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Scottish Statutory Instruments

2010 No. 393

Fire Safety

The Fire Safety (Scotland) Amendment Regulations 2010

Made

10th November 2010

Laid before the Scottish Parliament

12th November 2010

Coming into force

21st January 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 58(1) of the Fire (Scotland) Act 2005(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Fire Safety (Scotland) Amendment Regulations 2010 and come into force on 21st January 2011.

Amendment of the Fire Safety (Scotland) Regulations 2006

2.  After regulation 20 (training) of the Fire Safety (Scotland) Regulations 2006(2) insert―

Capabilities

20A.  An employer with duties under section 53 must, when entrusting tasks to an employee, take into consideration the employee’s capabilities as regards health and safety, so far as those capabilities relate to fire and are relevant to those tasks..

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

10th November 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Fire Safety (Scotland) Regulations 2006 (“the 2006 Regulations”) which, among other things, place duties on employers in relation to fire safety in the workplace.

Regulation 2 inserts regulation 20A into the 2006 Regulations and places a duty on employers to consider the capabilities of their employees in relation to fire safety when entrusting any tasks to them.

These Regulations implement Article 6(3)(b) of Council Directive 89/391/EEC of 12th June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (O.J. No. L 183, 29.6.1989, p.1).