For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outwith the United Kingdom or of a partnership carrying on business outwith the United Kingdom is its principal office within the United Kingdom.

Subsection (5) applies if a person who is to be served by virtue of this Part with any document by another has specified to that other an address within the United Kingdom other than the person's proper address (as determined under subsection (2)) as the one at which the person or someone on the person's behalf will accept documents of the same description as that document.

In relation to that document, that address shall be treated as the person's proper address for the purposes of this section and paragraph 4 of Schedule 1 to the Order in its application to this section, instead of that determined under subsection (2).

The Scottish Ministers may by regulations make provision for or in connection with specifying procedures which must, or may, be followed when serving documents required or authorised by virtue of this Part to be served on any person.

F1Subject to subsection (1A),F1 the provisions of this Part, and of regulations made under it, shall bind the Crown.

No contravention by the Crown of any provision of this Act or of any regulations made under it shall make the Crown criminally liable; but the Court of Session may, on the application of an enforcing authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.

Notwithstanding subsection (2), the provisions of this Part and of regulations made under it shall apply to persons in the public service of the Crown as they apply to other persons.

Nothing in this Part authorises the entry of any relevant premises occupied by the Crown.

Nothing in this section affects Her Majesty in Her private capacity.

This Part shall apply in relation to relevant premises owned or occupied by the Parliamentary corporation as it applies in relation to relevant premises owned or occupied by the Crown.

In this Part, “relevant premises” means any premises other than those mentioned in subsection (2).

In paragraph (a) of subsection (2), “domestic premises” means premises occupied as a private dwelling (including a stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is used in common by the occupants of more than one such dwelling); but does not include premises such as are mentioned in subsection (5).

In subsection (2)(ba) “normal ship-board activities” includes the repair of a ship (other than repair carried out in dry dock).

References in this Part to relevant premises include references to a part of relevant premises.

The Scottish Ministers may by regulations modify subsections (1) to (6).

Where the Scottish Ministers exercise the power in subsection (8), they may by regulations make any modifications of this Part in its application, in consequence of the exercise of that power, to relevant premises specified in the regulations under that subsection that they consider necessary or expedient.

In this Part, unless the context otherwise requires—

• “Chapter 1 duties” means—

  1. a

     the duties imposed by sections 53, 54, 55 and 56; and

  2. b

     any duties imposed by regulations made under section 57 or 58;

• “employee” has the meaning given by section 53(1) of the Health and Safety at Work etc. Act 1974 (c. 37); and related expressions shall be construed accordingly;

• “enforcement officer” means an enforcement officer appointed under section 61(3);

• “enforcing authority” has the meaning given by section 61(9);

• “fire safety measures” shall be construed in accordance with schedule 2;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

• “operational task” means—

  1. a

     a function such as is mentioned in paragraph (a) or (b) of subsection (1) of section 9;

  2. b

     a function such as is mentioned in paragraph (a) or (b) of subsection (1) of section 10; or

  3. c

     a function such as is mentioned in an order under section 11(1);

• “public road” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984 (c. 54);

• “relevant person”, in relation to premises, means—

  1. a

     any person who is, or may be, lawfully in the premises; or

  2. b

     any person—

     1. i

        who is, or may be, in the immediate vicinity of the premises; and

     2. ii

        whose safety would be at risk in the event of fire in the premises;

  but does not include an employee of a relevant authority who is engaged in the performance of an operational task and, in its application to section 54, a person such as is mentioned in subsection (2);

• F12“ship” includes every description of vessel used in navigation and hovercraft within the meaning of the Hovercraft Act 1968 (c. 59) (and, in section 61(9)(za)(iii), includes a ship belonging to Her Majesty which forms part of Her Majesty's Navy);

• F12“work” and “at work” shall be construed in accordance with section 52 of the Health and Safety at Work etc. Act 1974 (c. 37);

• “workplace”, in relation to an employer and the employer's employees, means any relevant premises which are used for the purposes of an undertaking carried on by the employer and made available to an employee of the employer as a place of work; and includes—

  1. a

     any part of those premises to which an employee of the employer has access while at work;

  2. b

     any relevant premises (other than a public road)—

     1. i

        which are a means of access to or egress from the place of work; or

     2. ii

        where facilities are provided for use in connection with the place of work.

The person is, where the person (“the employer”) subject to the requirement to carry out an assessment (or a review) under section 54 is also subject to the requirement to carry out an assessment (or a review) under section 53, any employee of the employer.

For the purposes of section 56 references in the definition of “relevant person” in subsection (1) to premises shall be construed as references to the workplace.