Justice 2 Committee, 19 Sep 2006
Meeting date: Tuesday, September 19, 2006
Official Report
253KB pdf
Subordinate Legislation
Fire (Scotland) Act 2005<br />(Consequential Modifications and Savings) Order 2006 (Draft)
I welcome to the 22nd meeting in 2006 of the Justice 2 Committee members of the public and the member in charge of the Christmas Day and New Year's Day Trading (Scotland) Bill, Karen Whitefield. I also welcome the Deputy Minister for Justice and his colleagues, who have come to deal with a number of items on the agenda. I remind everybody to ensure that all telephones, pagers and BlackBerrys—or whatever new versions they have—are switched off.
Item 1 is subordinate legislation, which is the first reason for the minister's being here this afternoon. The draft Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 is subject to the affirmative procedure. Members of the committee have the opportunity, before we enter into a debate, to ask the minister and his officials for clarification of any points.
Is there anything that you think we ought to ask before we go into our formal debate? It must be a unique occasion for the committee; no one has any questions.
I am content with silence.
Thank you. Members will see from the cover note that the order is an amended version of an earlier instrument, which was laid on 16 June 2006. The Subordinate Legislation Committee considered the amended order at its meeting on 5 September 2006 and is content with it.
I invite the minister to move the motion, in the absence of any questions. We shall then go to the formal debate.
The draft Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 has been made under the Fire (Scotland) Act 2005, which received royal assent on 1 April 2005. The act helps to facilitate the modernisation and reform of the Scottish fire and rescue service, and gives statutory backing to the full range of activities that are undertaken by the service. As part of that process, the act provides for increased emphasis on fire prevention and community fire safety activity.
The main provisions of the act came into force in August 2005, except for part 3, which will introduce a new fire safety regime for non-domestic premises in Scotland. That regime is based on the principles of fire safety risk assessment, which we believe will provide a more effective and streamlined fire safety environment. Part 3 and related subordinate legislation, including the order that is before the committee today, are due to come into force on 1 October 2006, at the same time as similar legislation in England and Wales. Members may be aware that, over recent weeks and months, the Executive has undertaken a programme of publicity to inform businesses, charities and voluntary organisations of the new regime.
The order will make a number of repeals, modifications and amendments to primary legislation and savings, which are required to come into force at the same time as part 3 of the 2005 act. The order is made under section 87 of the act, which enables Scottish ministers to make by order such incidental, supplementary, consequential, transitory, transitional or saving provisions as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, the 2005 act or any provision of it. The order may modify any enactment, instrument, or document.
The changes are largely technical. They include repeals to current fire safety legislation—primarily the Fire Precautions Act 1971, and references to it in United Kingdom and Scottish primary legislation. The order also sets out changes to terminology that is currently used in UK and Scottish legislation, to reflect part 3 of the 2005 act. For example, current legislation uses the terms "fire and rescue authorities" or "joint fire and rescue boards"—sometimes known as "relevant authorities". Those references have to be changed to reflect the fact that enforcement of part 3 of the 2005 act in some premises is not the responsibility of the local fire and rescue authority or of the joint fire and rescue board, as responsibility may lie instead with the enforcing authority under the 2005 act. The 2005 act lists those enforcing authorities—the fire and rescue authority or joint board, the Health and Safety Executive, the defence fire and rescue service, Her Majesty's chief inspector of fire and rescue authorities, and the local authority. Section 61 also lists the premises on which each of those authorities has responsibility for enforcing duties under part 3 of the 2005 act.
There is a saving provision in article 3 that will allow prohibition notices that are currently issued under the Fire Precautions Act 1971 in cases in which there is serious risk to remain in force. Similarly, there is a saving provision in article 4 to keep in place fire safety regulations that currently apply to sub-surface railway stations.
The order is largely a technical measure to ensure that the new fire safety regime can be properly implemented from 1 October. I commend it to the committee.
I move,
That the Justice 2 Committee recommends that the draft Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 be approved.
Motion agreed to.