SCHEDULE 1MODIFICATIONS OF PUBLIC GENERAL ACTS

The Civic Government (Scotland) Act 1982 (c. 45)

7

1

The Civic Government (Scotland) Act 1982 is amended as follows.

2

In the provisions mentioned in sub-paragraph (3), for “fire authority” (in each place) substitute “appropriate relevant authority”.

3

The provisions are–

a

in section 5 (rights of entry and inspection), subsection (1);

b

in section 93 (fire precautions in common stairs etc.), subsections (3), (4) and (7);

c

in section 98 (luminous tube signs), subsection (1)(a) to (c);

d

in Schedule 1 (licensing – further provisions as to the general system), paragraphs 2(1), 5(5)(d), 7(3)(a), 9(5), 9(7), 10(2)(a), 10(4), 11(7)(d), 12(4), 12(7), 17(4)(c), 17(4)(d);

e

in Schedule 2 (control of sex shops), paragraphs 8(1), 10(1)(d), 13(5)(d), 14(5), 14(7), 15(2)(a), 15(5) and 23(4)(b).

4

In paragraph (a) of subsection (3) of section 5 (rights of entry and inspection), for “a fire authority” substitute “an employee of an appropriate relevant authority”.

5

In the provisions mentioned in sub-paragraph (6), for “the fire authority” substitute “an employee of the appropriate relevant authority”.

6

The provisions are–

a

in section 5 (rights of entry and inspection), subsection (3)(b) and (c)18 and subsection (6); and

b

in Schedule 2 (control of sex shops), paragraph 20(1), (3) and (5).

7

In section 8 (interpretation of Parts I and II), after “requires” insert–

  • “appropriate relevant authority”, in relation to a licensing authority’s area, means the authority discharging in that area the functions of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);.

8

In subsection (4) of section 89 (safety of platforms etc.)–

a

for the words from “fire authority” (where they firstly occur) to “1959)” substitute “appropriate relevant authority (being the authority discharging in the area of the local authority the functions of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))”; and

b

for “fire authority” where it thirdly occurs substitute “appropriate relevant authority”.

9

In section 93 (fire precautions in common stairs etc.)–

a

in subsection (6), for “a fire authority” substitute “an appropriate relevant authority”; and

b

in subsection (9) for the words from ““fire authority”” where it firstly occurs to “1959” substitute

  • “appropriate relevant authority” means the authority discharging in the area in which the common property is situated the functions of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)

10

In subsection (2) of section 98 (luminous tube signs), after “above–” insert–

  • “appropriate relevant authority”, in relation to an electrical luminous tube sign, means the authority discharging in the area in which the sign is situated the functions of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);

11

In paragraph 3 of Schedule 2 (control of sex shops), after “Schedule” insert–

  • “appropriate relevant authority”, in relation to the area of a local authority, means the authority discharging in that area the functions of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);