SCHEDULE 1
Article 2(1)
MODIFICATIONS OF PUBLIC GENERAL ACTS
1. In section 15 of the Theatres Act 1968 (powers of entry and inspection)–
(a) in subsection (4)–
(i) for “fire” (in both places) substitute “relevant”;
(ii) for “officer” where it secondly occurs substitute “employee”;
(b) in subsection (5)2for “fire” substitute “authorised employee of a relevant”; and
(c) after subsection (6) add–
“7 In this section, “relevant authority” has the meaning given by section 6 of the Fire (Scotland) Act 2005 (asp 5).”.
2.—(1) The Gaming Act 1968 is amended as follows.
(2) In subsection (9) of section 43 (rights of entry to licensed premises), for the words from “fire authority” to “1947)” substitute “relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))”.
(3) In Schedule 2 (grant, renewal, cancellation and transfer of licences), in paragraph 2(2), in the definition of “the appropriate fire authority”, for the words from “fire”, where it firstly occurs, to “1947)” substitute “authority” means a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5).
The Fire Precautions Act 1971 (c. 40)
3.—(1) The Fire Precautions Act 1971 is amended as follows.
(2) In the provisions mentioned in sub paragraph (3), for “fire authority” (in each place) substitute “appropriate authority”.
(3) The provisions are–
(a)
(a) in section 1 (use of premises requiring fire certificate), subsections (1) and (3A)3;
(b)
(b) in section 3 (power of fire authority to make fire certificates compulsory), subsections (3) to (5) and (7);
(c)
(c) in section 4 (rights of appeal against and coming into force of section 3 notices), subsection (4);
(d)
(d) in section 5 (application for and issue of fire certificates), subsections (1) to (4)4;
(e)
(e) in section 5A5(powers of fire authorities to grant exemptions), subsections (1) to (5) and (7) to (9);
(f)
(f) in section 5B6(withdrawal of exemptions), subsections (1) to (3) and (5);
(g)
(g) in section 6 (contents of fire certificate), subsections (2) and (5) to (7);
(h)
(h) in section 8 (change of conditions affecting adequacy of certain matters specified in fire certificates, etc), subsections (1) to (7), (9), (11) and (12);
(i)
(i) in section 8A7(change of conditions affecting premises for which exemption has been granted), subsection (1);
(j)
(j) in section 8B8(charges in relation to fire certificates), subsections (1) and (3);
(k)
(k) in section 9 (rights of appeal in respect of sections 5 to 8), subsections (1) to (3);
(l)
(l) in section 9A9(duty as to means of escape and for fighting fire), subsection (2);
(m)
(m) in section 9D10(improvement notices), subsections (1) and (2);
(n)
(n) in section 1011(prohibition notices), subsections (2) to (4) and (7);
(o)
(o) in section 1212(power to make regulations about fire precautions), subsections (7), (8) and (10);
(p)
(p) in section 14 (exercise of certain powers of fire authority in Scotland), subsections (1) and (2);
(q)
(q) in section 1713(duty of fire authorities to consult other authorities before requiring building alterations), subsections (1) and (2);
(r)
(r) in section 1814(enforcement of Act), subsections (1) and (2);
(s)
(s) in section 27A15(civil and other liability), paragraph (a); and
(t)
(t) in Schedule 216(special provision for certain premises), paragraph 3(5).
(4) In section 20 (exercise of inspectors' powers)–
(a)
(a) in subsection (1), for “officer of the fire brigade maintained by the fire authority” substitute “employee of the appropriate authority”; and
(b)
(b) in subsection (2)–
(i) for “officer of a fire brigade” substitute “employee of an appropriate authority”; and
(ii) for “fire authority who maintain that brigade” substitute “appropriate authority”.
(5) In section 40 (application to Crown)–
(a)
(a) in subsection (3)–
(i) for “fire authority” substitute “appropriate authority”; and
(ii) omit “or any person authorised by the Secretary of State to act for the purposes of this section”;
(b)
(b) in subsection (4)–
(i) for “officer of the fire brigade maintained by the fire authority” substitute “employee of the appropriate authority”;
(ii) for “officer of a fire brigade” substitute “employee of an appropriate authority”; and
(iii) for “fire authority who maintain that brigade” substitute “appropriate authority”; and
(c)
(c) in subsection (6), for “officer of the fire brigade maintained by the fire authority” substitute “employee of the appropriate authority”.
