Back to the Scottish Parliament Business Bulletin No.9/2005: Wednesday 19 January 2005
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Section G – Bills

New amendments to Bills lodged on 18 January 2005

Fire (Scotland) Bill – Stage 2

Section 49

Cathy Jamieson

38 In section 49, page 23, line 25, leave out <the event of> and insert <respect of harm caused by>

Cathy Jamieson

39 In section 49, page 23, line 28, leave out <the event of> and insert <respect of harm caused by>

Section 50

Cathy Jamieson

40 In section 50, page 24, line 7, leave out <the event of> and insert <respect of harm caused by>

Cathy Jamieson

41 In section 50, page 24, line 11, leave out <the event of> and insert <respect of harm caused by>

Cathy Jamieson

42 In section 50, page 24, line 21, leave out <or on>

Cathy Jamieson

43 In section 50, page 24, line 22, leave out <the event of> and insert <respect of harm caused by>

Cathy Jamieson

44 In section 50, page 24, line 28, leave out <the event of> and insert <respect of harm caused by>

Section 52

Cathy Jamieson

45 In section 52, page 25, line 10, at end insert <while at work>

Cathy Jamieson

46 In section 52, page 25, line 11, leave out <in the workplace>

Section 53

Cathy Jamieson

47 In section 53, page 25, line 32, leave out from <; and> to end of line 33

Section 54

Cathy Jamieson

48 In section 54, page 26, line 24, leave out from <; and> to end of line 26

After section 54

Cathy Jamieson

49 After section 54, insert—

<Power to make further provision for protection of fire-fighters

(1) This section applies where regulations under section 54(1) make provision for or in connection with the maintenance of premises, facilities or equipment with a view to securing the safety of fire-fighters (whether employees of relevant authorities or otherwise) in the event of a fire in relevant premises ("safeguarding provision").

(2) The Scottish Ministers may by regulations apply, subject to any modifications (specified in the regulations) that they consider necessary, the safeguarding provision to common areas of private dwellings.

(3) In subsection (2), "common area" includes, where a stair, passage, garden, yard, garage, outhouse or other appurtenance of a private dwelling is used in common by the occupants of more than one private dwelling, that stair, passage, garden, yard, garage, outhouse or other appurtenance.>

Section 55

Cathy Jamieson

50 In section 55, page 26, line 30, after <person’s> insert <operational>

Cathy Jamieson

51 In section 55, page 26, line 38, leave out <any other member of a police force> and insert—

<( ) of such other description as the Scottish Ministers may by regulations prescribe.>

Cathy Jamieson

52 In section 55, page 27, line 4, leave out <the event of> and insert <respect of harm caused by>

Cathy Jamieson

53 In section 55, page 27, line 4, at end insert—

<( ) For the purposes of this section, "operational duties", in relation to a person falling within subsection (2), means anything done—

(a) while the person is at work in the capacity in which the person falls within that subsection; and

(b) which the person is required to do by virtue of being at work in that capacity.>

Section 56

Cathy Jamieson

54 In section 56, page 27, line 12, at end insert—

<(3A) If the enforcing authority is the person appointed under section 39(1)(a), the authority may, subject to subsection (3B), appoint under subsection (3) a person who has been appointed under subsection (3) as an enforcement officer by a relevant authority.

(3B) A person may be appointed by virtue of subsection (3A) only if—

(a) the appointment is made with the consent of the relevant authority concerned; and

(b) the appointment is made in writing.>

Cathy Jamieson

55 In section 56, page 27, line 34, at end insert—

<( ) The Scottish Ministers may by regulations modify subsection (6).>

Section 57

Cathy Jamieson

56 In section 57, page 28, line 17, at end insert—

<that the officer considers necessary>

Cathy Jamieson

57 In section 57, page 28, line 19, leave out <their> and insert <its>

Cathy Jamieson

58 In section 57, page 28, line 21, leave out <the event of> and insert <respect of harm caused by>

Cathy Jamieson

59 In section 57, page 29, line 9, after <cause> insert—

<(a) which the officer proposes to do on the relevant premises under the power mentioned in paragraph (d) or (e) of subsection (2); or

