Electricians (Scotland) Act 2018 1

MODEL
SCOTTISH PARLIAMENT

Electricians (Scotland) Bill

SP Bill 68

(as introduced)

An Act of the Scottish Parliament to make provision about the regulation of electricians.

PART 1
THE ELECTRICIANS LICENSING AUTHORITY

1 Electricians Licensing Authority for Scotland

(1) There is to be an Electricians Licensing Authority for Scotland (“the Authority”).
(2) The Authority is established as a body corporate.
(3) The Authority is to consist of such members, appointed for such period and on such terms
and conditions, as the Scottish Ministers may determine.
(4) In appointing a person to be a member of the Authority, the Scottish Ministers must—
(a) ensure that the number of members of the Authority does not fall below three and
does not exceed nine,
(b) be satisfied that the person has a level of knowledge and experience in the field of
electrical engineering appropriate in the circumstances, and
(c) have regard to the desirability of the Authority operating efficiently and effectively.
(5) The Scottish Ministers must appoint a member of the Authority as the chair.
(6) The Authority—
(a) is not a servant or agent of the Crown, and
(b) does not enjoy any status, immunity, or privilege of the Crown.
(7) The Authority has the functions conferred on it by section 2.

2 Functions of the Authority

(1) The Authority has the following general functions—
(a) to keep under review best practice for electricians;
(b) to issue and promote guidance connected with those best practices; and
(c) to make to the Scottish Ministers, on its own initiative or at their request, such
recommendations as the Authority considers necessary for or conducive to effective
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regulation of electricians and the promotion of best practices and electrical safety.
(2) It is a function of the Authority to keep and maintain the Register of Scottish Electricians
under section 4 in accordance with this Act.

3 The Authority’s staff

(1) The Authority may appoint staff.
(2) It is for the Authority, with the consent of the Scottish Ministers, to determine the terms
and conditions on which its staff are appointed.

PART 2
REGULATION OF ELECTRICIANS

Registration

4 Register of Scottish Electricians

(1) The Authority is to keep and maintain a register of individuals competent to practise as an
electrician in Scotland known as the Register of Scottish Electricians (“the register”).
(2) The register must be available for public inspection at all reasonable times.
(3) There is to be shown on each entry in the register—
(a) the full name of the individual in relation to whom the entry is made,
(b) a photograph that is a true likeness of the individual, and
(c) a registered number allocated to the individual by the Authority.
(4) A registered number is a unique identifier consisting of such sequences of numerals, or of
letters and numerals, as the Authority may determine.

5 Entry into the register

(1) An individual may apply to the Authority to be entered into the register.
(2) An application must be in such form as the Authority may specify.
(3) The Authority must not grant an application unless it is satisfied that the applicant is
qualified to practise as an electrician.
(4) The Authority must not grant an application if it considers any of the removal conditions
are met in relation to the individual (see section 6).
(5) The Authority must notify an applicant within 7 days of it having granted or refused an
application to be entered into the register and, if it has refused the application, must include
the reasons for its refusal in the notice.
(6) Where it grants an application, the Authority must send with that notice a copy of the entry
in the register for the individual certified by the chair of the Authority.

6 Removal from the register

(1) The Authority must remove an individual from the register if it considers one or more of
the removal conditions is met.
(2) The removal conditions are—
(a) that the individual has applied to the authority for removal from the register;
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(b) that the individual has been convicted of an offence under this Act and that the
conviction is not a spent conviction (within the meaning of the Rehabilitation of
Offenders Act 1974);
(c) where a retention fee is payable by virtue of section 7, that the individual has not
paid the fee for any calendar year after the year the individual became registered;
(d) that the individual is not a fit and proper person to be registered as an electrician.
(3) The Authority must notify an individual within 7 days of it having removed the individual
from the register.

7 Registration and retention fees

(1) The Authority may make a scheme under which an individual is required to pay a fee—
(a) for an application to the Authority under this Act;
(b) for the individual’s entry in the register to remain in the register in any calendar year
after the year in which the individual became registered (a “retention fee”).
(2) A scheme under this section does not come into force unless the Scottish Ministers by
regulations subject to the negative procedure approve the scheme.
(3) Different fees may be required for different purposes.

Regulated activities

8 Use of the title “electrician”

(1) No person may practise or carry on business under any name, style, or title containing the
word “electrician” unless the person is an individual registered under this Act.
(2) But subsection (1) does not prevent a body corporate, firm, or partnership from so carrying
on business if—
(a) the business of the body corporate, firm, or partnership, so far as relating to services
of an electrician, is under the control of an individual registered under this Act,
(b) that individual does not act at the same time in a similar capacity for any other body
corporate, firm, or partnership, and
(c) in all premises where that business is carried on, it is carried on by or under the
supervision of an individual registered under this Act.
(3) In subsection (2)(c), “premises” includes any place where the body corporate, firm, or
partnership provides the services of an electrician.
(4) A person is not to be treated as not practising by reason only that the person was in the
employment of another person.
(5) In this section, “business” includes a provision of services whether or not for payment.

9 “Services of an electrician”
In this Act, “services of an electrician”—
(a) includes the installation, replacement, testing, and maintaining of electrical wiring,
electrical installations, and circuit protective devices;
(b) does not include any service provided in connection with an installation or supply
which operates at or below 30 volts alternating current or 50 volts direct current.
4 Electricians (Scotland) Act 2018

Recommendations of the Authority

10 Extension of protection of title

(1) The Scottish Ministers may by regulations provide for section 8 to apply in relation to such
other names, styles, or titles as they consider appropriate.
(2) The Scottish Ministers must consult the Authority before making such regulations.
(3) Regulations under this section are subject to the affirmative procedure.

11 Power to implement recommendations

(1) The Scottish Ministers must consider any recommendation the Authority makes to them
under section 2(1)(c) and must—
(a) approve the recommendation,
(b) approve the recommendation with such modifications as they consider appropriate,
(c) reject the recommendation.
(2) Where the Scottish Ministers approve a recommendation (with or without modification),
they may by regulations make such provision as they consider necessary to implement the
recommendation.
(3) Before making such regulations, the Scottish Ministers must—
(a) consult the Authority, and
(b) lay a copy of the recommendation before the Scottish Parliament in the form it was
approved.
(4) Regulations under this section are subject to the affirmative procedure.

Offences

12 Offences
(1) A person who contravenes section 8 commits an offence and is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
(2) But a person is not guilty of an offence under subsection (1) on a particular date if the
contravention results from a refusal to grant an application or the removal of an individual
from the register and, on that date, notice had not been duly served on the individual.

PART 3
GENERAL

13 Ancillary provision
(1) The Scottish Ministers may by regulations make any incidental, supplementary,
consequential, transitional, transitory, or saving provision they consider appropriate for the
purposes of, in connection with, or for giving full effect to this Act or any provision made
under it.
(2) Regulations under this section may modify any enactment (including this Act).
(3) Regulations under this section are subject to the affirmative procedure.
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14 Commencement
(1) This Part and Part 1 come into force on the day after Royal Assent.
(2) Part 2 comes into force 3 months after Royal Assent.

15 Short title
The short title of this Act is the Electricians (Scotland) Act 2018.