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36. The enforcing authority for regulations 30 and 31 (so far as those regulations relate to fire) and regulation 32, in respect of a construction site which is contained within or forms part of premises occupied by persons other than those carrying out construction work, or any activity related to this work, is—
(a)in England and Wales, the enforcing authority within the meaning of article 25 of the Regulatory Reform (Fire Safety) Order 2005(1) in respect of premises to which that Order applies; or
(b)in Scotland, the enforcing authority within the meaning of section 61 of the Fire (Scotland) Act 2005(2) in respect of premises to which Part 3 of that Act applies.
S.I. 2005/1541. Article 25 was amended by paragraphs 87 and 88 of Part 5 of Schedule 12 to the Energy Act 2013 (c.32).
2005 asp 5. Section 61 was amended by section 103(1)(a)(i) and (ii) and (b) and Part 2 of Schedule 8 to the Police and Fire Reform (Scotland) Act 2012 (asp 8);paragraph 86 of Part 5 of Schedule 12 to the Energy Act 2013; S.I. 2005/2060 and S.I. 2008/960. Section 78 which sets out the meaning of “relevant premises” to which Part 3 of the legislation applies was amended by paragraph 23 of Part 1 of Schedule 6 and Schedule 7 to the Housing (Scotland) Act 2006 (asp 1);S.I. 2005/2060 and S.S.I. 2005/352, 2011/211, 2011/369 and 2012/332.
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