(b)>

Cathy Jamieson

60 In section 57, page 29, line 10, leave out <subsection (2)(g)> and insert <paragraph (g) of that subsection,>

Cathy Jamieson

61 In section 57, page 29, line 10, at end insert—

<( ) If an enforcement officer exercises the power in subsection (2)(h), the officer shall leave a notice at the relevant premises with a person who is subject to any of the Chapter 1 duties in relation to the relevant premises (or, if that is impracticable, fix the notice in a prominent position at the relevant premises) giving particulars of the article or substance and stating that the officer has taken possession of it.>

Section 58

Cathy Jamieson

62 In section 58, page 29, line 21, leave out from <there> to end of line 26 and insert <use of relevant premises involves or will involve a risk to relevant persons so serious that use of the relevant premises ought to be prohibited or restricted>

Cathy Jamieson

63 In section 58, page 30, line 7, leave out from <by> to <premises> in line 8 and insert <relevant premises fall within paragraph (a) of subsection (3B) of section 72>

Cathy Jamieson

64 In section 58, page 30, leave out subsection (8) and insert—

<( ) Where an enforcing authority serves a prohibition notice on the occupier of relevant premises, the authority may, by notice in writing to the occupier, withdraw the prohibition notice.>

Section 59

Cathy Jamieson

65 In section 59, page 30, line 21, leave out <the reason> and insert <why>

Cathy Jamieson

66 In section 59, page 30, leave out lines 39 and 40 and insert—

<( ) subject to subsection (5A), the person appointed under section 7(1) of the Building (Scotland) Act 2003 (asp 8) as verifier in relation to those premises;>

Cathy Jamieson

67 In section 59, page 31, line 9, at end insert—

<(5A) If the local authority in whose area the relevant premises are situated is also in relation to those premises—

(a) the enforcing authority; and

(b) the person appointed under section 7(1) of the Building (Scotland) Act 2003 (asp 8) as verifier,

the enforcing authority need not consult the local authority.>

Cathy Jamieson

68 In section 59, page 31, line 12, after <notice> insert <on a person>

Cathy Jamieson

69 In section 59, page 31, line 13, leave out <withdraw the> and insert <by notice in writing to the person withdraw the enforcement>

Cathy Jamieson

70 In section 59, page 31, line 15, after second <the> insert <enforcement>

Section 60

Cathy Jamieson

71 In section 60, page 31, line 23, leave out <the event of> and insert <respect of harm caused by>

Cathy Jamieson

72 In section 60, page 31, line 29, at end insert <where>

Cathy Jamieson

73 In section 60, page 31, line 30, leave out <where> and insert <it is proposed that>

Cathy Jamieson

74 In section 60, page 31, line 30, leave out <is> and insert <be>

Cathy Jamieson

75 In section 60, page 31, line 31, leave out <the change could significantly increase the> and insert <if made, the change would constitute a serious>

Cathy Jamieson

76 In section 60, page 31, line 31, leave out <the event of> and insert <respect of harm caused by>

Cathy Jamieson

77 In section 60, page 31, line 33, at end insert <before it is made>

Cathy Jamieson

78 In section 60, page 32, leave out subsection (6) and insert—

<( ) Where an enforcing authority serves an alterations notice on an appropriate person, the authority may, by notice in writing to the appropriate person, withdraw the alterations notice.>

Section 61

Cathy Jamieson

79 In section 61, page 32, line 8, after <served> insert <or, if the relevant notice is a prohibition notice, a person who in relation to the relevant premises to which the notice relates is subject to the duties imposed by section 49 or 50>

Cathy Jamieson

80 In section 61, page 32, line 21, at end insert—

<( ) If not recalled by the sheriff, a suspension order shall cease to have effect on—

(a) the making of an order under subsection (1); or

(b) the abandonment of the application under this section.>

Section 62

Cathy Jamieson

81 In section 62, page 33, line 6, at end insert—

<(4) Subject to subsection (5), where a determination is made by virtue of subsection (1) or (2), the enforcing authority may not—

(a) serve an enforcement notice; or

(b) include in such a notice directions,

if the notice or, as the case may be, the directions would conflict with the determination.

(5) Subsection (4) shall not apply if, after the date of the determination, the risk to relevant persons significantly increases because a change is made to—

(a) the relevant premises; or

(b) the use to which they are put.>

Section 65

Cathy Jamieson

82 Leave out section 65 and insert—

<Consequential restriction of application of Part I of Health and Safety at Work etc. Act 1974

(1) Except as respects its application in relation to the aspects of fire safety set out in paragraph (b) of the sentence on interpretation in Section H2 of Part II of Schedule 5 to the Scotland Act 1998 (c.46) (reserved matters), Part I of the Health and Safety at Work etc. Act 1974 (c.37) ("the 1974 Act") and any regulations made under it shall not apply in relation to fire safety.

