Contents
Article 1Citation and commencement#
This Order may be cited as the Fire (Scotland) Act 2005 (Consequential Modifications and Savings) (No. 2) Order 2006 and shall come into force on 1st October 2006.
Article 2Consequential amendments and revocations#
(1)The instruments referred to in Schedule 1 are modified in accordance with that Schedule.
(2)The instruments specified in the first and second columns of the table in Schedule 2 are revoked to the extent specified in the corresponding entry in the third column of that table.
Article 3Saving provision for the Fire Precautions (Workplace) Regulations 1997#
To the extent that regulation 3(6)(c) of the Fire Precautions (Workplace) Regulations 1997 operates so as to disapply the provisions of regulations 12, 13 and 16(1) of the Fire Safety (Scotland) Regulations 2006 to emergency workers, that regulation remains in force.
Schedule 1
Modification of statutory instruments
The Safety Representatives and Safety Committees Regulations 1977 (S.I. 1977/500)
(1)In regulation 4A of the Safety Representatives and Safety Committees Regulations 1977 (employer’s duty to consult and provide facilities and assistance), in paragraph (1)(b) for “or regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997” substitute “or regulation 12(3)(b) of the Fire Safety (Scotland) Regulations 2006”.
The Dangerous Substances in Harbour Areas Regulations 1987 (S.I. 1987/37)
(2)In paragraph (1) of Regulation 30 of the Dangerous Substances in Harbour Areas Regulations 1987 (storage tanks) for “the appropriate relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” substitute–“i the appropriate enforcing authority (as defined in section 61(9) of the Fire (Scotland) Act 2005 (asp 5)) where Part 3 of that Act applies to the harbour or harbour area within which the storage tank is situated; orii in any other case, the appropriate relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005) for the area in which the harbour or harbour area is situated,”
The Health and Safety (Consultation with Employees) Regulations 1996 (S.I. 1996/1513)
(3)In regulation 3 of the Health and Safety (Consultation with Employees) Regulations 1996 (duty of employer to consult), in paragraph (b) for “or regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997” substitute “or regulation 12(3)(b) of the Fire Safety (Scotland) Regulations 2006”.
The Construction (Health, Safety and Welfare) Regulations 1996 (S.I. 1996/1592)
(4)For regulation 33 of the Construction (Health, Safety and Welfare) Regulations 1996 (enforcement in respect of fire) substitute–“33 1 Subject to paragraph (2), the enforcing authority as defined in section 61 of the Fire (Scotland) Act 2005 (asp 5) is the enforcing authority as regards–a regulations 19 and 20 in so far as those regulations relate to fire; andb regulation 21,in respect of a construction site which is contained within, or forms part of, premises which are occupied by persons other than those carrying out the construction work or any activity arising from such work.2 Paragraph (1) only applies in respect of premises to which Part 3 of the Fire (Scotland) Act 2005 applies.”
The Residential Establishments – Child Care (Scotland) Regulations 1996 (S.I. 1996/3256)
(5)
(1)Regulation 9 of the Residential Establishments – Child Care (Scotland) Regulations 1996 is amended as follows.
(2)In paragraph (1)–
(a)at the beginning, insert “Subject to paragraph (4),”; and
(b)omit “a” where it first occurs.
(3)In paragraph (2) at the beginning insert “Subject to paragraph (4),”.
(4)After paragraph (3) insert–“4 Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to any residential establishment, paragraphs (1) and (2) shall not apply.”
Modification of scottish statutory instruments
The Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 (S.S.I. 2002/114)
(6)In regulation 19 of the Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 (records), after paragraph (3) insert–“3A Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to premises in which providers are providing services–i paragraph (3)(b) shall apply as if “an” was substituted for “a fire or other”; andii paragraph (3)(c) shall apply as if “fire drills and” were omitted.”
Schedule 2 · Revocations
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