Fire (Scotland) Act

For England, North Ireland & Wales see the Fire Safety Regulations Guide

The Act details the duties of the Fire and Rescue Service which include the promotion of community safety as well as responding to emergencies, such as fire.

The Act also specifies who has responsibility for fire safety in non-domestic premises in Scotland.

Since August 2005 a number of amendments have been made to the Act and several statutory instruments made under the Act.

An overview of Part 3 of the Act and associated subordinate legislation including the Fire Safety (Scotland) Regulations 2006 is now available by clicking on the links below:

Click here for Legislation Overview in PDF format

Click here for Legislation Overview in HTML format

You can view the most up-to-date version of the Act and all legislation relevant to the Act by accessing an online legal information service. Alternatively, you can access the Act and the statutory instruments via the following links (a brief description of the statutory instrument has also been provided):

An unamended version of the Fire (Scotland) Act 2005 can be viewed at:

www.opsi.gov.uk/legislation/scotland/acts2005/20050005.htm

Explanatory Notes to Fire (Scotland) Act 2005

www.opsi.gov.uk/legislation/scotland/en2005/2005en05.htm

The Fire Safety (Scotland) Regulations 2006 (SSI 2006/456)

These Regulations make provision in connection with the carrying out of assessments to identify risks in respect of harm caused by fire, and the review of those assessments. They also make provision about fire safety in relevant premises (as defined in section 78 of the Fire (Scotland) Act 2005 (asp 5) ("the 2005 Act")).

http://www.opsi.gov.uk/legislation/scotland/ssi2006/20060456.htm

The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (SSI 2006/475)

This Order made under sections 87 and 88(2) of the Fire Scotland Act 2005 (asp 5), ("the 2005 Act") makes modifications and repeals of primary legislation in consequence of Part 3 of the 2005 Act. The Order also includes savings relevant to the repeal of the Fire Precautions Act 1971.

http://www.opsi.gov.uk/legislation/scotland/ssi2006/20060475.htm

The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) (No. 2) Order 2006 (SSI 2006/457)

This Order modifies and revokes secondary legislation in consequence of Part 3 of the Fire (Scotland) Act 2005 ("the 2005 Act"). http://www.opsi.gov.uk/legislation/scotland/ssi2006/20060457.htm

The Fire (Scotland) Act 2005 (Commencement No. 3 and Savings) Order 2006 (SSI 2006/458)

This Order brings section 16A, Part 3 and schedule 2 of the Fire (Scotland) Act 2005 (so far as not already in force) into force on 1st October 2006. These are the only remaining provisions of the Fire (Scotland) Act 2005 not yet in force. The Order also makes a savings provision in respect of the Control of Major Accident Hazards Regulations 1999, which shall continue to apply in relation to fire safety.

http://www.opsi.gov.uk/legislation/scotland/ssi2006/20060458.htm

The Fire (Scotland) Act 2005 (Commencement No. 1) Order 2005 (SSI 2005/207)

This Order brought into force the following provisions of the Fire (Scotland) Act 2005 - sections 82 and 87; and sections 11, 16, 40, 57, 58 and 78 so far as these sections enable orders or regulations to be made. As far as Part 3 is concerned, this enables Scottish Ministers to make regulations about the carrying out of assessments and reviews, about fire safety and about the application and meaning of the term "relevant premises".

www.opsi.gov.uk/legislation/scotland/ssi2005/20050207.htm

The Fire (Scotland) Act 2005 (Commencement No. 2) Order 2005 (SSI 2005/392)

This Order brought into force the following provisions of the Fire (Scotland) Act 2005, so far as they are not already in force:– Parts 1, 2, 4 and 5; and schedules 1, 3 and 4.

www.opsi.gov.uk/legislation/scotland/ssi2005/20050392.htm

The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/2060)

This Order amends the Fire (Scotland) Act 2005 in respect of provision for relevant authorities to exercise their powers at sea and charge for these activities, applies fire safety provision to premises occupied by the armed forces of the crown and others, applies part 3 to ships and hovercraft, provides for the Health and Safety Executive and Defence Fire Service as an enforcing authority and provides for the modification of other acts and subordinate legislation.

www.opsi.gov.uk/si/si2005/20052060.htm
www.opsi.gov.uk/si/em2005/uksiem_20052060_en.pdf (Explanatory memorandum)

The Fire (Additional Function) (Scotland) Order 2005 (SSI 2005/342)

This Order specifies those additional functions relating to emergencies which are to be conferred on relevant authorities in relation to chemical, biological, radiological or nuclear incidents, search and rescue, serious flooding, and serious transport incidents.

www.opsi.gov.uk/legislation/scotland/ssi2005/20050342.htm

The Fire (Charging) (Scotland) Order 2005 (SSI 2005/343)

This Order and Schedule describes the actions for which a relevant authority may make a charge and specifies the description of the persons who may be subject to the charge.

www.opsi.gov.uk/legislation/scotland/ssi2005/20050343.htm

The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (SSI 2005/383)

This Order makes amendments to and repeals provisions in primary legislation which are consequential for the purposes, or in consequence of, the Fire (Scotland) Act 2005

www.opsi.gov.uk/legislation/scotland/ssi2005/20050383.htm
www.opsi.gov.uk/legislation/scotland/sen2005/ssien_20050383_en.pdf (Executive Note)

The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (SSI 2005/344)

This Order makes amendments to and revokes provisions in subordinate legislation which are consequential for the purposes of, or in consequence of, the Fire (Scotland) Act 2005

www.opsi.gov.uk/legislation/scotland/ssi2005/20050344.htm

The Fire (Scotland) Act 2005 (Relevant Premises) Regulations 2005 (SSI 2005/352)

These Regulations modified the definition of relevant premises in section 78 of the Fire (Scotland) Act 2005 by deleting the reference to construction sites in subsection (2)(b) and deleting subsection (2)(c).

www.opsi.gov.uk/legislation/scotland/ssi2005/20050352.htm

The Fire and Rescue Services (Framework) (Scotland) Order 2005 (SSI 2005/453)

This Order gives effect to the document prepared by the Scottish Ministers and entitled The Fire and Rescue Framework for Scotland 2005.

www.opsi.gov.uk/legislation/scotland/ssi2005/20050453.htm

Electronic Communications (Scotland) Order 2006 (SSI 2006/367)

This order amends the Fire (Scotland) Act 2005 (Sec 24(1),(3)) to allow notices in respect of works affecting water supply and fire hydrants to be issued and delivered by means of electronic communication.

www.opsi.gov.uk/legislation/scotland/ssi2006/20060367.htm

Further information can be found at www.fireisk.com or for England, North Ireland & Wales see the Fire Safety Regulations Guide