Statutory Instruments of the Scottish Parliament

(i) the special, technical and organisational measures and the substances used and their possible interactions;

(ii) the amount of the substance involved;

(iii) where the work will involve more than one dangerous substance, the risk presented by such substances in combination; and

(iv) the arrangements for the safe handling, storage and transport of dangerous substances and of waste containing dangerous substances;

(d) activities, such as maintenance, where there is the potential for a high level of risk;

(e) the effect of measures which have been or will be taken pursuant to the 2005 Act and to these Regulations;

(f) the likelihood that an explosive atmosphere will occur and its persistence;

(g) the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective;

(h) the scale of the anticipated effects;

(i) any places which are, or can be connected via openings to, places in which explosive atmospheres may occur; and

(j) such additional safety information as the person with duties under section 53 or 54 may need in order to complete the assessment or review.

(i) details of relevant work hazards and hazard identification arrangements; and

(ii) specific hazards likely to arise at the time of an accident, incident or emergency;

(b) suitable warning and other communication systems are established to enable an appropriate response, including remedial actions and rescue operations, to be made immediately when such an event occurs;

(c) where necessary, before any explosion conditions are reached, visual or audible warnings are given and relevant persons withdrawn; and

(d) where the assessment indicates it is necessary, escape facilities are provided and maintained to ensure that, in the event of danger, relevant persons can leave endangered places promptly and safely.

(i) mitigate the effects of the fire;

(ii) restore the situation to normal; and

(iii) inform those relevant persons who may be affected; and

(b) only those persons who are essential for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with–

(i) appropriate personal protective equipment and protective clothing; and

(ii) any necessary specialised safety equipment and plant,

(a) the results of the assessment show that, because of the quantity of each dangerous substance in the premises, there is only a slight risk to relevant persons; and

(b) the measures taken by the person with duties under section 53 or 54 to comply with his or her duty under regulation 11 are sufficient to control that risk.

(a) properly to undertake the fire safety measures; and

(b) properly to assist his or her fellow partners in undertaking those measures.

(a) a person who has control to any extent of the common areas of private dwellings, to that extent; and

(b) if a person falls within sub-paragraph (a) other than by virtue of–


(i) having control to any extent of the common areas of private dwellings in connection with the carrying on by the person (whether for profit or not) of an undertaking; or

(ii) owning the common areas of private dwellings,

(a) reduce the quantity of dangerous substances to a minimum;

(b) avoid or minimise the release of a dangerous substance;

(c) control the release of a dangerous substance at source;

(d) prevent the formation of an explosive atmosphere, including the application of appropriate ventilation;

(e) ensure that any release of a dangerous substance which may give rise to risk is suitably collected, safely contained, removed to a safe place, or otherwise rendered safe, as appropriate;

(f) avoid–


(i) ignition sources including electrostatic discharges; and

(ii) such other adverse conditions as could result in harmful physical effects from a dangerous substance; and



(g) segregate incompatible dangerous substances.

     2. The person with duties under section 53 or 54 must ensure that mitigation measures applied in accordance with regulation 11(3)(b) include–

(a) reducing to a minimum the number of persons exposed;

(b) measures to avoid the propagation of fires or explosions;

(c) providing explosion pressure relief arrangements;

(d) providing explosion suppression equipment;

(e) providing plant which is constructed so as to withstand the pressure likely to be produced by an explosion; and

(f) providing suitable personal protective equipment.

