---

Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005

Members of the Committee will be aware that each order is made under the same power provided for at Section 104 of the Scotland Act 1998. Before I provide the Committee with a brief explanation of the first order, I would like to explain the purpose of Section 104 of the Scotland Act. I would also like to outline why those orders are considered by the UK Parliament. I am aware that both of those issues were raised during the debate on the Business Motion that leave be given for referring the three instruments to this Committee. On 13 July, the Deputy Leader of the House undertook to write to the noble Lord, Lord Strathclyde, about that issue, and he has now done so. The noble Duke, the Duke of Montrose, will also recall that I wrote to him on 20 June, outlining the purpose of Section 104 and explaining the rationale for the way in which the section is drafted in the Scotland Act. In short, orders under Section 104 of the 1998 Act are used when changes required to be made to the law of England and Wales or Northern Ireland, or when modifications of reserved law are required as a consequence of legislation in the Scottish Parliament. The legislative competence of the Scottish Parliament to make such consequential provision is limited. It may be able to make certain consequential amendments to the law on reserved matters, but that power is very limited. In any event, it does not enable the Scottish Parliament to legislate other than as a matter of Scots law. Many consequential provisions are required to take effect in the law of England and Wales, and Northern Ireland, or to the law on reserved matters that extend to the UK. For example, it may be sensible to provide for the enforcement of revisions of an Act of the Scottish Parliament in the rest of the UK to maintain a coherent scheme of enforcement. That is why these orders are considered by the UK Parliament. I hope that that explanation is helpful to the Committee and that by placing it on the record there is a settled understanding of why there is a continuing need for this type of legislation and why it is essential that we should continue to scrutinise it here and in the other place. The first order being looked at today is made in consequence of the Fire (Scotland) Act 2005, which is an Act of the Scottish Parliament. Members of the Committee may be aware that the Fire (Scotland) Bill was passed by the Scottish Parliament on 23 February 2005 and received Royal Asset on 1 April. The 2005 Act replaces the Fire Services Act 1947 for Scotland and makes provision for the reform of fire services. It also reforms fire safety law in Scotland. Similar changes are under way in respect of England and Wales. The Fire and Rescue Services Act 2004 replaced the 1947 Act and provides for the modernisation of the fire service. The Regulatory Reform Order 2005 introduces a new fire safety regime based on ongoing risk assessment. It completed its passage through the UK Parliament last month. The purpose of this order is, first, to ensure consistency across the UK in respect of fire safety on premises that are not domestic premises; secondly, to confer power on fire and rescue authorities and joint fire and rescue boards to fight fires in the territorial sea not adjacent to Scotland, and beyond the territorial sea it will also allow them to recoup the costs associated with doing so; and, thirdly, to update reserved legislation to reflect the 2005 Act. The order does that by, first, applying the new fire safety regime for Scotland to ships, including hovercraft, in certain circumstances—for example, when in dry dock—and to certain defence premises—for example, those occupied by Armed Forces of the Crown. Secondly, it confers the function of being an enforcing authority on the Health and Safety Executive and the Ministry of Defence Fire Service. Thirdly, it enables fire and rescue authorities, and joint fire and rescue boards in Scotland, to exercise their powers beyond the territorial sea. Fourthly, it makes consequential modifications of reserved legislation to reflect the existence of the 2005 Act. The detail of the new fire safety regime in Scotland, which concerns the carrying out of risk assessment and the provision of fire safety measures, will be set out in regulations made by the Scottish Ministers under Sections 57 and 58 of the 2005 Act. Draft regulations, which I understand are likely to be published during the next couple of months, will be the subject of consultation by the Scottish Executive. Guidance will also be made available next year to accompany the new legislation. Extensive consultation was carried out with the Ministry of Defence, the Department for Transport, the Office of the Deputy Prime Minister, the Health and Safety Executive and the Scottish Executive on the terms of this order. The Department for Work and Pensions has also been consulted and agreed to the order as it makes consequential modifications to legislation for which it is responsible. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005.—(Lord Evans of Temple Guiting.)