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Fire Scotland Act 2005 Scottish Fire Safety Legislation Law​

​​Previous fire safety legislation law in Scotland has been replaced primarily by the Fire (Scotland) Act 2005, as amended, and by the secondary regulations made under that Act known as the Fire safety (Scotland) Regulations 2006. Domestic premises do not generally fall within the scope of this Act, but there are exceptions which include those requiring a licence under the Houses in Multiple Occupation mandatory licensing scheme, and care home premises. However, the legislation does require any equipment or facilities provided for the protection or use of fire-fighters and located in common areas of private dwellings to be maintained. The Scottish Government has produced practical information on Sector Specific Guidance to advise those with responsibilities under Part 3 Section 53 & 54 of the Fire (Scotland) Act 2005, as amended, and the Fire Safety (Scotland) Regulations 2006.

​​All sections of Part 3 of the 2005 Act commenced in full on 1st October 2006. Part 3 introduced a fire safety regime for Scotland which replaced previous fire safety legislation. The principal legislation which was repealed or revoked was: ​

 

·           the Fire Precautions Act 1971 (“the 1971 Act”)

·     the Fire Certificates (Special Premises) Regulations 1976 (“the 1976 Regulations”).

·    the Fire Precautions (Workplace) Regulations 1997 (“the 1997 Regulations)”

·        the general fire safety provisions of the Management of Health and Safety at Work Regulations 1999 (“the 1999 Regulations”)

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The Fire Safety (Scotland) Regulations 2006 (“the 2006 Regulations”) are made under the 2005 Act and contain provisions which are part of the fire safety regime. The 2006 Regulations cannot be looked at in isolation, the fire safety regime in Scotland is split into primary and secondary legislation and dutyholders have obligations under the 2005 Act and these regulations. In some respects the primary legislation (the 2005 Act) contains a broad brush approach to fire safety measures while the 2006 Regulations contain more detailed provisions. ​

 

A series of sector specific guides has been produced providing practical fire safety guidance for those with responsibilities under Part 3 of the Fire (Scotland) Act 2005, as amended, and the Fire Safety (Scotland) Regulations 2006.​

 

Where possible, the guides do not set down prescriptive standards, but provide recommendations regarding the fire safety risk assessment process, the reduction of risk and guidance on fire safety measures that can be implemented to mitigate risk. However, there is no obligation to adopt any particular solution in the guides if the outcomes of a fire safety risk assessment can be met in some other way.

 

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   This overview of fire safety legislation in Scotland should be read in conjunction with the Fire  (Scotland) Act and the Fire safety Regulations 2006.  Reference should also be made to the provisions of the Fire Safety (Scotland) Regulations 2006 (S.S.I. 2006/456) (“the 2006 Regulations”). The fire safety regime in Scotland is contained both in primary legislation (the 2005 Act) and subordinate legislation (the 2006 Regulations). Both impose obligations on dutyholders, neither can be considered in isolation.

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