The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) (No. 2) Order 2006

Article 2(1)

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(1) (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(2) (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; or

(ii) 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(3) (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(4)”.

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(5) (enforcement in respect of fire) substitute–

“Enforcement in respect of fire

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; and

(b) 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(6) 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(7) (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”; and

(ii) paragraph (3)(c) shall apply as if “fire drills and” were omitted.”.

Article 2(2)

SCHEDULE 2 REVOCATIONS

Title	Reference	Extent of revocation
The Fire Certificates (Special Premises) Regulations 1976	S.I. 1976/2003	The whole Regulations.
The Electrical Luminous Tube Signs (Scotland) Regulations 1990	S.I. 1990/683	The whole Regulations.
The Health and Safety (Safety Signs and Signals) Regulations 1996	S.I. 1996/341	Regulation 7(a)(i).
The Fire Precautions (Workplace) Regulations 1997	S.I. 1997/1840	The whole Regulations, subject to the saving made in article 3.
The Fire Precautions (Workplace) (Amendment) Regulations 1999	S.I. 1999/1877	The whole Regulations.
The Management of Health and Safety at Work Regulations 1999	S.I. 1999/3242	In each of regulations 1(2), 3(1), 7(1), 11(1)(a), 11(1)(b), 12(1)(b) the words “and by Part II of the Fire Precautions (Workplace) Regulations 1997”. In regulation 10(1)(c) from “and the measures” to “Regulations 1997”. In regulation 10(1)(d) from “and regulation” to “Regulations 1997”. In regulations 11(2) and 12(2) the words in brackets. Regulation 28.

(1)

S.I. 1977/500; relevant amendments were made by S.I. 1997/1840 and 1999/3242.

(2)

S.I. 1987/37; relevant amendments were made by S.S.I. 2005/344.

(3)

S.I. 1996/1513; relevant amendments were made by S.I. 1997/1840 and 1999/3242.

(4)

S.S.I. 2006/456.

(5)

S.I. 1996/1592; relevant amendments were made by S.S.I. 2005/344.

(6)

S.I. 1996/3256; relevant amendments were made by S.S.I. 2005/344.

(7)

S.S.I. 2002/114; to which there are amendments not relevant to this Order.