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#1 Posted : 10 February 2006 16:55:00(UTC)
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Posted By Ashley Williams Dear all, Does anyone know of a resource which lists the Scottish versions of legislation in an easy to understand list or table? I understand that most things transfer across, but I’m also aware that as Scottish law makes more sense than our own English law there are some things which are different. Thanks Ash
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#2 Posted : 12 February 2006 21:58:00(UTC)
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Posted By Ian Waldram If you are looking for H&S legislation, there is no difference, as it is a 'reserved matter'. However, the way H&S legislation is enforced via courts differs a little - for example rules of evidence, role of the Procurator Fiscal compared with CPS, titles, etc, etc. However 'Health' isn't a reserved matter, so Health legislation and arrangements in Scotland can be different from England/Wales - an obvious example is the new smoking legislation which comes into force here next month and affects all workplaces. Interestingly, it won't be enforced by HSE in the workplaces they cover, but by Local Authority Inspectors - how about that as a way to cause confusion! Since devolution, this 'health' interface has required some extra effort to manage, and HSE Scotland have a couple of initiatives to assist with that. IOSH in Scotland are involved, and there is a posting in the members-only chat forum for those interested (not updated recently, because general interest seemed low after I put it there). Another current issue is proposed Corporate Manslaughter (Homicide in Scotland) legislation - again because manslaughter/homicide isn't an H&S offence. Current Scottish proposals are that there could be differences, which many stakeholders think would not be helpful - but experts in both jurisdictions are thinking again and actual draft legislation is still awaited. IOSH views about the Scottish proposals was presented at a conference last month and is available in the Technical pages of this website. I'm not aware of any general list of Scottish legislation readily available, but Scottish Executive website has some relevant pages. There's also a Scotland page on HSE website that summarises the key differences for H&S, including HSC's relatively new PHASS group, on which all OSH professional bodies are represented (and by an IOSH member).
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#3 Posted : 13 February 2006 09:15:00(UTC)
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Posted By Ashley Williams Thanks for the comments. The thing I was looking for was the fire safety legislation and I did manage to find some environmental stuff which so often seems to be taged in with H&S. Ash
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#4 Posted : 13 February 2006 12:55:00(UTC)
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Posted By Martin Mulholland Ashley, When the RRO (eventually) changes the approach to Fire Safety in England and Wales this won't (legally) affect the situation in Scotland. They are in the process of consultation at the moment with a "Draft Safety Guide" (available from www.scotland.gov.uk). If you want to get involved with this you should contact Stephen O'Connor at the Scottish Executive, Fire and Civl Contingencies Division, Fire and Rescue Services Branch. You should also check out: - Fire (Scotland) Act 2005, and - Fire Safety (Scotland) Regulations 200x Hope this helps.
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