The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006

Made: 28th September 2006

Coming into force in accordance with article 1

The Scottish Ministers in exercise of the powers conferred by sections 87 and 88(2) of the Fire (Scotland) Act 2005[^f00001], and of all other powers enabling them in that behalf, hereby make the following Order a draft of which has, in accordance with section 88(4) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation and commencement

1

This Order may be cited as the Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 and shall come into force on 1st October 2006 or, if this Order has not been made by 30th September 2006, on the day after the day on which it is made.

Consequential amendments and repeals

2

• (1) The enactments referred to in Schedule 1 are amended in accordance with that Schedule.

• (2) Subject to articles 3 and 4, the enactments specified in column 1 of the table in Schedule 2 are repealed to the extent specified in the corresponding entry in column 2 of that table.

Saving for prohibition notices under section 10 of the Fire Precautions Act 1971

3

Notwithstanding the repeal by this Order of section 10 of the Fire Precautions Act 1971[^f00002], a prohibition notice served under subsection (2) of that section shall–

• (a) remain in effect, and

• (b) be deemed to be, and treated as if it were, a prohibition notice (as defined in subsection (4) of section 63 of the Fire (Scotland) Act 2005) served under that section.

Saving for regulations under section 12 of the Fire Precautions Act 1971

4

Notwithstanding the repeal by this Order of section 12 of the Fire Precautions Act 1971, the Fire Precautions (Sub-surface Railway Stations) Regulations 1989[^f00003]shall remain in force and shall have effect as if made under section 58 of the Fire (Scotland) Act 2005.

SCHEDULE 1 — MODIFICATIONS OF PUBLIC GENERAL ACTS

The Celluloid and Cinematograph Film Act 1922 (c. 35)

1

In section 2[^f00004] of the Celluloid and Cinematograph Film Act 1922 (purposes to which the Act applies), in paragraph (iv) of the proviso, for the words “the Fire Precautions (Workplace) Regulations 1997” substitute “Part 3 of the Fire (Scotland) Act 2005 (asp 5)”.

The Pet Animals Act 1951 (c. 35)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Caravan Sites and Control of Development Act 1960 (c. 62)

3

• (1) The Caravan Sites and Control of Development Act 1960 is amended as follows.

• (2) In section 5 (power of local authority to attach conditions to site licences)–

• (a) after subsection (2) insert–

(2A) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to the land, no condition shall be attached to a site licence which relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part.

; and

• (b) after subsection (6) insert–

(6A) No model standards may be specified under subsection (6) as respects land in relation to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies if the standards relate to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part.

• (3) In section 8 (power to alter conditions attached to site licences), after subsection (1) insert–

(1A) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the land to which a site licence relates, no alteration under subsection (1) may be made so as to add a new condition to, or vary an existing condition of, the site licence if the new condition or, as the case may be, existing condition as varied relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part.

The Theatres Act 1968 (c. 54)

4

• (1) The Theatres Act 1968 is amended as follows.

• (2) In section 12 (licensing of premises for public performance of plays), after subsection (3) insert–

(3A) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to premises, no term which relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part shall be included in a licence granted under this Act in respect of those premises.

• (3) In Schedule 1 (provisions with respect to licences), in paragraph 1(1), for “section 1(2)” substitute “sections 1(2) and 12(3A)”.

The Gaming Act 1968 (c. 65)

5

• (1) The Gaming Act 1968 is amended as follows.

• (2) In section 43 (rights of entry and related rights), in subsection (9)[^f00006] for the words from “relevant authority” to “(asp 5))” substitute “appropriate fire and rescue authority”.

• (3) In section 52, in subsection (1), after the definition of “the Act of 1963” insert–

• “the appropriate fire and rescue authority”, in relation to premises, means–where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the premises, the enforcing authority (as defined in section 61(9) of that Act of 2005);in any other case, the relevant authority (as defined in section 6 of that Act of 2005) for the area where the premises are (or are to be) situated;”.

