for enforcement of the Chapter 1 duties should reflect the fact that activities should be risk based. It is for SFRS to decide how the policy will form part of its wider community risk management plan and for it to show how its enforcement activities contribute to the plan.

6. The fire safety enforcement role should be balanced with wider premises based community safety activity. In determining this wider community safety role, SFRS may take into account a number of factors such as strategic importance of premises, potential heritage loss, potential environmental damage, service demand reduction, fire-fighting activities and community losses. However, in determining a policy for the enforcement of Chapter 1 duties, only the safety of relevant persons in event of fire should influence this policy.