     3. The person with duties under section 53 or 54 must–

(a) ensure that the relevant premises are designed, constructed and maintained so as to reduce risk;

(b) ensure that suitable special, technical and organisational measures are designed, constructed, assembled, installed, provided and used so as to reduce risk;

(c) ensure that special, technical and organisational measures are maintained in an efficient state, in efficient working order and in good repair;

(d) ensure that equipment and protective systems meet the following requirements–


(i) where power failure can give rise to the spread of additional risk, equipment and protective systems must be able to be maintained in a safe state of operation independently of the rest of the plant in the event of power failure;

(ii) means for manual override must be possible, operated by employees competent to do so, for shutting down equipment and protective systems incorporated within automatic processes which deviate from the intended operating conditions, provided that the provision or use of such means does not compromise safety;

(iii) on operation of emergency shutdown, accumulated energy must be dissipated as quickly and as safely as possible or isolated so that it no longer constitutes a hazard; and

(iv) necessary measures must be taken to prevent confusion between connecting devices;



(e) where the work is carried out in hazardous places or involves hazardous activities, ensure that appropriate systems of work are applied including–



(i) the issuing of written instructions for the carrying out of work; and

(ii) a system of permits to work, with such permits being issued by a person with responsibility for this function prior to the commencement of the work concerned.

(a) Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work (O.J. No. L 183, 29.6.89, p.1) ("the Framework Directive") (except for provisions on accident reporting (article 9(1)(c) and (d) and (2)), employment protection rights (articles 7(2), 8(4) and (5) and 11(4)), and use of personal protective equipment (article 13(2)(b));

(b) Council Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (O.J. No. L 206, 29.7.91, p.19) ("the Temporary Workers' Directive") (except for provisions on the responsibility of host undertakings to temporary workers (article 8));

(c) article 6 of, together with paragraphs 4 and 5 each of the annexes to, Council Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace (O.J. No. L 393, 30.12.89, p.1) ("the Workplace Directive");

(d) articles 6 and 7 of Council Directive 94/33/EC (O.J. No. L 216, 20.8.94, p.12) on the protection of young people at work;

(e) Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (O.J. No. L 131, 05.05.98, p.11) ("the Chemical Agents Directive"); and

(f) Council Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (O.J. No. L 23, 28.01.00, p.57) ("the Explosive Atmospheres Directive"),

in so far as these provisions relate to matters within devolved competence, general fire safety measures to be taken by employers and in so far as more specific legislation does not make appropriate provision.

Under section 72(3) of the 2005 Act, failure to comply with a requirement or prohibition contained within regulations 3 to 23 which puts a relevant person (defined in section 79 of the 2005 Act) at risk of death or serious injury, in the event of fire is an offence. It is a defence under section 72(9) of the 2005 Act for a person to prove that he or she took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. However, this defence is not available in proceedings for an offence under section 72(3) where a requirement or prohibition consists of a duty to comply so far as is reasonably practicable (section 72(10)). Section 72(12) and (13) provide for a reverse burden of proof to apply in any proceedings for an offence under section 72(3) consisting of a failure to comply with a requirement or prohibition so far as is practicable or so far as is reasonably practicable.

Part II makes provision in connection with the carrying out of assessments and reviews under sections 53 and 54 of the 2005 Act.

Part III makes provision in relation to fire safety in relevant premises. Duties are imposed on employers, on those exercising control to any extent of relevant premises, and on owners where the person exercising control of relevant premises does not have control in connection with the carrying on of an undertaking. Regulation 22 also imposes duties on employees.

Part IV provides for miscellaneous matters, including the maintenance of measures provided to secure the safety of fire-fighters in the event of a fire in relevant premises (regulation 23). Regulation 24 exercises the power in section 59(2) of the 2005 Act and extends provision made in regulation 23 to the common areas of private dwellings. Regulation 25 prescribes the Office of Rail Regulation as a person with whom a relevant authority may make arrangements for the carrying out of specified functions. Regulation 26 provides that persons nominated under the Regulations to assist in the fire safety measures are specified persons within the meaning of section 75 of the 2005 Act, thereby preventing an employer relying on a nominated person's act or omission as a defence in proceedings for an offence under section 72 or 73. Regulation 27 makes further provision as to service of documents under Part 3 of the 2005 Act. Regulation 28 makes provision for the disapplication of regulations in particular circumstances.