• (4) In Schedule 2 (grant, renewal, cancellation and transfer of licences)–

• (a) for the words “the appropriate authority” wherever they appear, substitute “the appropriate fire and rescue authority”;

• (b) in paragraph 20–

• (i) in sub-paragraph (1), after paragraph (a) insert–

(aa) where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the relevant premises, that any requirements or prohibitions imposed by virtue of that Part have not been complied with in respect of the relevant premises;

• (ii) after sub-paragraph (2) insert–

(2A) For the purposes of sub-paragraph (1), a person shall be taken not to be a fit and proper person to be the holder of a licence under this Act if he has been convicted of an offence by virtue of any provision of Part 3 of the Fire (Scotland) Act 2005 (asp 5) in respect of the relevant premises.

; and

• (c) in paragraph 65(2)(d), for the words “appropriate fire authority” substitute “appropriate fire and rescue authority”.

The Health and Safety at Work etc. Act 1974 (c. 37)

6

In section 23 of the Health and Safety at Work etc. Act 1974 (supplementary provisions about notices), in subsection (4)[^f00007], for the words from “the authority” to the end of that subsection substitute the following–

(a) where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the premises, the enforcing authority (as defined in section 61(9) of that Act); (b) in any other case, the relevant authority (as defined in section 6 of that Act) for the area where the premises are (or are to be) situated.

The Safety of Sports Grounds Act 1975 (c. 52)

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• (1) The Safety of Sports Grounds Act 1975 is amended as follows.

• (2) In section 2 (contents of safety certificates), after subsection (2A)[^f00008] insert–

(2B) No condition of a safety certificate shall require a person to contravene any provision of Part 3 of the Fire (Scotland) Act 2005 (asp 5) or regulations made by virtue of that Part.

• (3) In section 4 (amendment etc. of certificates)–

• (a) after subsection (1) insert–

(1A) The local authority shall, if it appears to them that a safety certificate would require a person to contravene any provision of Part 3 of the Fire (Scotland) Act 2005 (asp 5) or regulations made by virtue of that Part, amend the safety certificate by notice in writing to its holder so as to remove the requirement.

; and

• (b) in subsection (4) after “(1)(a)” insert “or (1A)”.

• (4) After section 4 insert–

(4A) A safety certificate has no effect to the extent that it would require a person to contravene any provision of Part 3 of the Fire (Scotland) Act 2005 (asp 5) or regulations made by virtue of that Part.

• (5) In subsection (1) of section 9 (exclusion of other statutory requirements), in paragraph (e), for “those terms and conditions” substitute “the terms and conditions of the safety certificate”.

The Licensing (Scotland) Act 1976 (c. 66)

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• (1) The Licensing (Scotland) Act 1976 is amended as follows.

• (2) In subsection (1) of section 16 (objections in relation to applications), in paragraph (e)[^f00009] at the beginning insert “where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to the premises, the enforcing authority or, in any other case,”.

• (3) In section 23 (special provisions relating to applications for a new licence)–

• (a) in subsection (5)[^f00010], for the words from “the”, where it third occurs, to the end of the subsection substitute–

(a) where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies (or, in the case of an application for the provisional grant of a licence in respect of premises whose construction is to be completed, would apply) to the premises to which the new licence relates, the enforcing authority; (b) in any other case, the fire and rescue authority for the area in which the premises are, or (as the case may be) will be, situated.

; and

• (b) in subsection (6)[^f00011], after “with” insert “the enforcing authority or, as the case may be,”.

• (4) In section 24 (special provisions relating to applications for renewal of a licence), in subsection (1)[^f00012], for the words from “the”, where it third occurs, to the end of the subsection substitute–

(a) where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to the premises to which the application for such renewal relates, the enforcing authority; (b) in any other case, the fire and rescue authority for the area in which those premises are situated.