(2) Nothing in subsection (1) affects the operation of Part I of the 1974 Act or any such regulations where an enforcing authority is also, for the purposes of that Part or, as the case may be, those regulations, an enforcing authority (as defined in section 18(7)(a) of the 1974 Act).>

Section 66

Cathy Jamieson

83 Leave out section 66

Section 67

Cathy Jamieson

84 In section 67, page 34, line 23, leave out <requirement> and insert <restriction>

Cathy Jamieson

85 In section 67, page 35, line 7, at beginning insert <Subject to subsection (9A),>

Cathy Jamieson

86 In section 67, page 35, line 11, at end insert—

<(9A) The Scottish Ministers may make regulations specifying cases in relation to which subsection (9) shall not apply.>

Cathy Jamieson

87 In section 67, page 35, line 14, at end insert—

<( ) The Scottish Ministers may make regulations applying subsection (10) in relation to proceedings for offences specified in the regulations.>

Cathy Jamieson

88 In section 67, page 35, line 14, at end insert—

<( ) The Scottish Ministers may by regulations provide that in proceedings for such offences under this Part as may be specified in the regulations the onus of showing that it was not practicable to do more than was done shall be on the accused.>

After section 68

Cathy Jamieson

89 After section 68, insert—

< Offence due to fault of other person

(1) Where the commission by any person ("A") of an offence under this Part is due to the act or default of some other person ("B"), B shall be guilty of the offence.

(2) B may be charged with and convicted of an offence by virtue of subsection (1) whether or not proceedings are taken against A.>

Section 69

Cathy Jamieson

90 In section 69, page 35, line 33, at end insert <or

( ) a person of a description specified in regulations made by the Scottish Ministers on whom duties are imposed by virtue of section 54(1)>

Section 72

Cathy Jamieson

91 In section 72, page 37, line 11, leave out from <(as> to end of line 12

Cathy Jamieson

92 In section 72, page 37, line 26, at end insert <which is situated away from the undertaking’s buildings>

Cathy Jamieson

93 In section 72, page 37, line 31, at end insert—

<(3A) In paragraph (a) of subsection (2), "domestic premises" means premises occupied as a private dwelling (including a stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is used in common by the occupants of more than one such dwelling); but does not include premises such as are mentioned in subsection (3B).

(3B) Those premises are—

(a) a house as respects which the giving of permission to occupy it is an activity for which a licence under the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 (S.S.I. 2000/177) is required;

(b) premises used for the provision of a care home service (as defined in subsection (3) of section 2 of the Regulation of Care (Scotland) Act 2001 (asp 8));

(c) premises used for the provision of a school care accommodation service (as defined in subsection (4) of that section);

(d) premises used for the provision of an independent health care service (as defined in subsection (5) of that section);

(e) premises used for the provision of a secure accommodation service (as defined in subsection (9) of that section);

(f) premises which would fall within paragraph (a) but for there being in force in respect of them a control order under section 178 of the Housing (Scotland) Act 1987 (c.26); and

(g) premises which would fall within paragraph (a) but for there being in force in respect of them a management control order granted by virtue of section 74 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).>

Cathy Jamieson

94 In section 72, page 38, line 1, at end insert—

<( ) Where the Scottish Ministers exercise the power in subsection (6), they may by regulations make any modifications of this Part in its application, in consequence of the exercise of that power, to relevant premises specified in the regulations under that subsection that they consider necessary or expedient.>

Section 73

Cathy Jamieson

95 In section 73, page 38, line 24, at end insert—

<"work" and "at work" shall be construed in accordance with section 52 of the Health and Safety at Work etc. Act 1974 (c.37)>

Cathy Jamieson

96 In section 73, page 38, line 25, after <employer> insert <and the employer’s employees>

Section 81

Cathy Jamieson

97 In section 81, page 41, line 15, after <section> insert <56(7), 72(6) or>

Schedule 3

Cathy Jamieson

98 In schedule 3, page 43, line 3, at end insert—

<The Civil Defence Act 1948 (c.5)

(1) The Civil Defence Act 1948 shall be amended as follows.

