(b) as a result of that consultation it appeared to the Secretary
of State that it was appropriate to vary part of his
proposals;
(c) following the consultation mentioned in
recital (a) the Secretary of State considered it appropriate to
proceed with the making of this Order;
(d) a document
containing the Secretary of State's proposals was laid before
Parliament as required by section 6 of the Regulatory Reform Act
2001[2]
and the period for Parliamentary consideration under section 8 of
that Act expired;
(e) the Secretary of State had regard to
the representations made during that period and in particular to the
11th Report of the Regulatory Reform Committee of the House of
Commons[3]
and to the 27th Report of the Delegated Powers and Regulatory Reform
Committee of the House of Lords[4];
(f)
a draft of this Order was laid before Parliament with a statement
giving details of those representations and the changes to the
Secretary of State's proposals in the light of them;
(g) the
draft was approved by resolution of each House of
Parliament;
(h) this Order modifies a function of the
National Assembly for Wales and the Assembly has agreed that it be
made;
(i) the Secretary of State is of the opinion that this
Order does not remove any necessary protection or prevent any person
from continuing to exercise any right or freedom which he might
reasonably expect to continue to exercise; and
(j) this Order
creates burdens affecting persons in the carrying on of certain
activities, and the Secretary of State is of the opinion
that—
Now therefore the First Secretary of
State, in exercise of the powers conferred by section 1 of the
Regulatory Reform Act 2001, hereby makes the following
Order:
but does not include a fire-fighter who is carrying out his
duties in relation to a function of a fire and rescue authority
under section 7, 8 or 9 of the Fire and Rescue Services Act 2004
(fire-fighting, road traffic accidents and other emergencies), other
than in relation to a function under section 7(2)(d), 8(2)(d) or
9(3)(d) of that Act;
(a) any place within the premises to which such employee has
access while at work; and
(b) any room, lobby, corridor,
staircase, road, or other place—
(i) used as a means of access to or egress from that place
of work; or
(ii) where facilities are provided for use in
connection with that place of work,
other than a public road;
"young person" means any person who has not attained the age
of 18.
Meaning of "responsible
person"
3. In
this Order "responsible person" means—
(a) in relation to a workplace, the employer, if the
workplace is to any extent under his control;
(b) in
relation to any premises not falling within paragraph
(a)—
(i) the person who has control of the premises (as
occupier or otherwise) in connection with the carrying on by
him of a trade, business or other undertaking (for profit or
not); or
(ii) the owner, where the person in control of
the premises does not have control in connection with the
carrying on by that person of a trade, business or other
undertaking.
Meaning of "general fire
precautions"
4.
—(1) In this Order "general fire precautions" in relation to
premises means, subject to paragraph (2)—
(a) measures to reduce the risk of fire on the premises and
the risk of the spread of fire on the premises;
(b)
measures in relation to the means of escape from the
premises;
(c) measures for securing that, at all material
times, the means of escape can be safely and effectively
used;
(d) measures in relation to the means for fighting
fires on the premises;
(e) measures in relation to the
means for detecting fire on the premises and giving warning in
case of fire on the premises; and
(f) measures in
relation to the arrangements for action to be taken in the event
of fire on the premises, including—
(i) measures relating to the instruction and training of
employees; and
(ii) measures to mitigate the effects of
the fire.
(2) The precautions referred to in
paragraph (1) do not include special, technical or organisational
measures required to be taken or observed in any workplace in
connection with the carrying on of any work process, where those
measures —
(a) are designed to prevent or reduce the likelihood of fire
arising from such a work process or reduce its intensity;
and
(b) are required to be taken or observed to ensure
compliance with any requirement of the relevant statutory
provisions within the meaning given by section 53(1) of the
Health and Safety at Work etc 1974[12].
(3) In paragraph (2) "work process"
means all aspects of work involving, or in connection
with—
(a) the use of plant or machinery; or
(b) the use or
storage of any dangerous substance.
Duties under this Order
5. —(1) Where the premises are a workplace, the
responsible person must ensure that any duty imposed by articles 8
to 22 or by regulations made under article 24 is complied with in
respect of those premises.
(2)
Where the premises are not a workplace, the responsible person
must ensure that any duty imposed by articles 8 to 22 or by
regulations made under article 24 is complied with in respect of
those premises, so far as the requirements relate to matters
within his control.
(3) Any duty
imposed by articles 8 to 22 or by regulations made under article
24 on the responsible person in respect of premises shall also be
imposed on every person, other than the responsible person
referred to in paragraphs (1) and (2), who has, to any extent,
control of those premises so far as the requirements relate to
matters within his control.
