28 November 2005
Dear Sir/Madam,
FIRE (SCOTLAND) ACT 2005: DRAFT FIRE SAFETY GUIDES
1. This letter (also available in pdf format 88.37kb) seeks your views, by 19 February 2006, on the first in a series of sector-specific guides which are being produced by the Scottish Executive to complement the new fire safety legislation.
Background
2. Part 3 of the Fire (Scotland) Act 2005 ("the 2005 Act") introduces a new fire safety regime in Scotland. The new regime is based on fire safety 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). The new regime is planned to come into force in October 2006 at the earliest.
3. We propose to produce guides to complement the new legislation in respect of fire safety responsibilities in:
- Residential care premises;
- Offices and shops;
- Factories and warehouses;
- Premises providing sleeping accommodation;
- Educational premises;
- Large places of assembly;
- Small and medium places of assembly;
- Theatres and cinemas;
- Healthcare premises;
- Outdoor events; and
- The transport network.
4. The target audience of the guides will be persons with fire safety responsibilities for non-domestic premises under the 2005 Act i.e. owners, employers, employees, other persons who have control of the premises to any extent and any persons who, through contract or tenancy, have obligations in respect of maintenance or safety of the premises. Enforcing authorities for the new legislation, which in most cases will be the local Fire and Rescue Service, will also have an interest in the guides. The purpose of the guides is not to set prescriptive standards but to summarise the new fire safety responsibilities and suggest courses of action for those required to comply with the legislation.
Consultation pack
5. In addition to this letter, the enclosed consultation pack contains:
· a draft guide on fire safety in residential care premises;
· a questionnaire inviting your comments on the draft fire safety guide; and
· a pre-paid reply envelope.
Responding to this consultation paper
6. We would welcome your comments on the enclosed draft guide. It is the intention to use the first guide as a template for the later guides so we would be interested in comments on the format and general content of the draft guide. Please note that in order to provide a complete picture of the proposed format, length and content of the guides, the draft includes detail in respect of residential care premises. However, for those not in the care sector, this detail should be considered as for illustration purposes only while respondees in the care sector are invited to comment on all aspects of the draft guide, including the detail.
7. We would be grateful if you would use the consultation questionnaire provided (the guidance note at the beginning of the questionnaire should be read 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
Scottish Executive Justice Department
Fire and Civil Contingencies Division
Area 1R
St Andrews House
Regent Road
EDINBURGH
EH1 3DG
8. The final question in the questionnaire seeks expressions of interest from stakeholders who would like to take part in the sector consultations on the later guides in the series. The future consultations will be undertaken electronically so please remember to include your e-mail address in Part A of the questionnaire. In the event that a paper copy of the future draft guides is preferred, then this will be made available on request.
9. Attached at Annex A is a list of the stakeholders to whom a copy of the consultation pack has been issued. Further copies will be issued to respondees to the consultation on the draft fire safety regulations (which concluded on 11 November), who have indicated an interest in the draft guides. The consultation papers are also available on the Scottish Executive website at www.scotland.gov.uk/consultations.
10. A summary of the draft guide can be made available on request, in other formats and languages by contacting Stephen O'Connor at the address above or by telephone on 0131 244 2784.
11. This consultation, and all other Scottish Executive consultation exercises, can be viewed online on the consultation web pages of the Scottish Executive website at http://www.scotland.gov.uk/consultations. You can telephone Freephone 0800 77 1234 to find out where your nearest public internet access point is. Annex B provides further information about consultation in the Scottish Executive and how that forms part of the policy process.
12. The Scottish Executive now has an e-mail alert system for consultations (SEconsult:http://www.scotland.gov.uk/consultations/seconsult.aspx). This system allows stakeholder individuals and organisations to register and receive a weekly e-mail containing details of all new consultations (including web links). SEconsult complements, but in no way replaces Scottish Executive distribution lists, and is designed to allow stakeholders to keep up to date with all Scottish Executive consultation activity, and therefore be alerted at the earliest opportunity to those of most interest. We would encourage you to register.
Handling your response
13. We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please complete and return the Respondent Information Form which forms part of the consultation questionnaire as this will ensure that we treat your response appropriately. If you ask for your response not to be published, we will regard it as confidential, and we will treat it accordingly.
14. All respondents should be aware that the Scottish Executive are subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.
15. Where respondents have given permission for their response to be made public (see the Respondent Information Form in the questionnaire), these will be made available to the public in the Scottish Executive Library by 17 March 2006 and on the Scottish Executive consultation web pages by 24 March 2006. We will check all responses where agreement to publish has been given, for any potentially defamatory material before logging them in the Library or placing them on the website. You can make arrangements to view responses by contacting the Scottish Library on 0131 244 4552. Responses can be copied and sent to you, but a charge may be made for this service.
