Fire (Scotland) Act 2005

64 Enforcement notices S

(1) Where an enforcing authority considers that a person has failed to comply with any of the Chapter 1 duties, the authority may serve an enforcement notice on the person.

(2) An enforcement notice is a notice—

(a) stating that the enforcing authority considers that the person on whom the notice is served has failed to comply with the Chapter 1 duty specified in the notice;

(b) specifying why the authority considers that the person has failed to comply with the duty in question; and

(c) requiring the person, before the expiry of the period specified in the notice (being a period of at least 28 days), to take the action so specified.

(3) Where—

(a) an enforcing authority (the “first enforcing authority”) proposes to serve an enforcement notice on a person; and

(b) the first enforcing authority considers that the person has failed to comply with any of the Chapter 1 duties in relation to—

(i) a workplace in relation to which some other authority is the enforcing authority; or

(ii) employees who work in such a workplace,

any enforcement notice served by the first enforcing authority may include requirements relating to that workplace or those employees.

(4) Before serving an enforcement notice including a requirement such as is mentioned in subsection (3) the first enforcing authority shall consult the other enforcing authority.

(5) Before serving an enforcement notice including a requirement to make an alteration to relevant premises, the enforcing authority shall consult—

(a) subject to subsection (6), the person appointed under section 7(1) of the Building (Scotland) Act 2003 (asp 8) as verifier in relation to those premises;

(b) if the notice relates to a workplace in relation to which the authority responsible to any extent for enforcing Part I of the Health and Safety at Work etc. Act 1974 (c. 37) and the existing statutory provisions is—

(i) the Health and Safety Executive; or

(ii) by virtue of Part I of that Act or the existing statutory provisions, any other authority,

the Executive or, as the case may be, that other authority; and

(c) any other person whose consent to the alteration would be required by virtue of any enactment.

(6) If the local authority in whose area the relevant premises are situated is also in relation to those premises—

(a) the enforcing authority; and

(b) the person appointed under section 7(1) of the Building (Scotland) Act 2003 (asp 8) as verifier,

the enforcing authority need not consult the local authority.

(7) Failure to comply with subsection (4) or (5) shall not affect the validity of an enforcement notice.

(8) Where an enforcing authority serves an enforcement notice on a person, the authority may—

(a) before the expiry of the period specified in the notice, by notice in writing to the person withdraw the enforcement notice;

(b) except where an application under section 66 has been made and not determined, extend, or further extend, the period specified in the enforcement notice.

(9) In subsection (5)(b), “existing statutory provisions” has the meaning given by section 53(1) of the Health and Safety at Work etc. Act 1974 (c. 37).

(10) For the purposes of this section, “Chapter 1 duties” does not include the duty imposed by section 56.

Modifications etc. (not altering text)

C1 S. 64 modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(a)(iii)

C2 S. 64(1) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(iv)

C3 S. 64(2)(a) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(iv)

C4 S. 64(3)(b) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(iv)

C5 S. 64(10) modified (1.10.2006) by The Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456), reg. 24(3)(b)(iv)