(4)
Where a person has, by virtue of any contract or tenancy, an
obligation of any extent in relation to—
(a) the maintenance or repair of any premises, including
anything in or on premises; or
(b) the safety of any
premises,
that person is to be treated, for the purposes of paragraph
(3), as being a person who has control of the premises to the
extent that his obligation so
extends.
(5) Articles 8 to 22 and
any regulations made under article 24 only require the taking or
observance of general fire precautions in respect of relevant
persons.
Application to
premises
6. —(1)
This Order does not apply in relation to —
(a) domestic premises, except to the extent mentioned in
article 31(10);
(b) an offshore installation within the
meaning of regulation 3 of the Offshore Installation and
Pipeline Works (Management and Administration) Regulations
1995[13];
(c)
a ship, in respect of the normal ship-board activities of a
ship's crew which are carried out solely by the crew under the
direction of the master;
(d) fields, woods or other land
forming part of an agricultural or forestry undertaking but
which is not inside a building and is situated away from the
undertaking's main buildings;
(e) an aircraft, locomotive
or rolling stock, trailer or semi-trailer used as a means of
transport or a vehicle for which a licence is in force under the
Vehicle Excise and Registration Act 1994[14]
or a vehicle exempted from duty under that Act;
(f) a
mine within the meaning of section 180 of the Mines and Quarries
Act 1954[15],
other than any building on the surface at a mine;
(g) a
borehole site to which the Borehole Sites and Operations
Regulations 1995[16]
apply.
(2) Subject to the preceding paragraph
of this article, this Order applies in relation to any
premises.
Disapplication of certain
provisions
7.
—(1) Articles 9(4) and (5) and 19(2) do not apply in relation to
occasional work or short-term work involving work regulated as not
being harmful, damaging, or dangerous to young people in a family
undertaking.
(2) Articles 9(2), 12,
16, 19(3) and 22(2) do not apply in relation to the use of means
of transport by land, water or air where the use of means of
transport is regulated by international agreements and the
European Community directives giving effect to them and in so far
as the use of means of transport falls within the disapplication
in article 1.2(e) of Council Directive 1999/92/EC on minimum
requirements for improving the safety and health of workers
potentially at risk from explosive atmospheres[17],
except for any means of transport intended for use in a
potentially explosive
atmosphere.
(3) Articles 19 and 21
impose duties only on responsible persons who are
employers.
(4) The requirements of
articles 8 to 23, or of any regulations made under article 24, do
not have effect to the extent that they would prevent any of the
following from carrying out their duties—
(a) any member of the armed forces of the Crown or of any
visiting force;
(b) any constable or any member of a
police force not being a constable;
(c) any member of any
emergency service.
(5) Without prejudice to paragraph (4),
article 14(2)(f) does not apply to any premises constituting, or
forming part of, a prison within the meaning of the Prison Act
1952[18]
or constituting, or forming part of, a remand centre, detention
centre or youth custody centre provided by the Secretary of State
under section 43 of that Act or any part of any other premises
used for keeping persons in lawful custody or
detention.
(6) Where paragraph (4)
or (5) applies, the safety of relevant persons must nevertheless
be ensured so far as is possible.
PART 2
FIRE SAFETY DUTIES
Duty to take general
fire precautions
8. —(1) The responsible person must—
(a) take such general fire precautions as will ensure, so
far as is reasonably practicable, the safety of any of his
employees; and
(b) in relation to relevant persons who
are not his employees, take such general fire precautions as may
reasonably be required in the circumstances of the case to
ensure that the premises are safe.
Risk assessment
9. —(1) The responsible person must make a suitable and
sufficient assessment of the risks to which relevant persons are
exposed for the purpose of identifying the general fire
precautions he needs to take to comply with the requirements and
prohibitions imposed on him by or under this
Order.
(2) Where a dangerous
substance is or is liable to be present in or on the premises, the
risk assessment must include consideration of the matters set out
in Part 1 of Schedule 1.
(3) Any
such assessment must be reviewed by the responsible person
regularly so as to keep it up to date and particularly if—
(a) there is reason to suspect that it is no longer valid;
or
(b) there has been a significant change in the matters
to which it relates including when the premises, special,
technical and organisational measures, or organisation of the
work undergo significant changes, extensions, or
conversions,
and where changes to an assessment are required as a result of
any such review, the responsible person must make
them.
(4) The responsible person
must not employ a young person unless he has, in relation to risks
to young persons, made or reviewed an assessment in accordance
with paragraphs (1) and (5).
(5) In
making or reviewing the assessment, the responsible person who
employs or is to employ a young person must take particular
account of the matters set out in Part 2 of Schedule
1.