What happens next?
16. Following the closing date, all responses will be analysed and considered along with any other available evidence to help us reach a decision on the format and general content of the fire safety guides. We aim to issue a report on this consultation process as soon as possible after completion of the analysis.
Comments and complaints
17. If you have any questions about the consultation process or comments about how this consultation exercise has been conducted, please send them to FireScotlandAct@scotland.gsi.gov.uk or post them to Stephen O'Connor at the address in paragraph 7.
Yours faithfully
JOHN NICHOLLS
ANNEX A
LIST OF KEY STAKEHOLDERS FOR CONSULTATION
Local Government
Convenors of joint fire and rescue boards
Chief Officers of the fire and rescue services
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
European Parliament
Scottish MEPs
Other Government Departments/Organisations
Scottish Fire Services College
Fire Service College (Moreton-in-Marsh)
Health and Safety Executive
Ministry of Defence
Scottish Environment Protection Agency
Chief Executive, Scottish Prison Service
Scotland Office
National Assembly for Wales
Northern Ireland Executive
Office of the Deputy Prime Minister
Historic Scotland
Health Protection Scotland
Scottish Commission for the Regulation of Care
Office of the Charity Regulator
Department of Health, Social Security and Public Safety
Scottish Building Standards Agency
Building Standards Advisory Committee
Scottish Enterprise
Highlands and Islands Enterprise
Trade 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
GMB Scotland
Transport and General Workers' Union
Professional Bodies/Trade Associations
Institution of Fire Engineers
Association of British Insurers
Emergency Planning Society
Forestry and Timber Association
Royal Institution of Chartered Surveyors (RICS) in Scotland Building Control Forum
Scottish Association of Building Standards Managers
The British Hospitality Association
Scottish Personal Assistant Employers Network
Royal Incorporation of Architects in Scotland
Society of Chief Officers of Trading Standards in Scotland
Cold Storage and Distribution Federation
Equality and Diversity Groups
Positive Action in Housing
Commission for Racial Equality
Equal Opportunities Commission
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
Equality Network
Lesbian, Gay, Bisexual and Transgender (LGBT) Youth
Age Concern Scotland
Help the Aged
OUTRIGHT Scotland
Scottish Consortium for Learning Disability
National Autistic Society Scotland
The Scottish Society for Autism
Deafblind Scotland
Deaf Action
British Deaf Association Scotland
EMPOWER
Black Environment Network
Scottish Council for Minorities Rights
Religious Groups
Action of Churches Together in Scotland
Scottish Interfaith Council
Scottish Catholic Education Service
Church of Scotland Education Department
Evangelical Alliance (Scotland)
Free Church of Scotland
Free Presbyterian Church of Scotland
International Society for Krishna Consciousness (Scotland)
Methodist Church
Scottish Churches Parliamentary Officer
Scottish Council of Jewish Communities
UK Islamic Mission
Radio Ramzan
Glasgow Central Mosque
Care Sector
Woodlands Education Trust
North West Elderly Day Care Center
Scottish Institute for Residential Child Care
Relatives and Residents Association
Alzheimer Scotland
Key Housing Association
Community Care Providers Scotland
CrossReach
Aberlour Child Care Trust
Barnardos
Scottish Care
Abbeyfield Society for Scotland Ltd
Quarriers
BUPA Care Homes
BUPA Care Services
Scottish Social Services Council
Association of Directors of Social Work (ADSW)
Association of Headteachers of Residential Special Schools
NCH (formerly known as National Children's Home)
Turning Point
Scottish Out of School Care Network
Business Sector
Confederation of British Industry (CBI) Scotland
Federation of Small Businesses
Forum of Private Businesses
Institute of Directors Scotland
Scottish Chambers of Commerce
Scottish Retail Consortium
Scottish Food and Drink Federation
Fire Industry Confederation
Scotch Whisky Association
The Malt Distillers Association of Scotland
The Cinemas Exhibitors' Association
British Greyhound Racing Board
National Greyhound Racing Club Ltd
British Horseracing Board
National Federation of Retail Newsagents
Scottish Beer and Pub Association
Scottish Business in the Community
Scottish Consumer Council
Scottish Football Association
Scottish Grocers' Federation
Scottish Licensed Trade Association
Scottish Premier League
Scottish Rugby Union
Scottish Council for Development and Industry
Association of British Bookmakers
National Association of Bookmakers Ltd
Scottish Independent Bookmakers Association
Bar, Entertainment and Dance Association
British Casino Association
Association of British Theatre Technicians
UK Warehousing Association
NHS Scotland/Other medical
Chief Executives, NHS Boards
Chief Executives, Special Boards
British Dental Association (Scottish branch)
British Medical Association (Scottish branch)
British Heart Foundation
