The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006
Jurisdiction | Scotland |
Citation | SSI 2006/475 |
- “(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.
- (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.
- (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.
- “(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.
- “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;”.
- (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;
- (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.
- (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.
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