(2) In subsection (1)(b) of section 1 (civil defence functions of Ministers), for "fire brigades" substitute "employees of relevant authorities (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00)".

(3) In section 5 (civil defence obligations)—

(a) for "and fire brigades" substitute ", employees of relevant authorities (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00))";

(b) the words "and brigades" are repealed; and

(c) for "respectively" substitute "and by employees of relevant authorities (as so defined)".

(4) In section 9(1) (interpretation) the definition of "fire brigade" is repealed.

The Pipe-lines Act 1962 (c.58)

In section 37 of the Pipe-lines Act 1962 (persons to be notified of certain pipe-line accidents)—

(a) in each of subsections (1)(a) and (2)(a), after "fire" insert "and rescue authority"; and

(b) in subsection (4), for paragraph (a) substitute—

"(a) "fire and rescue authority", in relation to any area, means a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00)) for the area;".

The Gas Act 1965 (c.36)

(1) The Gas Act 1965 shall be amended as follows.

(2) In section 17 (provisions in relation to gas-related accidents), in subsection (5)(a) for "fire authority" substitute "fire and rescue authority".

(3) In section 28(1) (interpretation), for the definition of "fire authority" substitute—

""fire and rescue authority" means a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00);".

The Transport Act 1968 (c.73)

In section 102(4) of the Transport Act 1968 (application to the Crown and exemptions)—

(a) the words "or fire brigade" are repealed; and

(b) after "purposes" insert "or for or in connection with the exercise of any function of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00))">

Cathy Jamieson

99 In schedule 3, page 43, line 6, at end insert—

<The Control of Pollution Act 1974 (c.40)

In subsection (2)(a) of section 62 of the Control of Pollution Act 1974 (restrictions on use of loudspeakers in streets)—

(a) the words ", fire brigade" are repealed; and

(b) after "purposes," insert "for or in connection with the exercise of any function of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00)),".

The Local Government (Scotland) Act 1975 (c.30)

(1) The Local Government (Scotland) Act 1975 shall be amended as follows.

(2) For paragraph (a) of section 23(2) (authorities subject to investigation) substitute—

"(a) any joint fire and rescue board constituted by an amalgamation scheme under section 2 of the Fire (Scotland) Act 2005 (asp 00);".

(3) In subsection (3)(b) of section 29A (consideration of adverse reports), for "fire" substitute "joint fire and rescue boards".

The Licensing (Scotland) Act 1976 (c.66)

(1) The Licensing (Scotland) Act 1976 shall be amended as follows.

(2) In each of—

(a) subsection (1)(e) of section 16 (objections in relation to licence applications);

(b) subsections (5) and (6) of section 23 (special provisions relating to applications for a new licence);

(c) subsection (1) of section 24 (special provisions relating to applications for renewal of a licence);

(d) subsection (3) of section 35 (consent of licensing board required for works to certain licensed premises); and

(e) subsection (2)(c) of section 105 (procedure on application for grant or renewal of registration),

after "fire" insert "and rescue".

(3) In subsection (1) of section 139 (interpretation), for the definition of "fire authority" substitute—

""fire and rescue authority" means a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00));".>

Cathy Jamieson

100 In schedule 3, page 43, line 15, at end insert—

<The Local Government, Planning and Land Act 1980 (c.65)

In subsection (1) of section 2 of the Local Government, Planning and Land Act 1980 (local authorities to whom a duty to publish information applies), for paragraph (h) substitute—

"(h) a joint fire and rescue board constituted by an amalgamation scheme under section 2 of the Fire (Scotland) Act 2005 (asp 00);".

The Road Traffic Regulation Act 1984 (c.27)

In section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed limits)—

(a) the words "fire brigade," shall be repealed; and

(b) after "purposes" insert "or for or in connection with the exercise of any function of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00))".

The Housing (Scotland) Act 1988 (c.43)

In the Housing (Scotland) Act 1988—

(a) for sub-paragraph (vii) of subsection (3)(a) of section 43 (conditions necessary to make a tenancy a housing association tenancy or secure tenancy) substitute—

"(vii) a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00);" and;

(b) for paragraph (g) of subsection (4) of section 45 (certain tenancies not to be capable of being protected or secure tenancies) substitute—

"(g) a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00);".