British Lung Foundation
Cancer Research UK
Macmillan Cancer Relief
Marie Curie Cancer Relief
Chest, Heart and Stroke Scotland
Diabetes UK, Scotland
The State Hospitals Board for Scotland
Scottish Ambulance Service
NHS Scotland (Property and Environment Forum)
NHS Quality Improvement Scotland
The Scottish Health Council
Royal College of Nursing
Royal College of Physicians
Royal College of Surgeons
Royal Society of Edinburgh
Education sector
Scottish Council of Independent Schools
Association of Scottish Colleges
General Teaching Council for Scotland
Universities Scotland
Scottish Parent Teacher Council
The Scottish School Board Association
Scottish Further and Higher Education Funding Council
Learning and Teaching Scotland
Head Teachers Association of Scotland
Transport
Confederation of Passenger Transport
First Scotrail
Virgin Trains
GNER
Scottish City Link
National Express
British Ports Association
UK Major Ports Group
Caledonian MacBrayne Ltd
Northlink Orkney and Shetland Ferries Ltd
Orkney Ferries
P & O Scottish Ferries
Stena Line Ltd
BAA Edinburgh
BAA Glasgow
BAA Aberdeen
Glasgow Prestwick International Airport
Dundee Airport
Highlands and Islands Airport Ltd
British Midland
British Airways
Easyjet
Loganair
Ryanair
Scotairways
British European
The National Taxi Association
Strathclyde Passenger Transport
The Chamber of Shipping
Clydeport Ltd
Forth Ports Plc
Stagecoach Scotland
Shipping Services Advisory Committee North
Shipping Services Advisory Committee South
Shipping Services Advisory Committee Clyde
Voluntary
Scottish Council for Voluntary Organisations (SCVO)
Volunteer Development Scotland
Learning Link Scotland
Association of Chief Officers of Scottish Voluntary Organisations
Salvation Army Scotland
Voluntary Sector Services Workforce Unit
Scottish Civic Trust
Others
Scottish Civic Forum
Fire Protection Association
Fire Service Research and Training Trust
Fire Services National Benevolent Fund
Building Research Establishment
Arson Prevention Bureau
Direct Payments Scotland
National Trust for Scotland
Association of Scottish Community Councils
Citizens Advice Scotland
Scottish Houses in Multiple Occupation Network Group
Scottish Youth Hostels Association
Scottish Association of Local Sports Councils
Sportscotland
Scottish Tourism Forum
Visitscotland
Association of Scottish Visitor Attractions
The Royal Highland Agricultural Society
The Royal Highland Education Trust
Keep Scotland Beautiful
Friends of the Earth Scotland
Copyright Libraries
ANNEX B
THE SCOTTISH EXECUTIVE CONSULTATION PROCESS
Consultation is an essential and important aspect of Scottish Executive working methods. Given the wide-ranging areas of work of the Scottish Executive, there are many varied types of consultation. However, in general, Scottish Executive consultation exercises aim to provide opportunities for all those who wish to express their opinions on a proposed area of work to do so in ways which will inform and enhance that work.
The Scottish Executive encourages consultation that is thorough, effective and appropriate to the issue under consideration and the nature of the target audience. Consultation exercises take account of a wide range of factors, and no two exercises are likely to be the same.
Typically Scottish Executive consultations involve a written paper inviting answers to specific questions or more general views about the material presented. Written papers are distributed to organisations and individuals with an interest in the issue, and they are also placed on the Scottish Executive web site enabling a wider audience to access the paper and submit their responses [1]. Consultation exercises may also involve seeking views in a number of different ways, such as through public meetings, focus groups or questionnaire exercises. Copies of all the written responses received to a consultation exercise (except those where the individual or organisation requested confidentiality) are placed in the Scottish Executive library at Saughton House, Edinburgh (K Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD, telephone 0131 244 4565).
All Scottish Executive consultation papers and related publications (eg, analysis of response reports) can be accessed at: Scottish Executive consultations (http://www.scotland.gov.uk/consultations)
The views and suggestions detailed in consultation responses are analysed and used as part of the decision making process, along with a range of other available information and evidence. Depending on the nature of the consultation exercise the responses received may:
· indicate the need for policy development or review
· inform the development of a particular policy
· help decisions to be made between alternative policy proposals
· be used to finalise legislation before it is implemented
Final decisions on the issues under consideration will also take account of a range of other factors, including other available information and research evidence.
While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.
[1] http://www.scotland.gov.uk/consultations