(6) In section 41 (application to UK Atomic Energy Authority premises)–
(a)
(a) in paragraph (a)–
(i) for “fire authority” substitute “appropriate authority”; and
(ii) omit “or any person authorised by the Secretary of State to act for the purposes of this section”; and
(b)
(b) in paragraph (b), for “officer of the fire brigade maintained by the fire authority” substitute “employee of the appropriate authority”.
(7) In sub-section (1) of section 43 (interpretation)–
(a)
(a) after “Act–” insert–
““appropriate authority”, in relation to any premises or proposed premises, means the relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the area in which the premises are or are to be situated;”; and
(b)
(b) in the definition of “fire inspector”, for “section 24 of the Fire Services Act 1947”17substitute “section 43 of the Fire (Scotland) Act 2005 (asp 5)”.
The Health and Safety at Work etc. Act 1974 (c. 37)
4. In subsection (4) of section 23 of the Health and Safety at Work etc. Act 1974 (supplementary provisions about notices) for the words from “fire”, where it secondly occurs, to “1971”, substitute “authority discharging in the area where the premises are (or are to be) situated the functions under the Fire (Scotland) Act 2005 (asp 5)of a relevant authority (as defined in section 6 of that Act).”.
The Local Government, Planning and Land Act 1980 (c. 65)
5. In paragraph (a) of subsection (1) of section 152 of the Local Government Planning and Land Act 1980 (fire precautions and home insulation), for “fire authority under the Fire Precautions Act 1971” substitute “relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))”.
The Zoo Licensing Act 1981 (c. 37)
6. In subsection (2) of section 3 of the Zoo Licensing Act 1981 (consideration of application for licence) for paragraph (c) substitute–
“(c)
“(c) any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) in whose area the zoo or any part of it is, or is to be situated if that authority is not the local authority for the area;”.
The Civic Government (Scotland) Act 1982 (c. 45)
7.—(1) The Civic Government (Scotland) Act 1982 is amended as follows.
(2) In the provisions mentioned in sub-paragraph (3), for “fire authority” (in each place) substitute “appropriate relevant authority”.
(3) The provisions are–
(a)
(a) in section 5 (rights of entry and inspection), subsection (1);
(b)
(b) in section 93 (fire precautions in common stairs etc.), subsections (3), (4) and (7);
(c)
(c) in section 98 (luminous tube signs), subsection (1)(a) to (c);
(d)
(d) in Schedule 1 (licensing – further provisions as to the general system), paragraphs 2(1), 5(5)(d), 7(3)(a), 9(5), 9(7), 10(2)(a), 10(4), 11(7)(d), 12(4), 12(7), 17(4)(c), 17(4)(d);
(e)
(e) in Schedule 2 (control of sex shops), paragraphs 8(1), 10(1)(d), 13(5)(d), 14(5), 14(7), 15(2)(a), 15(5) and 23(4)(b).
(4) In paragraph (a) of subsection (3) of section 5 (rights of entry and inspection), for “a fire authority” substitute “an employee of an appropriate relevant authority”.
(5) In the provisions mentioned in sub-paragraph (6), for “the fire authority” substitute “an employee of the appropriate relevant authority”.
(6) The provisions are–
(a)
(a) in section 5 (rights of entry and inspection), subsection (3)(b) and (c)18and subsection (6); and
(b)
(b) in Schedule 2 (control of sex shops), paragraph 20(1), (3) and (5).
(7) In section 8 (interpretation of Parts I and II), after “requires” insert–
“appropriate relevant authority”, in relation to a licensing authority’s area, means the authority discharging in that area the functions of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);.
(8) In subsection (4) of section 89 (safety of platforms etc.)–
(a)
(a) for the words from “fire authority” (where they firstly occur) to “1959)” substitute “appropriate relevant authority...
