2006 No. 458 (C.37)

FIRE SAFETY

The Fire (Scotland) Act 2005 (Commencement No. 3 and Savings) Order 2006

Made

The Scottish Ministers, in exercise of the powers conferred by sections 88(2)(b) and 90 of the Fire (Scotland) Act 20051, and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation1

1

This Order may be cited as the Fire (Scotland) Act 2005 (Commencement No. 3 and Savings) Order 2006.

2

In this Order “the Act” means the Fire (Scotland) Act 2005.

Appointed day2

—Subject to article 3, 1st October 2006 is the appointed day for the coming into force of the following provisions of the Act:–

a

section 16A2;

b

sections 53 to 56;

c

sections 57 and 58, so far as not already in force;

d

sections 59 to 77A3;

e

section 78, so far as not already in force;

f

section 79; and

g

schedule 2.

Savings provision3

—Notwithstanding the commencement of section 70 of the Act (consequential restriction of application of Part I of Health and Safety at Work etc. Act 1974) by article 2(d), the Control of Major Accident Hazards Regulations 19994 shall continue to apply in relation to fire safety.

HUGH HENRYAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

(This note is not part of the Order)

This Order brings section 16A, Part 3 and schedule 2 of the Fire (Scotland) Act 2005 (so far as not already in force) into force on 1st October 2006. These are the only remaining provisions of the Fire (Scotland) Act 2005 not yet in force. The Order also makes a savings provision in respect of the Control of Major Accident Hazards Regulations 1999, which shall continue to apply in relation to fire safety.

(This note is not part of the Order)

The following provisions of the Fire (Scotland) Act 2005 have been brought into force by commencement order made before the date of this Order:–

Provision

Date of Commencement

S.S.I.No.

Sections 1 to 10

2nd August 2005

2005/392

Section 11 (partially)

6th April 2005

2005/207

Section 11 (to the extent not already in force)

2nd August 2005

2005/392

Sections 12 to 15

2nd August 2005

2005/392

Section 16 (partially)

6th April 2005

2005/207

Section 16 (to the extent not already in force)

2nd August 2005

2005/392

Sections 17 to 39

2nd August 2005

2005/392

Section 40 (partially)

6th April 2005

2005/207

Section 40 (to the extent not already in force)

2nd August 2005

2005/392

Sections 41 to 52

2nd August 2005

2005/392

Section 57 (partially)

6th April 2005

2005/207

Section 58 (partially)

6th April 2005

2005/207

Section 78 (partially)

6th April 2005

2005/207

Sections 80 and 81

2nd August 2005

2005/392

Section 82

6th April 2005

2005/207

Sections 83 to 86

2nd August 2005

2005/392

Section 87

6th April 2005

2005/207

Section 89

2nd August 2005

2005/392

Section 91

2nd August 2005

2005/392

Schedules 1, 3, and 4

2nd August 2005

2005/392