• (5) In section 35 (consent of licensing board for reconstruction etc. of certain licensed premises), in subsection (3), for the words from “the”, where it second occurs, to the end of the subsection substitute–

(a) where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to premises in respect of which such consent is sought, the enforcing authority; (b) in any other case, the fire and rescue authority for the area in which those premises are situated.

• (6) In section 105 (procedure on application for grant or renewal of certificate of registration), in subsection (3), for paragraph (c) substitute–

(c) where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to the premises to which the application relates, the enforcing authority or, in any other case, the fire and rescue authority for the area in which those premises are situated.

• (7) In section 139(1), after the definition of “enactment” insert–

• “enforcing authority” has the meaning given by section 61(9) of the Fire (Scotland) Act 2005 (asp 5);”.

The Local Government, Planning and Land Act 1980 (c. 65)

9

In subsection (1) of section 152 of the Local Government, Planning and Land Act 1980 (fire precautions and home insulation), for paragraph (a)[^f00013] substitute–

(a) the functions under Part 3 of the Fire (Scotland) Act 2005 (asp 5) of an enforcing authority (as defined in section 61(9) of that Act);

The Zoo Licensing Act 1981 (c. 37)

10

• (1) Section 3 of the Zoo Licensing Act 1981 (consideration of application for licence) is amended as follows.

• (2) In subsection (2), for paragraph (c)[^f00014] substitute–

(c) the appropriate authority

• (3) After subsection (2), insert–

(3) In subsection (2) “the appropriate authority” means– (a) where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the zoo– (i) the enforcing authority within the meaning of section 61(9) of that Act, and (ii) the relevant authority (as defined in section 6 of that Act) in whose area the zoo or any part of it is, or is to be, situated if that authority is not the enforcing authority mentioned in sub-paragraph (i); (b) in any other case, the relevant authority in whose area the zoo or any part of it is, or is to be, situated.

The Civic Government (Scotland) Act 1982 (c. 45)

11

• (1) The Civic Government (Scotland) Act 1982 is amended as follows.

• (2) In section 89 (safety of platforms etc.), for subsection (4)[^f00015] substitute–

(4) Where– (a) Part 3 of the Fire (Scotland) Act 2005 (asp 5) (“the 2005 Act”) applies in relation to the premises where the raised structure is situated; and (b) the local authority are not the enforcing authority (as defined in section 61(9) of the 2005 Act), the local authority shall consult the enforcing authority before making their decision under subsection (3)(b) above. (4A) Where– (a) Part 3 of the 2005 Act does not apply in relation to the premises where the raised structure is situated; and (b) the local authority are not the appropriate relevant authority, the local authority shall consult the appropriate relevant authority before reaching their decision under subsection (3)(b) above. (4B) In subsection (4A) “appropriate relevant authority” means a relevant authority (as defined in section 6 of the 2005 Act) discharging in the area of the local authority the functions of a relevant authority under that Act.

• (3) In section 93 (fire precautions in common stairs etc.)–

• (a) in subsection (3), at the beginning insert–

• Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the common property, an enforcement officer appointed under section 61(3) of that Act or, in any other case,

• (b) in subsection (4), at the beginning insert–

• Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the common property, the enforcing authority or, in any other case,

• (c) in subsection (6), after “by”, where it first occurs, insert “an enforcing authority or”; and

• (d) in subsection (7)[^f00016], at the beginning insert “The enforcing authority or, as the case may be,”.

• (4) In section 98[^f00017] (luminous tube signs), after subsection (1) insert–

(1A) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to premises where there is an electrical luminous tube sign, paragraphs (a), (b) and (c) of subsection (1) above apply as if references to the appropriate relevant authority were references to the enforcing authority.

• (5) In section 133, after “requires–” insert–

• “enforcing authority” has the meaning given by section 61(9) of the Fire (Scotland) Act 2005 (asp 5)

• (6) In Schedule 1[^f00018] (licensing – further provisions as to the general system)–

• (a) in sub-paragraph (1) of paragraph 2, for “in premises” substitute–