SCHEDULE
Article 2(1)
SCHEDULE
PART 1
MODIFICATIONS OF STATUTORY INSTRUMENTS
The Cinematograph (Safety) (Scotland) Regulations 1955 (S.I.1955/1125 (S.112))
1.—(1) The Cinematograph (Safety) (Scotland) Regulations 19552are amended as follows.
(2) In paragraph (3) of regulation 5 (fire precautions), for “fire brigade” substitute “employees of the relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))”.
(3) In paragraph (2) of regulation 21 (electric discharge-lamps), for “members of the fire brigade” substitute “employees of the relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))”.
The Tribunals and Inquiries (Discretionary Inquiries) Order 1975 (S.I.1975/1379)
2. After paragraph 19A of Part I of the Schedule to the Tribunals and Inquiries (Discretionary Inquiries) Order 19753(inquiries designated for the purposes of the Tribunals and Inquiries Act 1992) insert–
“19B. Any inquiry held under section 34(7), 37(2) or 80 of the Fire (Scotland) Act 2005.”.
The Building (Procedure) (Scotland) Regulations 1981 (S.I.1981/1499)
3. In paragraph (2)(b)(ii) of regulation 20 of the Building (Procedure) (Scotland) Regulations 19814(preparation of draft direction), for “firemaster of the fire authority” substitute “Chief Officer of the relevant authority (as defined in section 6 of the Fire (Scotland) Act 2002 (asp 5))”.
The Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 1985 (S.I.1985/1047)
4. In paragraph (h) of article 3 of the Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 1985 (exemption under section 1 subject to conditions), for “local fire brigade” substitute “relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the area in which the premises are situated”.
The Road Vehicles (Construction and Use) Regulations 1986 (S.I.1986/1078)
5.—(1) The Road Vehicles (Construction and Use) Regulations 19865are amended as follows.
(2) In regulation 10B(3)(f) (vehicles to which regulation 10A applies), for “a motor vehicle” to “1947” substitute “a motor vehicle used by employees of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the purposes of that authority under that Act”.
(3) In regulation 10C(7)(d) (meaning of “trailer”), for “a fire brigade” to “1947” substitute “employees of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the purposes of that authority under that Act”.
(4) In the following provisions, for the words “fire brigade” substitute “relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” in each place where the words occur–
(a)
(a) regulation 36B(14)(e) (speed limits);
(b)
(b) regulation 37(5)(a) (audible warning instruments);
(c)
(c) regulation 82(10)(a) (wide loads);
(d)
(d) regulation 101(2)(a) (parking in darkness); and
(e)
(e) regulation 107(2)(a) (leaving motor vehicles unattended).
The Dangerous Substances in Harbour Areas Regulations 1987 (S.I.1987/37)
6. In paragraphs (1) and (2) of regulation 30 of the Dangerous Substances in Harbour Areas Regulations 19876(storage tanks), for “fire authority” substitute “relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))”.
The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989 (S.I.1989/76)
7. In paragraph (2)(c) of article 5 of the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989 (premises exempt from requirement for fire certificate) and article 6(1) (premises qualifying for exemption by fire authorities from requirement for fire certificate), for “fire authority” substitute “relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))”.
The Fire Precautions (Sub-surface Railway Stations) Regulations 1989 (S.I.1989/1401)
8.—(1) The Fire Precautions (Sub-surface Railway Stations) Regulations 1989 are amended as follows.
(2) In regulation 2 (interpretation) after “installed;” insert–
““relevant authority” means a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))”; and
(3) In regulation 5 (means for fighting fire)–
(a)
(a) in paragraph (3) for “fire brigade” substitute “relevant authority”;
(b)
(b) in paragraph (7) for “fire brigade” substitute “relevant authority”;
(c)
(c) in paragraph (8) for “members of the fire brigade” substitute “employees of the relevant authority” in both places where the words occur.
(4) In paragraph (2)(b) of regulation 9 (instruction and training of persons working in premises)–
(a)
(a) for “fire brigade” where it first occurs substitute “relevant authority”; and
(b)
(b) for “members of the fire brigade” substitute “employees of the relevant authority”.
(5) In regulation 12 (exemption from requirements), in paragraphs (1), (1A) and (2) for “fire authority” substitute “relevant authority”.
The Road Vehicles Lighting Regulations 1989 (S.I.1989/1796)
9. In the table in paragraph (2) of regulation 3 of the Road Vehicles Lighting Regulations 19897(interpretation), in paragraph (a) of the definition of “emergency vehicle” for the words “fire brigade” substitute “relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))”.
The Dangerous Substances (Notification and Marking of Sites) Regulations 1990 (S.I.1990/304)
10. In paragraph (1) of regulation 2 of the Dangerous Substances (Notification and Marking of Sites) Regulations 19908(interpretation), in the definition of “fire authority”, for “authority discharging” to the “Fire Services Act 1947” insert “ relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the area in which the site is situated”.
The Electrical Luminous Tube Signs (Scotland) Regulations 1990 (S.I.1990/683)
11.—(1) The Electrical Luminous Tube Signs (Scotland) Regulations 1990 are amended as follows.
(2) In regulation 2 (interpretation) after the definition of “apparatus” insert–
““relevant authority” means a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)”.
(3) In paragraph (a)(ii) of regulation 3 (fireman’s emergency switches), and in paragraphs (1), (2) and (3) of regulation 5 (notice of installation of apparatus), for “fire authority” in each place where it occurs substitute “relevant authority”.
The Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (S.I.1992/1215)
12. In paragraph (1) of regulation 2 of the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (interpretation), in the definition of “fire authority” for the words from “fire authority” (where it secondly occurs) to “1947” substitute “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))”.
The Motor Vehicles (Wearing of Seat Belts) Regulations 1993 (S.I.1993/176)
13. In paragraph (1)(f) of regulation 6 of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 (exemptions), for “fire brigade” substitute “relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))”;
The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 (S.I.1993/323)
14. In regulation 11 of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 19939(consultation before the grant of hazardous substances consent)–
(a) in paragraph (1)(e) for “fire authority” substitute “relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))”; and
(b) in paragraph (1)(k)(ii) for “fire authority”...
