Fire scotland

PART 3 of the FIRE (SCOTLAND) ACT 2005 and related subordinate legislation

LEGISLATION OVERVIEW

Contents Introduction Reference table: Statutory Instruments relevant to fire safety Fire (Scotland) Act 2005 Chapter 1 Fire safety duties Chapter 2 Enforcement Chapter 3 Miscellaneous Chapter 4 Offences Chapter 5 General S.S.I. 2006/456 The Fire Safety (Scotland) Regulations 2006 Consequentialmodifications and savings Appendices Appendix 1 Reference table of offences Appendix 2 Reference table of dutyholder obligations

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LEGISLATION OVERVIEW

Introduction

1. This note contains an overview of the legislation which forms or is consequential to the fire safety regime for non-domestic premises in Scotland, namely Part 3 of the Fire(Scotland) Act 2005, as amended (“the 2005 Act”) and associated subordinate legislation. It should be noted that separate Explanatory Notes on the 2005 Act are available, although these were prepared during the passage of the Bill and do not take account of changes that have subsequently been made to the text of the Act. 2. In considering the content of this overview it should be remembered thatthe 2005 Act and associated orders and regulations (as amended from time to time) take precedence. This note should therefore be read in conjunction with the relevant legislation and is not, and is not meant to be, a comprehensive description of the legislation. Users are advised to refer to the legislation referred to throughout this document as the definitive source of powers, duties andobligations and, if in doubt about any aspect, to seek independent legal advice. 3. All sections of Part 3 of the 2005 Act commenced in full on 1st October 2006. Part 3 introduced a fire safety regime for Scotland which replaced previous fire safety legislation. The principal legislation which was repealed or revoked was: • • • • the Fire Precautions Act 1971 (“the 1971 Act”) the Fire Certificates(Special Premises) Regulations 1976 (“the 1976 Regulations”). the Fire Precautions (Workplace) Regulations 1997 (“the 1997 Regulations)” the general fire safety provisions of the Management of Health and Safety at Work Regulations 1999 (“the 1999 Regulations”)

4. Consequential modifications were also made to other UK and Scottish primary and subordinate legislation to reflect Part 3 of the 2005 Actcoming into force. 5. General fire safety is within the legislative competence of the Scottish Parliament with some exceptions. Process fire precautions is a matter reserved to the UK Parliament under Section H2 of Schedule 5 to the Scotland Act 1998. The obligation in the fire safety regime to take fire safety measures does not include an obligation to take process fire precautions. The term"process fire precautions" is not defined in statute but is widely used and understood as being distinct from general fire safety. Essentially, "process fire precautions", which include risk assessment, are designed to prevent the outbreak or spread of fire from any work processes, taking into account process risk which can be perceived as the danger, due to the work process, that fire will breakout. This is to be distinguished from "general fire safety" which relates to the means of fire warning, fire fighting and escape, thereby dealing with the means to ensure people can escape safely once a fire has started. 6. To reduce duplication and prevent overlapping regimes, the effect of fire safety conditions, terms and restrictions imposed by licensing and registration schemes 2LEGISLATION OVERVIEW

has been restricted and the potential application of the Health and Safety at Work etc Act 1974 (“the 1974 Act”) to general fire safety has been disapplied although there are some exclusions and a savings provision. 7. In considering the fire safety element of the 2005 Act, it should be noted that amendments have been made to Part 3 by S.I. 2005/2060 (The Fire (Scotland) Act 2005...