http://www.legislation.gov.uk/asp/2005/5/section/78/2012-11-29Fire (Scotland) Act 2005An Act of the Scottish Parliament to make provision about fire and rescue authorities and joint fire and rescue boards; to restate and amend the law in relation to fire services; to make provision in relation to the functions of such authorities and boards in connection with certain events and situations other than fires; to make provision for implementing in part Council Directives 89/391/EEC, 89/654/EEC, 91/383/EEC, 94/33/EC, 98/24/EC and 99/92/EC; to make other provision in relation to fire safety in certain premises; and for connected purposes.texttext/xmlenStatute Law Database2018-06-27Expert Participation2012-11-29 Part 3Chapter 5781In this Part, “relevant premises” means any premises other than those mentioned in subsection (2).2Those premises are—adomestic premises;b... ... mines and offshore installations;baships in respect of the normal ship-board activities of a ship's crew which are carried out solely by the crew under the direction of the master;c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .dborehole sites to which the Borehole Sites and Operations Regulations 1995 (S.I. 1995/2038) apply;e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .g. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .hif the undertaking carried on in premises is agriculture or forestry, any land other than buildings which is situated away from the undertaking's buildings.3For the purposes of subsection (1), “premises” includes in particular—aany place;bany installation on land;baships (other than as mentioned in subsection (2)(ba));bbpremises occupied solely for the purposes of the armed forces of the Crown;bcpremises occupied solely by any visiting force or an international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 (c. 5);bdpremises which are situated within premises occupied solely for the purposes of the armed forces of the Crown but which are not themselves so occupied;cany tent or movable structure; anddvehicles other than those mentioned in subsection (6).4In 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).5Those premises are—a a house or other premises which require to be licensed under Part 5 of the Housing (Scotland) Act 2006 (asp 1);bpremises used for the provision of a care home service (as defined in paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010(asp 8));cpremises used for the provision of a school care accommodation service (as defined in paragraph 3 of schedule 12 to the Public Services Reform (Scotland) Act 2010 except where the service is provided as mentioned in sub-paragraph (1)(c)(ii) of that paragraph; dpremises used for the provision of an independent health care service (as defined in section 10F(1) (a) - (d) of the National Health Service (Scotland) Act 1978);epremises used for the provision of a secure accommodation service (as defined in paragraph 6 of schedule 12 to the Public Services Reform (Scotland) Act 2010);f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .gpremises which would fall within paragraph (a) but for there being in force in respect of them a management control order granted by virtue of section 74 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8);hpremises used for the provision of a child minding service (as defined in paragraph 12 of schedule 12 to the Public Services Reform (Scotland) Act 2010).5AIn subsection (2)(ba) “normal ship-board activities” includes the repair of a ship (other than repair carried out in dry dock).6The vehicles referred to in subsection (3)(d) are—aany aircraft, locomotive, rolling stock, trailer or semi-trailer used as a means of transport;bany vehicle for which a licence is in force under the Vehicle Excise and Registration Act 1994 (c. 22);cany vehicle which is exempt from duty under that Act.7References in this Part to relevant premises include references to a part of relevant premises.8The Scottish Ministers may by regulations modify subsections (1) to (6).9Where 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.S. 78 wholly in force at 1.10.2006; s. 78 not in force at Royal Assent see s. 90; s. 78 in force for certain purposes at 6.4.2005 by S.S.I. 2005/207, art. 3; s. 78 in force at 1.10.2006 in so far as not already in force by S.S.I. 2006/458, art. 2(e)Words in s. 78(2)(b) omitted (15.6.2005) by virtue of The Fire (Scotland) Act 2005 (Relevant Premises) Regulations 2005 (S.S.I. 2005/352), reg. 2(a)Words in s. 78(2)(b) omitted (22.7.2005) by virtue of The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(8)(a)(i)S. 78(2)(ba) inserted (22.7.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(8)(a)(ii)S. 78(2)(c) omitted (15.6.2005) by virtue of The Fire (Scotland) Act 2005 (Relevant Premises) Regulations 2005 (S.S.I. 2005/352), reg. 2(b)S. 78(2)(e)-(g) omitted (22.7.2005) by virtue of The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(8)(a)(iii)S. 78(3)(ba)-(bd) inserted (22.7.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(8)(b)Words in s. 78(5)(a) substituted (31.8.2011) by Housing (Scotland) Act 2006 (asp 1), ss. 192(1), 195, Sch. 6 para. 23 (with s. 193); S.S.I. 2010/159, art. 3 (with art. 6)Words in s. 78(5)(b) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 2, Sch. 1 para. 15S. 78(5)(f) repealed (31.8.2011) by Housing (Scotland) Act 2006 (asp 1), ss. 192(2), 195, Sch. 7 (with s. 193); S.S.I. 2010/159, art. 3S. 78(5A) inserted (22.7.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), arts. 1(2)(d)(e), 2(8)(c)Words in s. 78(5)(c) substituted (26.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) (No. 2) Order 2011 (S.S.I. 2011/369), arts. 1, 2(a)Words in s. 78(5)(d) substituted (26.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) (No. 2) Order 2011 (S.S.I. 2011/369), arts. 1, 2(b)Words in s. 78(5)(e) substituted (26.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) (No. 2) Order 2011 (S.S.I. 2011/369), arts. 1, 2(c)Words in s. 78(5)(a) substituted (29.11.2012) by The Fire (Scotland) Act 2005 (Relevant Premises) Regulations2012 (S.S.I. 2012/332), regs. 1, 2(a)S. 78(5)(h) inserted (29.11.2012) by The Fire (Scotland) Act 2005 (Relevant Premises) Regulations2012 (S.S.I. 2012/332), regs. 1, 2(b)