Search Legislation

The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) (No. 2) Order 2006

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Article 2(1)

SCHEDULE 1

MODIFICATION OF STATUTORY INSTRUMENTS

The Safety Representatives and Safety Committees Regulations 1977 (S.I. 1977/500)

1.  In regulation 4A of the Safety Representatives and Safety Committees Regulations 1977(1) (employer’s duty to consult and provide facilities and assistance), in paragraph (1)(b) for “or regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997” substitute “or regulation 12(3)(b) of the Fire Safety (Scotland) Regulations 2006”.

The Dangerous Substances in Harbour Areas Regulations 1987 (S.I. 1987/37)

2.  In paragraph (1) of Regulation 30 of the Dangerous Substances in Harbour Areas Regulations 1987(2) (storage tanks) for “the appropriate relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” substitute–

(i)the appropriate enforcing authority (as defined in section 61(9) of the Fire (Scotland) Act 2005 (asp 5)) where Part 3 of that Act applies to the harbour or harbour area within which the storage tank is situated; or

(ii)in any other case, the appropriate relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005) for the area in which the harbour or harbour area is situated,.

The Health and Safety (Consultation with Employees) Regulations 1996 (S.I. 1996/1513)

3.  In regulation 3 of the Health and Safety (Consultation with Employees) Regulations 1996(3) (duty of employer to consult), in paragraph (b) for “or regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997” substitute “or regulation 12(3)(b) of the Fire Safety (Scotland) Regulations 2006(4)”.

The Construction (Health, Safety and Welfare) Regulations 1996 (S.I. 1996/1592)

4.  For regulation 33 of the Construction (Health, Safety and Welfare) Regulations 1996(5) (enforcement in respect of fire) substitute–

Enforcement in respect of fire

33.(1) Subject to paragraph (2), the enforcing authority as defined in section 61 of the Fire (Scotland) Act 2005 (asp 5) is the enforcing authority as regards–

(a)regulations 19 and 20 in so far as those regulations relate to fire; and

(b)regulation 21,

in respect of a construction site which is contained within, or forms part of, premises which are occupied by persons other than those carrying out the construction work or any activity arising from such work.

(2) Paragraph (1) only applies in respect of premises to which Part 3 of the Fire (Scotland) Act 2005 applies..

The Residential Establishments – Child Care (Scotland) Regulations 1996 (S.I. 1996/3256)

5.—(1) Regulation 9 of the Residential Establishments – Child Care (Scotland) Regulations 1996(6) is amended as follows.

(2) In paragraph (1)–

(a)at the beginning, insert “Subject to paragraph (4),”; and

(b)omit “a” where it first occurs.

(3) In paragraph (2) at the beginning insert “Subject to paragraph (4),”.

(4) After paragraph (3) insert–

(4) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to any residential establishment, paragraphs (1) and (2) shall not apply..

MODIFICATION OF SCOTTISH STATUTORY INSTRUMENTS

The Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 (S.S.I. 2002/114)

6.  In regulation 19 of the Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002(7) (records), after paragraph (3) insert–

(3A) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to premises in which providers are providing services–

(i)paragraph (3)(b) shall apply as if “an” was substituted for “a fire or other”; and

(ii)paragraph (3)(c) shall apply as if “fire drills and” were omitted..

Article 2(2)

SCHEDULE 2REVOCATIONS

TitleReferenceExtent of revocation
The Fire Certificates (Special Premises) Regulations 1976S.I. 1976/2003The whole Regulations.
The Electrical Luminous Tube Signs (Scotland) Regulations 1990S.I. 1990/683The whole Regulations.
The Health and Safety (Safety Signs and Signals) Regulations 1996S.I. 1996/341Regulation 7(a)(i).
The Fire Precautions (Workplace) Regulations 1997S.I. 1997/1840The whole Regulations, subject to the saving made in article 3.
The Fire Precautions (Workplace) (Amendment) Regulations 1999S.I. 1999/1877The whole Regulations.
The Management of Health and Safety at Work Regulations 1999S.I. 1999/3242

In each of regulations 1(2), 3(1), 7(1), 11(1)(a), 11(1)(b), 12(1)(b) the words “and by Part II of the Fire Precautions (Workplace) Regulations 1997”.

In regulation 10(1)(c) from “and the measures” to “Regulations 1997”.

In regulation 10(1)(d) from “and regulation” to “Regulations 1997”.

In regulations 11(2) and 12(2) the words in brackets.

Regulation 28.

(1)

S.I. 1977/500; relevant amendments were made by S.I. 1997/1840 and 1999/3242.

(2)

S.I. 1987/37; relevant amendments were made by S.S.I. 2005/344.

(3)

S.I. 1996/1513; relevant amendments were made by S.I. 1997/1840 and 1999/3242.

(5)

S.I. 1996/1592; relevant amendments were made by S.S.I. 2005/344.

(6)

S.I. 1996/3256; relevant amendments were made by S.S.I. 2005/344.

(7)

S.S.I. 2002/114; to which there are amendments not relevant to this Order.

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

Opening Options

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

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 made 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