Recent Legislation

• This Order made under sections 87 and 88(2) of the Fire Scotland Act 2005 makes modifications and repeals of primary legislation in consequence of Part 3 of the 2005 Act.  The Order also includes savings relevant to the repeal of the Fire Precautions Act 1971.
  
  Part 3 of the 2005 Act, once commenced, shall in its own terms and with attendant regulations alter the existing fire safety regime in respect of the premises to which the 2005 Act applies, placing fire safety duties to be followed in all such premises and replacing the existing fire safety regime that is set out in several different pieces of legislation.
  
  The modifications to existing legislation replace references to existing fire safety legislation with references to the regime under Part 3 of the 2005 Act, prevent fire safety conditions from being included in licences under other legislation (fire safety requirements and prohibitions are to be imposed under Part 3 of the 2005 Act), prevent conditions in licences or certificates under existing legislation from requiring a person to contravene any requirement of Part 3 and provide for fire safety matters to be enforced by the enforcing authority under Part 3 of the 2005 Act where the 2005 Act applies to the premises in question.

The Acts affected are as follows:

• The Theatres Act 1968 (c.54)
  • Section 15(4) and (7).
    In section 15(5), the words "or authorised employee of a relevant authority".
• The Gaming Act 1968 (c.65)
  • In Schedule 2, in paragraph 2(2), the definition of "the appropriate authority", and paragraph 21(1)(f).
• The Fire Precautions Act 1971 (c.40)
  • The whole Act subject to the savings made in articles 3 and 4.
• The Housing (Financial Provisions) (Scotland) Act 1972 (c.46)
  • In Schedule 9, paragraph 31.
• The Fire Precautions (Loans) Act 1973 (c.11)
  • The whole Act.
• The Local Government (Scotland) Act 1973 (c.65)
  • In Schedule 15, paragraph 30.
    In Schedule 27, paragraph 200.
• The Health and Safety at Work etc. Act 1974 (c.37)
  • Section 78.
    Schedule 8.
• The Safety of Sports Grounds Act 1975 (c.52)
  • Section 9(1)(d).
• The Local Government, Planning and Land Act 1980 (c.65)
  • Section 152(1)(b).
• The Civic Government (Scotland) Act 1982 (c.45)
  • In section 5, in subsection (1) the words "or the appropriate relevant authority", in subsection (3)(a), the words "or an employee of an appropriate relevant authority", and in each of subsections (3)(b), (3)(c) and (6), the words "or an employee of the appropriate relevant authority".
    In Schedule 2, in each of sub-paragraphs (1), (3), and (5) of paragraph 20, the words "or an employee of the appropriate relevant authority".
• The Cinemas Act 1985 (c.13)
  • In each of subsections (1) and (4) of section 13, the words "or an employee of the appropriate relevant authority".
    Section 13(2).
    Section 22.
    Schedule 1.
    Paragraph 9 of Schedule 2.
• The Fire Safety and Safety of Places of Sport Act 1987 (c.27)
  • Part I.
    Section 33(1)(b).
    Schedule 1.
• The Environment and Safety Information Act 1988 (c.30)
  • The entry in the Schedule relating to the Fire Precautions Act 1971.
• The National Health Service and Community Care Act 1990 (c.19)
  • Schedule 8, paragraph 15.
• The Capital Allowances Act 2001 (c.2)
  • Section 29(2) to (4).
• The Building (Scotland) Act 2003 (asp 8)
  • In Schedule 6, paragraph 6.

• In force - Draft Order laid before the Scottish Parliament under section 88(4) of the Fire (Scotland) Act 2005, for approval by resolution of the Scottish Parliament. This draft Order supersedes the draft laid on 16th June 2006 and will come into force in accordance with article 1 (1st October 2006 or, if this Order has not been made by 30th September 2006, on the day after the day on which it is made).
• Access to document:  Office of Public Sector Information (OPSI) Document

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