Page:The Regulatory Reform (Fire Safety) Order 2005 (UKSI 2005-1541 qp).pdf/54

AMENDMENTS OF SUBORDINATE LEGISLATION

The Dangerous Substances in Harbour Areas Regulations 1987

1. Regulation 30 of the Dangerous Substances in Harbour Areas Regulations 1987(a)^[1] (storage tanks) is amended as follows—

(a) in paragraph (1) for the words “appropriate fire and rescue authority” substitute “relevant authority”; and

(b) after paragraph (4) insert—

“(5) In paragraph (1) “relevant authority” means—

(a) where the Regulatory Reform (Fire Safety) Order 2005 applies to the harbour or harbour areas within which the storage tank is situated, the enforcing authority within the meaning given by article 25 of that Order; and

(b) in any other case, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the harbour or harbour area is situated .”.

The Marriages (Approved Premises) Regulations 1995

2. In Schedule 1 to the Marriages (Approved Premises) Regulations 1995(b)^[2] (requirements for the grant of approval) at the end of paragraph 3 insert—

“; and in this paragraph “fire and rescue authority” means—

(a) where the Regulatory Reform (Fire Safety) Order 2005 applies to the premises, the enforcing authority within the meaning given by article 25 of that Order;

(b) in any other case, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the premises are situated .”.

The Construction (Health, Safety and Welfare) Regulations 1996

3. For regulation 33 of the Construction (Health, Safety and Welfare) Regulations 1996(c)^[3] (enforcement in respect of fire precautions) substitute—

“Enforcement in respect of fire

33.—(1) Subject to paragraph (2), the enforcing authority within the meaning given by article 25 of the Regulatory Reform (Fire Safety) Order 2005 is the enforcing authority as regards—

(a) regulations 19 and 20 in so far as those regulations relate to fire; and

(b) regulation 21,

in respect of a construction site which is contained within, or forms part of, premises which are occupied by persons other than those carrying out the construction work or any activity arising from such work.

(2) Paragraph (1) only applies in respect of premises to which the Regulatory Reform (Fire Safety) Order 2005 applies.”.

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1. (a) S.I. 1987/37. Relevant amendments were made by S.I. 2004/3168.
2. (b) S.I. 1995/510. Relevant amendments were made by S.I. 2004/3168.
3. (c) S.I. 1996/1592.

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