The Fire (Scotland) Act 2005 (Relevant Premises) Regulations 2012
Draft 2012, ISBN 9780111017944
Draft Regulations laid before the Scottish Parliament under section 88(4) of the Fire (Scotland) Act 2005 for approval by resolution of the Scottish Parliament.
Fire Safety
Made 2012
Coming into force 2012
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 58, 78(8) and 88(2) of the Fire (Scotland) Act 2005f1 and all other powers enabling them to do so.
In accordance with section 88(4)f2 of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Annotations to the whole text
Footnotes
- f1
- f2
-
Section 88(4) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 asp 10.
Contents
- 1Citation and commencement
- 2Modifications of the Fire (Scotland) Act 2005
- 3Modifications of the Fire Safety (Scotland) Regulations 2006
- Signature
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Fire (Scotland) Act 2005 (Relevant Premises) Regulations 2012 and come into force on the day after the day on which they are made.
2Modifications of the Fire (Scotland) Act 2005
In section 78(5) of the Fire (Scotland) Act 2005 (premises which are not “domestic premises” for the purposes of Part 3)—
in paragraph (a), for “a house which requires”, substitute “a house or other premises which require”; and
after paragraph (g), insert—
“(h)premises used for the provision of a child minding service (as defined in paragraph 12 of schedule 12 to the Public Services Reform (Scotland) Act 2010f1).”.
3Modifications of the Fire Safety (Scotland) Regulations 2006
In their application in relation to premises of a type mentioned in section 78(5)(h) of the Fire (Scotland) Act 2005 (meaning of “relevant premises”), the Fire Safety (Scotland) Regulations 2006f1 are modified as follows.
In regulation 8 (duty to record information), omit paragraph (b).
In regulation 10(2) (fire safety arrangements), omit paragraph (b).
In regulation 17(1), (2), (3), (4) and (7) (safety assistance) and regulation 19 (provision of information to employers and the self-employed from outside undertakings) omit “or 54” each time it appears.
Signature
Name
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
Date
Explanatory note
(This note is not part of the Regulations)
These Regulations modify the meaning of “domestic premises” in section 78(4) and (5) of the Fire (Scotland) Act 2005 (“the 2005 Act”) for the purpose of defining the “relevant premises” to which the fire safety requirements in Part 3 of that Act apply.
Regulation 2(a) modifies section 78(5)(a) of the 2005 Act to provide that a house or any other premises which require to be licensed under Part 5 of the Housing (Scotland) Act 2006 do not fall within the definition of domestic premises. The effect of that modification is that any premises which require to be so licensed will be relevant premises within the meaning of section 78(1) of the 2005 Act and therefore subject to the fire safety requirements in Part 3 of that Act.
Regulation 2(b) adds to the list of premises in section 78(5) of the 2005 Act which are not to be considered domestic premises (and are therefore relevant premises within the meaning of section 78(1)), premises used for the provision of a child minding service (within the meaning given by paragraph 12 of schedule 12 to the Public Services Reform (Scotland) Act 2010). Again, this means that such premises will be subject to the fire safety requirements in Part 3 of the 2005 Act.
Regulation 3 makes minor modifications to the Fire Safety (Scotland) Regulations 2006 as they apply to premises used for the provision of a child minding service.