The Tay Road Bridge Order Confirmation Act 1991 (c.iv)

In the Schedule (Provisional Order confirmed by Act) to the Tay Road Bridge Order Confirmation Act 1991, in paragraph (b) of subsection (2) of section 54, for the words from "a" where it first occurs to the end of that paragraph substitute "an employee of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00))".

The Strathclyde Regional Council Order Confirmation Act 1991 (c.xx)

In the Schedule to the Strathclyde Regional Council Order Confirmation Act 1991, in paragraph (a) of subsection (8) of section 3—

(a) the word ", fire" shall be repealed; and

(b) after "services" insert ", or by a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00))".

The Local Government etc. (Scotland) Act 1994 (c.39)

In subsection (4) of section 43 (guidance as to exercise of traffic powers) of the Local Government etc. (Scotland) Act 1994, for paragraph (b) substitute—

"(b) the relevant authorities (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00));".

The Merchant Shipping Act 1995 (c.21)

In section 135(1) of the Merchant Shipping Act 1995 (restrictions on transfer of oil at night), for "fire brigade" substitute "relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00)) or any other employer of fire-fighters".

The Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 (c xii)

In the Schedule to the Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996, in subsection (9) of section 6 for "the fire service" substitute "a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00))".

The Housing (Scotland) Act 2001 (asp 10)

In paragraph 2 of schedule 1 to the Housing (Scotland) Act 2001 (tenancies which are not Scottish secure tenancies)—

(a) in sub-paragraph (b), for the words from "a" where it first occurs to "(c.41)" substitute "an employee of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 00))"; and

(b) in sub-paragraph (c), for "fire brigade" substitute "authority".

The Freedom of Information (Scotland) Act 2002 (asp 13)

In schedule 1 to the Freedom of Information (Scotland) Act 2002 (Scottish public authorities), for paragraph 9, substitute "Her Majesty’s Chief Inspector of Fire and Rescue Authorities".>

Cathy Jamieson

101 In schedule 3, page 43, line 21, at end insert—

<( ) The Local Government in Scotland Act 2003 shall be amended as follows.

( ) In subsection (1)(d) of section 16 (community planning: further provision), for the words from "board" to the end of that paragraph substitute "fire board".

( ) In subsection (9) of section 22 (limits on power to advance well-being), at the beginning insert "Subject to section 15(3) of the Fire (Scotland) Act 2005 (asp 00),".

( ) In section 25 (scrutiny of local authorities’ police and fire functions)—

(a) in subsection (2)—

(i) for "Services for Scotland" substitute "and Rescue Authorities";

(ii) for "24 of the Fire Services Act 1947 (c.41)" substitute "39 of the Fire (Scotland) Act 2005 (asp 00)";

(iii) in paragraph (a), after "fire" insert "and rescue"; and

(b) in subsection (3)(a), after "fire" insert "and rescue".>

Cathy Jamieson

102 In schedule 3, page 43, line 22, leave out <of the Local Government in Scotland Act 2003 (asp1)>

Schedule 4

Cathy Jamieson

103 In schedule 4, page 44, line 5, at end insert—

<The Fire Services Act 1959 (c.44) The whole Act except sections 8 to 10.

The Town and Country Planning In paragraph 2 of the Fourth Schedule, the words "the

(Scotland) Act 1959 (c.70) Fire Services Act, 1947;">

Cathy Jamieson

104 In schedule 4, page 44, line 6, at beginning insert—

<Section 56(9)(a)

Section 64(5)(a).>

Cathy Jamieson

105 In schedule 4, page 44, line 7, at end insert—

<The Roads (Scotland) Act 1984 (c.54) Paragraph 34 of Schedule 9.

The New Roads and Street Works Act Paragraph 99 of Schedule 8.

1991 (c.22)>

Cathy Jamieson

106 In schedule 4, page 44, line 8, at end insert—

<Section 55(8).

In section 55(12), the words from ", any" where it secondly occurs to "1947".

Paragraph 27 of Schedule 13.>

Cathy Jamieson

107 In schedule 4, page 44, line 9, at end insert—

<The Criminal Procedure (Consequential) The entries relating to the Fire Services Act 1947 Provisions) (Scotland) Act 1995 (c.40) (c.41) in the table in each of Parts II and III of Schedule 2.

The Merchant Shipping and Maritime Section 4.>

Security Act 1997 (c.28)

Long Title

Cathy Jamieson

108 In the long title, page 1, line 6, leave out <non-domestic>



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