Search Legislation

Fire (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

65Alterations notices

This section has no associated Explanatory Notes

(1)Where subsection (2) or (3) applies in relation to relevant premises, the enforcing authority may serve an alterations notice on the appropriate person.

(2)This subsection applies where there would be a serious risk to relevant persons in respect of harm caused by fire in the relevant premises.

(3)This subsection applies where—

(a)subsection (2) does not apply; but

(b)if any of the changes mentioned in subsection (5) were made, it is likely that subsection (2) would apply.

(4)An alterations notice is a notice requiring the appropriate person where—

(a)it is proposed that a change mentioned in subsection (5) be made to the relevant premises; and

(b)if made, the change would constitute a serious risk to relevant persons in respect of harm caused by fire in the relevant premises,

to notify the enforcing authority of the change before it is made.

(5)Those changes are—

(a)a change to the relevant premises;

(b)a change to the services, fittings or equipment on the relevant premises;

(c)an increase in the quantities of dangerous substances which are present on the relevant premises; and

(d)a change in the use to which the relevant premises are put (or, where they are put to more than one use, a use to which they are put).

(6)An enforcing authority may include in an alterations notice provision requiring the appropriate person—

(a)to keep records of such information as, by virtue of paragraph (d) of subsection (2) of section 57, is specified in regulations under subsection (1) of that section;

(b)to keep records of arrangements made, in accordance with regulations under section 58(1), for the planning, organisation, control, monitoring or review of the fire safety measures;

(c)if notifying the authority of a proposed change, to give the authority—

(i)a copy of the assessment carried out under section 53 or, as the case may be, 54; and

(ii)a summary of the changes the appropriate person proposes to make to the fire safety measures.

(7)Where an enforcing authority serves an alterations notice on an appropriate person, the authority may, by notice in writing to the appropriate person, withdraw the alterations notice.

(8)In this section, “appropriate person”, in relation to relevant premises, means a person subject to a requirement under section 53 or 54 in relation to the relevant premises.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources