Paragraph 4

For regulation 33 of the Construction (Health, Safety and Welfare) Regulations 1996^f1 (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.”.