The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006

JurisdictionScotland
CitationSSI 2006/475
  • This Order may be cited as the Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 and shall come into force on 1st October 2006 or, if this Order has not been made by 30th September 2006, on the day after the day on which it is made.
  • (1) The enactments referred to in Schedule 1 are amended in accordance with that Schedule.(2) Subject to articles 3 and 4, the enactments specified in column 1 of the table in Schedule 2 are repealed to the extent specified in the corresponding entry in column 2 of that table.
  • remain in effect, and
  • be deemed to be, and treated as if it were, a prohibition notice (as defined in subsection (4) of section 63 of the Fire (Scotland) Act 2005) served under that section.
  • Notwithstanding the repeal by this Order of section 12 of the Fire Precautions Act 1971, the Fire Precautions (Sub-surface Railway Stations) Regulations 1989
  • (1) In section 2(2) In section 1No condition may be specified under subsection (3) of this section which relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of Part 3 of the Fire (Scotland) Act 2005 (asp 5) .The Caravan Sites and Control of Development Act 1960 is amended as follows.after subsection (2) insert–
    • “(2A) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to the land, no condition shall be attached to a site licence which relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part.
    ; and
    Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to the land, no condition shall be attached to a site licence which relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part.after subsection (6) insert–
    • (6A) No model standards may be specified under subsection (6) as respects land in relation to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies if the standards relate to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part.
    .
    No model standards may be specified under subsection (6) as respects land in relation to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies if the standards relate to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part.In section 8 (power to alter conditions attached to site licences) , after subsection (1) insert–
    • (1A) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the land to which a site licence relates, no alteration under subsection (1) may be made so as to add a new condition to, or vary an existing condition of, the site licence if the new condition or, as the case may be, existing condition as varied relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part.
    .
    Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the land to which a site licence relates, no alteration under subsection (1) may be made so as to add a new condition to, or vary an existing condition of, the site licence if the new condition or, as the case may be, existing condition as varied relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part.The Theatres Act 1968 is amended as follows.In section 12 (licensing of premises for public performance of plays) , after subsection (3) insert–
    • “(3A) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to premises, no term which relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part shall be included in a licence granted under this Act in respect of those premises.
    .
    Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to premises, no term which relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part shall be included in a licence granted under this Act in respect of those premises.In Schedule 1 (provisions with respect to licences) , in paragraph 1(1) , for “section 1(2) ” substitute “sections 1(2) and 12(3A) ”.The Gaming Act 1968 is amended as follows.In section 43 (rights of entry and related rights) , in subsection (9) In section 52, in subsection (1) , after the definition of “the Act of 1963” insert–
    • “the appropriate fire and rescue authority”, in relation to premises, means–
      • (a) where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the premises, the enforcing authority (as defined in section 61(9) of that Act of 2005) ;
      • (b) in any other case, the relevant authority (as defined in section 6 of that Act of 2005) for the area where the premises are (or are to be) situated;”.
    for the words “the appropriate authority” wherever they appear, substitute “the appropriate fire and rescue authority”;in sub-paragraph (1) , after paragraph (a) insert–
    • (aa) where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the relevant premises, that any requirements or prohibitions imposed by virtue of that Part have not been complied with in respect of the relevant premises;
    ;
    where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the relevant premises, that any requirements or prohibitions imposed by virtue of that Part have not been complied with in respect of the relevant premises;after sub-paragraph (2) insert–
    • (2A) For the purposes of sub-paragraph (1) , a person shall be taken not to be a fit and proper person to be the holder of a licence under this Act if he has been convicted of an offence by virtue of any provision of Part 3 of the Fire (Scotland) Act 2005 (asp 5) in respect of the relevant premises.
    ; and
    For the purposes of sub-paragraph (1) , a person shall be taken not to be a fit and proper person to be the holder of a licence under this Act if he has been convicted of an offence by virtue of any provision of Part 3 of the Fire (Scotland) Act 2005 (asp 5) in respect of the relevant premises.in paragraph 65(2) (d) , for the words “appropriate fire authority” substitute “appropriate fire and rescue authority”.(6) In section 23 of the Health and Safety at Work etc. Act 1974 (supplementary provisions about notices) , in subsection (4) , for the words from “the authority” to the end of that subsection substitute the following–
    • (a) where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the premises, the enforcing authority (as defined in section 61(9) of that Act) ;
    • (b) in any other case, the relevant authority (as defined in section 6 of that Act) for the area where the premises are (or are to be) situated.
    .
    where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the premises, the enforcing authority (as defined in section 61(9) of that Act) ;in any other case, the relevant authority (as defined in section 6 of that Act) for the area where the premises are (or are to be) situated.

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