(6) As soon as practicable after
the assessment is made or reviewed, the responsible person must
record the information prescribed by paragraph (7) where—
(a) he employs five or more employees;
(b) a licence
under an enactment is in force in relation to the premises;
or
(c) an alterations notice requiring this is in force
in relation to the premises.
(7) The prescribed information
is—
(a) the significant findings of the assessment, including
the measures which have been or will be taken by the responsible
person pursuant to this Order; and
(b) any group of
persons identified by the assessment as being especially at
risk.
(8) No new work activity involving a
dangerous substance may commence unless—
(a) the risk assessment has been made; and
(b) the
measures required by or under this Order have been
implemented.
Principles of prevention to be
applied
10.
Where the responsible person implements any preventive and
protective measures he must do so on the basis of the principles
specified in Part 3 of Schedule 1.
Fire safety
arrangements
11.
—(1) The responsible person must make and give effect to such
arrangements as are appropriate, having regard to the size of his
undertaking and the nature of its activities, for the effective
planning, organisation, control, monitoring and review of the
preventive and protective
measures.
(2) The responsible
person must record the arrangements referred to in paragraph (1)
where—
(a) he employs five or more employees;
(b) a licence
under an enactment is in force in relation to the premises;
or
(c) an alterations notice requiring a record to be
made of those arrangements is in force in relation to the
premises.
Elimination or reduction of risks from dangerous
substances
12.
—(1) Where a dangerous substance is present in or on the premises,
the responsible person must ensure that risk to relevant persons
related to the presence of the substance is either eliminated or
reduced so far as is reasonably
practicable.
(2) In complying with
his duty under paragraph (1), the responsible person must, so far
as is reasonably practicable, replace a dangerous substance, or
the use of a dangerous substance, with a substance or process
which either eliminates or reduces the risk to relevant
persons.
(3) Where it is not
reasonably practicable to eliminate risk pursuant to paragraphs
(1) and (2), the responsible person must, so far as is reasonably
practicable, apply measures consistent with the risk assessment
and appropriate to the nature of the activity or operation,
including the measures specified in Part 4 of Schedule 1 to this
Order to—
(a) control the risk, and
(b) mitigate the
detrimental effects of a fire.
(4) The responsible person
must—
(a) arrange for the safe handling, storage and transport of
dangerous substances and waste containing dangerous substances;
and
(b) ensure that any conditions necessary pursuant to
this Order for ensuring the elimination or reduction of risk are
maintained.
Fire-fighting and fire
detection
13.
—(1) Where necessary (whether due to the features of the premises,
the activity carried on there, any hazard present or any other
relevant circumstances) in order to safeguard the safety of
relevant persons, the responsible person must ensure that—
(a) the premises are, to the extent that it is appropriate,
equipped with appropriate fire-fighting equipment and with fire
detectors and alarms; and
(b) any non-automatic
fire-fighting equipment so provided is easily accessible, simple
to use and indicated by signs.
(2) For the purposes of paragraph (1)
what is appropriate is to be determined having regard to the
dimensions and use of the premises, the equipment contained on the
premises, the physical and chemical properties of the substances
likely to be present and the maximum number of persons who may be
present at any one time.
(3) The
responsible person must, where necessary—
(a) take measures for fire-fighting in the premises, adapted
to the nature of the activities carried on there and the size of
the undertaking and of the premises concerned;
(b)
nominate competent persons to implement those measures and
ensure that the number of such persons, their training and the
equipment available to them are adequate, taking into account
the size of, and the specific hazards involved in, the premises
concerned; and
(c) arrange any necessary contacts with
external emergency services, particularly as regards
fire-fighting, rescue work, first-aid and emergency medical
care.
(4) A person is to be regarded as
competent for the purposes of paragraph (3)(b) where he has
sufficient training and experience or knowledge and other
qualities to enable him properly to implement the measures
referred to in that paragraph.
Emergency routes and
exits
14. —(1)
Where necessary in order to safeguard the safety of relevant
persons, the responsible person must ensure that routes to
emergency exits from premises and the exits themselves are kept
clear at all times.
(2) The
following requirements must be complied with in respect of
premises where necessary (whether due to the features of the
premises, the activity carried on there, any hazard present or any
other relevant circumstances) in order to safeguard the safety of
relevant persons—
(a) emergency routes and exits must lead as directly as
possible to a place of safety;
(b) in the event of
danger, it must be possible for persons to evacuate the premises
as quickly and as safely as possible;
(c) the number,
distribution and dimensions of emergency routes and exits must
be adequate having regard to the use, equipment and dimensions
of the premises and the maximum number of persons who may be
present there at any one time;
(d) emergency doors must
open in the direction of escape;
(e) sliding or revolving
doors must not be used for exits specifically intended as
emergency exits;
(f) emergency doors must not be so
locked or fastened that they cannot be easily and immediately
opened by any person who may require to use them in an
emergency;
(g) emergency routes and exits must be
indicated by signs; and
(h) emergency routes and exits
requiring illumination must be provided with emergency lighting
of adequate intensity in the case of failure of their normal
lighting.
