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Fire Safety for Facilities Management Personnel – Fire Safety Regulation in Scotland – Part 45

May 11, 2020 11:36 am

Lawrence Webster Forrest (LWF) is a specialist fire engineering and fire risk management consultancy whose aim is to give information on best practice in fire safety for facilities management personnel through this blog series. In part 44, LWF began to look at the scope of the Fire (Scotland) Act. In part 45, we will continue to look at the similarities and differences between fire safety legislation in Scotland and in England and Wales.

Although there are very many similarities between the Scottish legislation –
Part 3 of the Fire (Scotland) Act 2005 and Fire Safety (Scotland) Regulations 2006 and the Regulatory Reform (Fire Safety) Order 2005 in England and Wales, there are some distinct differences too.

One significant area of difference is that the common areas in blocks of flats are excluded from the Scottish fire safety legislation, unless they comprise a workplace for a porter or concierge.

Another relates to houses of multiple occupation (HMOs). The entirety of a licensed house of multiple occupation is covered by the Scottish legislation, rather than only the common areas as in England and Wales.

Crown buildings are generally covered both by Scottish legislation and the Fire Safety Order, however, in Scotland some compliance, enforcement and offence provisions do not apply to the Defence estate, where the enforcing authority is the Defence Fire and Rescue Service.

In England and Wales, some restrictions are in place relating to all Crown properties, rather than just the Defence estate. The Fire (Scotland) Act does not provide enforcing authorities with a right of entry to premises occupied by the Crown, however.

Equally, in legislation for both Scotland and England and Wales, the Crown cannot be held criminally liable for a breach of the legislation. While the enforcing authorities in Scotland can apply to the court to declare non-compliance by the Crown unlawful, there is no such process available in England and Wales.

In part 46, LWF will look at how the ‘Responsible Person’ nomination in Fire Safety law in England and Wales does not exist in the Scottish equivalent fire legislation. In the meantime, if you have any queries about your own facilities or wish to discuss this blog series, please contact LWF on freephone 0800 410 1130.

Lawrence Webster Forrest is a fire engineering consultancy based in Surrey with over 25 years’ experience, which provides a wide range of consultancy services to professionals involved in the design, development and construction and operation of buildings.

While care has been taken to ensure that information contained in LWF’s publications is true and correct at the time of publication, changes in circumstances after the time of publication may impact on the accuracy of this information.

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