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Fire (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

Chapter 3Miscellaneous

68Prohibition on charging employees

No employer shall charge, or permit the charging of, any employee of the employer in respect of anything done or provided in pursuance of any of the Chapter 1 duties.

69Civil liability for breach of statutory duty

(1)Subject to subsection (2), nothing in this Part shall be construed as conferring a right of action in any civil proceedings (other than proceedings for recovery of a fine).

(2)Breach of a duty imposed on an employer by virtue of this Part shall, in so far as it causes damage to an employee, confer a right of action on that employee in civil proceedings.

70Consequential restriction of application of Part I of Health and Safety at Work etc. Act 1974

(1)Except as respects its application in relation to the aspects of fire safety set out in paragraph (b) of the sentence on interpretation in Section H2 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46) (reserved matters), Part I of the Health and Safety at Work etc. Act 1974 (c. 37) (“the 1974 Act”) and any regulations and orders made under it shall not apply in relation to fire safety.

(2)Nothing in subsection (1) affects the operation of Part I of the 1974 Act or any such regulations or orders where an enforcing authority is also, for the purposes of that Part or, as the case may be, the regulations or order, an enforcing authority (as defined in section 18(7)(a) of the 1974 Act).

71Suspension of terms and conditions of licences dealing with same matters as this Part

(1)This section applies where—

(a)an enactment provides for the licensing of—

(i)premises; or

(ii)a person in respect of premises;

(b)the authority responsible for issuing licences under such an enactment (the “licensing authority”) is required or authorised to impose terms, conditions or restrictions in connection with the issue of such licences; and

(c)such a licence is required in respect of relevant premises.

(2)A term, condition or restriction imposed in connection with the issue under such an enactment of the licence shall be of no effect in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of this Part.

(3)References in this section to the issue of licences include references to their renewal, transfer or variation.

(4)References in this section to licensing include references to certifying and registering; and “licence” shall be construed accordingly.

(5)This section does not apply where the licensing authority is also (other than by virtue of paragraph (c) of subsection (9) of section 61) the enforcing authority.

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