Fire Scotland Act 2005

1

• Fire (Scotland) Act 2005
• Part 3 Fire Safety
• subordinate legislation

2
Brief History

• Factories Act 1961
• Offices, Shops and Railway Premises Act 1963
• Fire Precautions Act 1971
• Health and Safety at Work etc. Act 1974
• Fire Precautions (Workplace Regulations) 1997
• Integrated Risk Management Planning 2004

3
European Legislation

• The Framework Directive
• The Temporary Workers Directive
• The Workplace Directive
• The Young Persons Directive
• The Chemical Agents Directive
• The Explosive Atmospheres Directive

4
Primary Legislation Out

• Fire Precautions Act 1971
• Fire Precautions (Workplace) Regulations 1997
• Fire Certificates (Special Premises) Regulations
  1976
• Fire safety element of the Management of Health
  and Safety at Work Regulations 1999

5
Other Legislation Out

• Over 30 pieces of miscellaneous legislation
• Licensing (Scotland) Act 1976
• Breeding of Dogs Act 1973
• Riding Establishments Act 1970
• Nursing Homes Registration (Scotland) Act 1938

6
Legislation In

• Part 3 of the Fire (Scotland) Act 2005
• Fire Safety (Scotland) Regulations 2006
• 3 Other orders
• Commencement and Savings Order
• Consequential Modifications and Savings Order
• Consequential Modifications and Savings Order
  No.2

7
Other Changes

• Health and Safety at Work etc Act 1974 mostly
  disapplied in respect of fire safety (section 70)
• Suspension of fire safety terms and conditions in
  Licensing, Registration and Certification schemes
  (section 71)

8
Scope of the New Regime

• PEOPLE (Section 79)
• Relevant persons
• Persons lawfully in the premises
• Persons in the immediate vicinity of the premises
• Excludes employees of relevant authority engaged
  in operational tasks
• PREMISES (Section 78)
• Relevant premises
• Excluded premises

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Relevant Premises

• Relevant premises means any premises other than
  those specifically excluded.
• Premises includes in particular-
• (a) any place
• (b) any installation on land
• (c) any tent or movable structure
• (d) certain vehicles

10
Exclusions from Relevant Premises

• Domestic premises
• Ships during normal ship-board activities
• Mines and offshore installations
• Borehole sites
• Agricultural or forestry land away from buildings

11
Dutyholders

• Employers
• Other persons who have control of premises
• Tenants and contractors with obligations for
  maintenance, repair or safety
• Owners
• Employees

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Obligations on Dutyholders

• Assess the risk from fire to the safety of
  persons
• Take fire safety measures
• Review the assessment

13
Obligations on Employees

• Take reasonable care for self and others who may
  be affected by acts or omissions
• Co-operate as is necessary with employer to
  enable employer to comply

14
Fire Safety Measures

• Reduce the risk of fire and fire spread
• Means of escape
• Securing means of escape can be used
• Means for fighting fires
• Detecting fires and giving warning
• Action, instruction and training.
• As prescribed by Regulations

15
Enforcement Options

• Prohibition Notice (section 63)
• Enforcement Notice (section 64)
• Alterations Notice (section 65)
• Dispute determination (section 67)
• Report for Prosecution
• Informal action

16
Enforcers

• HSE
• Nuclear, some construction sites, some ships
• Defence Fire and Rescue Service
• Armed forces, visiting forces
• Local Authority
• Sports grounds
• HM Chief Inspector of Fire Services
• Other Crown dutyholders
• Relevant Authority (Fire and Rescue Service)
• Everything else

17
Enforcement Options

• Prohibition/Restriction Notice (section 63)
• Enforcement Notice (section 64)
• Alterations Notice (section 65)
• Dispute determination (section 67)
• Report for Prosecution
• Informal action

18
Powers of Enforcement Officers

• An enforcement officer may do anything necessary
  to enforce the Fire Safety Duties
• Enter premises at any reasonable time
• Require a dutyholder to provide assistance
• Inspect and copy documents
• Take samples
• Dismantle or confiscate equipment!
• If a forced entry is made, the premises must be
  effectively secured.

19
Other Sections

• Appeals (section 66)
• Offences (section 72)
• Offences by bodies corporate(section 65)
• Crown application (section 76)

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Fire Safety (Scotland) Regulations 2006

• Part 1 Preliminary
• Part 2 Assessments
• Part 3 Fire safety
• Part 4 Miscellaneous

21
Fire Safety (Scotland) Regulations 2006

• Part 1 Preliminary
• Citation and Commencement
• Interpretation

22
Fire Safety (Scotland) Regulations 2006

• Part 2 Assessments
• Duty to Review
• Duty in respect of young persons
• Assessment and review duty in respect of young
  persons
• Assessment and review duty in respect of
  dangerous substances
• No new work activities where dangerous substances
  are present
• Duty to record information
• Specified information

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Fire Safety (Scotland) Regulations 2006

• Part 3 Fire Safety
• Fire safety arrangements
• Elimination or reduction of risks from dangerous
  substances
• Means for fighting fire and giving warning
• Means of escape
• Procedure for serious and imminent danger
• Additional emergency measures in respect of
  dangerous substances

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Fire Safety (Scotland) Regulations 2006

• Part 3 Fire Safety
• Maintenance
• Safety assistance
• Provision of information to employees
• Provision of information to employers and the
  self employed from outside undertakings
• Training
• Co-operation and co-ordination
• Duties of employees

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Fire Safety (Scotland) Regulations 2006

• Part 4 Miscellaneous
• Maintenance of measures provided in relevant
  premises for protection of fire-fighters
• Maintenance of measures provided in the common
  areas of private dwellings for protection of
  fire-fighters
• Arrangements with the Office of Rail Regulation
• Nominated persons act or omission not to afford
  employer defence
• Service of documents
• Disapplication of certain provisions

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Savings

• Sub-surface Railway Station Regulations
• Prohibition Notices (FPA 71)
• DSEAR fire safety provisions
• COMAH regulations

27
Enforcement Strategy

• Strategic enforcement guidance for Fire and
  Rescue Authorities
• Scottish Fire and Rescue Service Framework
  Document
• Audit, not Inspection!
• Advise and Educate