Fire (Scotland) Act 2005

61 Enforcing authorities S

(1) Each enforcing authority shall enforce the Chapter 1 duties.

(2) In carrying out the duty imposed by subsection (1), an enforcing authority shall have regard to any guidance given by the Scottish Ministers.

(3) For the purpose of carrying out the duty imposed by subsection (1), an enforcing authority may appoint enforcement officers.

(4) If the enforcing authority is the person appointed under section 43(1)(a), the authority may, subject to subsection (5), appoint under subsection (3) a person who has been appointed under subsection (3) as an enforcement officer by a relevant authority.

(5) A person may be appointed by virtue of subsection (4) only if—

(a) the appointment is made with the consent of the relevant authority concerned; and

(b) the appointment is made in writing.

(6) Subsection (1) does not authorise an enforcing authority to institute proceedings for an offence.

(7) A relevant authority may make arrangements with [F1 the Health and Safety Executive]F1 for such of the functions conferred on the authority by virtue of this Part as may be specified in the arrangements to be carried out (with or without payment) on its behalf by the Health and Safety Executive in relation to a workplace so specified.

(8) A relevant authority may make arrangements with a person prescribed in regulations by the Scottish Ministers for such of the functions conferred on the authority by virtue of this Part as may be specified in the arrangements to be carried out (with or without payment) on its behalf by the person in relation to a workplace so specified.

(9) In this section, “enforcing authority” means—

[F2 (za) in relation to relevant premises–

(i) for which a licence is required by virtue of section 1 of the Nuclear Installations Act 1965 (c. 57) or for which a permit is required by virtue of section 2 of that Act;

(ii) for which such a licence or permit would be required but for the fact that the premises are used by, or on behalf of, the Crown;

(iii) which are a ship which is in the course of construction, reconstruction, conversion or repair by persons other than the ship's master and crew (or by persons including the ship's master and crew); or

(iv) [F3 which are a workplace which is, or is on, a construction site (as defined in regulation 2(1) of the Construction (Design and Management) Regulations 2007) and to which those Regulations apply (other than a construction site to which regulation 46(1) of those Regulations applies)]

F3 the Health and Safety Executive;

(zb) in relation to relevant premises which are–

(i) occupied solely for the purposes of the armed forces of the Crown (other than premises such as are mentioned in paragraph (za)(iii));

(ii) 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); or

(iii) situated within premises occupied solely for the purposes of the armed forces of the Crown but which are not themselves so occupied (other than premises such as are mentioned in paragraph (za)(iii)),

the fire service maintained by the Secretary of State for Defence;]

F2 (a) in relation to relevant premises which are—

(i) a sports ground designated in an order under section 1 of the Safety of Sports Grounds Act 1975 (c. 52) (safety certificates for large sports stadia);

(ii) a sports ground to which Part III of the Fire Safety and Safety of Places of Sport Act 1987 (c. 27) applies; or

(iii) a regulated stand within the meaning of section 26(5) of that Act of 1987 (safety certificates for stands at certain sports grounds),

the local authority in whose area the relevant premises are situated;

[F4 (b) in relation to relevant premises–

(i) in respect of which the Crown is subject to any of the Chapter 1 duties (other than premises such as are mentioned in paragraph (za)(ii), (iii) or (zb)); or

(ii) in respect of which the United Kingdom Atomic Energy Authority is subject to any of the Chapter 1 duties (other than premises such as are mentioned in paragraph (za)(ii)),

the person appointed under section 43(1)(a);]

F4 (c) in relation to any other relevant premises, the relevant authority in whose area the relevant premises are, or are to be, situated.

(10) The Scottish Ministers may by regulations modify subsection (9).

Textual Amendments

F1 Words in s. 61(7) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 22, Sch. 3 (with art. 21)

F2 S. 61(9)(za)(zb) 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(4)(a)

F3 Words in s. 61(9)(za)(iv) substituted (6.4.2007) by The Construction (Design and Management) Regulations 2007 (S.I. 2007/320), reg. 48(2), Sch. 5

F4 S. 61(9)(b) substituted (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(4)(b)

Modifications etc. (not altering text)

C1 S. 61(1) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(ii)

C2 S. 61(9)(zb) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(a)(i)

C3 S. 61(9)(b) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(a)(i)(b)(ii)

C4 S. 61(9)(c) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(a)(i)