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Dear Sir/Madam,
FIRE SAFETY IN SCOTLAND
This letter seeks your views, by 11 November 2005, on
the Scottish Executive's proposals in respect of some of
the detail of the new fire safety regime in Scotland.
As you may be aware, the Fire (Scotland) Bill was passed
by the Scottish Parliament on 23 February and received
Royal Assent on 1 April 2005. The Fire (Scotland) Act 2005
("the 2005 Act") can be accessed at
http://www.hmso.gov.uk/legislation/scotland/acts2005/20050005.htm.
The 2005 Act came into force on 2 August 2005 with the
exception of Part 3 which introduces a new fire safety
regime in Scotland and which is planned to come into force
in spring 2006.
The new fire safety regime is based on fire risk
assessment and will cover most premises in Scotland but not
private dwellings (with the exception of some maintenance
requirements in respect of fire-fighting equipment located
in the common areas of private dwellings). Sections 57 and
58 of the 2005 Act provide Scottish Ministers with the
power to make regulations about the carrying out of fire
risk assessments and fire safety in premises covered by the
new regime.
During the Fire (Scotland) Bill's progress through the
Scottish Parliament, work started on drafting fire safety
regulations and an early draft was forwarded to the Justice
2 Committee in January 2005 to assist them with their
consideration of the Bill. Since then, work has continued
on the regulations, including a short pre-consultation
earlier in the year with several key stakeholders and the
comments received have informed the latest draft
regulations which we are now publishing for a full 12 week
consultation with stakeholders. We would welcome your
comments on the proposed draft regulations.
Work has also progressed on a draft Regulatory Impact
Assessment (an assessment of the impact in terms of the
costs, benefits and risks of the proposed regulations).
Please note that the draft Assessment was prepared earlier
in the year on the basis of statistical information
available at that time and will require to be updated with
the most recent data available prior to the laying of the
regulations in the Scottish Parliament in due course. It is
intended that the fire safety regulations will come into
force at the same time as Part 3 of the 2005 Act. In
addition to this letter, the enclosed Fire Safety in
Scotland consultation pack contains:
· a questionnaire inviting your comments on the draft
fire safety regulations;
· draft fire safety regulations;
· a note summarising the new fire safety regime, briefly
describing each regulation and including an extract from
the 2005 Act;
· a draft Regulatory Impact Assessment; and
· a pre-paid reply envelope.
Please read the guidance note at the beginning of the
questionnaire before completing it. The questionnaire can
be completed online at
www.scotland.gov.uk/consultations
or by completing the paper copy included in the pack and
returning it in the pre-paid reply envelope to:
Stephen O'Connor
Fire Services Division
Scottish Executive Justice Department
Room GW15
St Andrews House
Regent Road
EDINBURGH
EH1 3DG
Comments should be submitted by 11 November 2005. Please
complete Part A of the questionnaire to indicate whether
you are content for your response to be made public in due
course.
Attached is a list of the stakeholders to whom a copy of
the Fire Safety in Scotland consultation pack has been
issued. The consultation papers are also available on the
Scottish Executive website at
www.scotland.gov.uk/consultations.
The fire safety regulations will be complemented by a
series of sector-specific guidance documents to assist
those with responsibilities to comply with the new
legislation. These guidance documents will be the subject
of future consultation and the final question in the
questionnaire seeks expressions of interest from
stakeholders who would be interested in taking part in the
consultations in due course.
If you have any questions about the consultation
process, please contact Stephen O'Connor on 0131 244 2784
or e-mail us at
FireScotlandAct@scotland.gsi.gov.uk
Yours faithfully
JOHN NICHOLLS
LIST OF KEY STAKEHOLDERS FOR
CONSULTATION
Local Government
Convenors of fire and rescue boards
Chief Officers
Chief Fire Officers Association (CFOA)
Chief Executives of local authorities
Convention of Scottish Local Authorities (CoSLA)
Society of Local Authority Chief Executives and Senior
Manager (SOLACE)
Association of Chief Police Officers (Scotland)
(ACPOS)
Scottish Parliament
Justice 2 Committee
Scottish Labour Party
Scottish Liberal Democrats
Scottish Conservative and Unionist Party
Scottish Nationalist Party
Scottish Socialist Party
Scottish Green Party
Scottish Senior Citizens' Unity Party
Dennis Canavan, MSP
Ms Jean Turner, MSP
Ms Margo MacDonald, MSP
Scottish Youth Parliament
Scottish Parliament's Information Centre
Other Government Departments/Organisations
Scottish Fire Services College
Health and Safety Executive
Scottish Environment Protection Agency
Maritime and Coastguard Agency
Scotland Office
National Assembly for Wales
Northern Ireland Executive
Office of the Deputy Prime Minister
Audit Scotland
Cairngorms National Park Authority
Historic Scotland
Health Protection Scotland
Scottish Commission for the Regulation of CareTrade
Unions/Staff Associations
Fire Brigades Union (FBU)
Scottish Trades Union Congress (STUC)
Retained Firefighters Union (RFU)
Fire Officers' Association
Association of Principal Fire Officers
UNISON
Professional Bodies/Trade Associations
Institution of Fire Engineers
Association of British Insurers
Emergency Planning Society
Forestry and Timber Association
World Fire Statistics Centre
Royal Institution of Chartered Surveyors (RICS) in
Scotland Building Control Forum
Scottish Association of Building Standards Managers
Equality and Diversity Groups
Positive Action in Housing
Commission for Racial Equality
Equal Opportunities Commission
Action of Churches Together in Scotland
Scottish Interfaith Council
Scottish Human Rights Centre
African and Caribbean Network
West of Scotland Racial Equality Council
Grampian Racial Equality Council
Tayside Racial Equality Council
Central Scotland Racial Equality Council
Edinburgh and Lothians Racial Equality Council
Scottish Gypsy/Traveller Association
Scottish Refugee Council
Black Community Development Project
BEMIS
Inclusion Scotland
Scottish Disability Equality Forum
Disability Rights Commission
Enable
SENSE Scotland
Capability Scotland
Royal National Institute for the Blind (RNIB)
Royal National Institute for Deaf People (RNID)
Scottish Association for Mental Health
Scottish Council on Deafness
Glasgow Women's Library
Engender
Scottish Council of Jewish Communities
Equality Network
Lesbian, Gay, Bisexual and Transgender (LGBT) Youth
Age Concern Scotland
Help the Aged
OUTRIGHT Scotland
NCH (formerly known as National Children's Home)
Turning Point
Business Sector
Confederation of British Industry (CBI)
Federation of Small Businesses
Forum of Private Businesses
Institute of Directors
Scottish Chambers of Commerce
Scottish Retail Consortium
Scottish Food and Drink Federation
Fire Industry Confederation
Mason Communications Ltd
Avecia
Firebreak Services Ltd
British Automatic Sprinkler Association Ltd
Chubb Fire Scotland
Gent Ltd
Kidde plc
Fire Investigation and Risk Management
Scotch Whisky Association
Emergi-Lite Safety Systems
The Malt Distillers Association of Scotland
Others
Scottish Council for Voluntary Organisations (SCVO)
Volunteer Development Scotland
Scottish Civic Forum
Scottish Ambulance Service
Fire Protection Association
Fire Service Research and Training Trust
Fire Services National Benevolent Fund
Building Research Establishment
Arson Prevention Bureau
Mountain Rescue Committee of Scotland
Trossachs Search and Rescue
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