Procedures for serious and imminent danger and for danger
areas
15. —(1)
The responsible person must—
(a) establish and, where necessary, give effect to
appropriate procedures, including safety drills, to be followed
in the event of serious and imminent danger to relevant
persons;
(b) nominate a sufficient number of competent
persons to implement those procedures in so far as they relate
to the evacuation of relevant persons from the premises;
and
(c) ensure that no relevant person has access to any
area to which it is necessary to restrict access on grounds of
safety, unless the person concerned has received adequate safety
instruction.
(2) Without prejudice to the generality
of paragraph (1)(a), the procedures referred to in that
sub-paragraph must—
(a) so far as is practicable, require any relevant persons
who are exposed to serious and imminent danger to be informed of
the nature of the hazard and of the steps taken or to be taken
to protect them from it;
(b) enable the persons concerned
(if necessary by taking appropriate steps in the absence of
guidance or instruction and in the light of their knowledge and
the technical means at their disposal) to stop work and
immediately proceed to a place of safety in the event of their
being exposed to serious, imminent and unavoidable danger;
and
(c) save in exceptional cases for reasons duly
substantiated (which cases and reasons must be specified in
those procedures), require the persons concerned to be prevented
from resuming work in any situation where there is still a
serious and imminent danger.
(3) A person is to be regarded as
competent for the purposes of paragraph (1) where he has
sufficient training and experience or knowledge and other
qualities to enable him properly to implement the evacuation
procedures referred to in that paragraph.
Additional
emergency measures in respect of dangerous
substances
16.
—(1) Subject to paragraph (4), in order to safeguard the safety of
relevant persons arising from an accident, incident or emergency
related to the presence of a dangerous substance in or on the
premises, the responsible person must ensure that—
(a) information on emergency arrangements is available,
including—
(i) details of relevant work hazards and hazard
identification arrangements; and
(ii) specific hazards
likely to arise at the time of an accident, incident or
emergency;
(b) suitable warning and other communication systems are
established to enable an appropriate response, including
remedial actions and rescue operations, to be made immediately
when such an event occurs;
(c) where necessary, before
any explosion conditions are reached, visual or audible warnings
are given and relevant persons withdrawn; and
(d) where
the risk assessment indicates it is necessary, escape facilities
are provided and maintained to ensure that, in the event of
danger, relevant persons can leave endangered places promptly
and safely.
(2) Subject to paragraph (4), the
responsible person must ensure that the information required by
article 15(1)(a) and paragraph (1)(a) of this article, together
with information on the matters referred to in paragraph (1)(b)
and (d) is—
(a) made available to relevant accident and emergency
services to enable those services, whether internal or external
to the premises, to prepare their own response procedures and
precautionary measures; and
(b) displayed at the
premises, unless the results of the risk assessment make this
unnecessary.
(3) Subject to paragraph (4), in the
event of a fire arising from an accident, incident or emergency
related to the presence of a dangerous substance in or on the
premises, the responsible person must ensure that—
(a) immediate steps are taken to—
(i) mitigate the effects of the fire;
(ii) restore
the situation to normal; and
(iii) inform those
relevant persons who may be affected; and
(b) only those persons who are essential for the carrying out
of repairs and other necessary work are permitted in the
affected area and they are provided with—
(i) appropriate personal protective equipment and
protective clothing; and
(ii) any necessary specialised
safety equipment and plant,
which must be used until the situation is restored to
normal.
(4) Paragraphs (1) to (3) do not apply
where—
(a) the results of the risk assessment show that, because of
the quantity of each dangerous substance in or on the premises,
there is only a slight risk to relevant persons; and
(b)
the measures taken by the responsible person to comply with his
duty under article 12 are sufficient to control that
risk.
Maintenance
17. —(1) Where necessary in order to safeguard the
safety of relevant persons the responsible person must ensure that
the premises and any facilities, equipment and devices provided in
respect of the premises under this Order or, subject to paragraph
(6), under any other enactment, including any enactment repealed
or revoked by this Order, are subject to a suitable system of
maintenance and are maintained in an efficient state, in efficient
working order and in good
repair.
(2) Where the premises form
part of a building, the responsible person may make arrangements
with the occupier of any other premises forming part of the
building for the purpose of ensuring that the requirements of
paragraph (1) are met.
(3)
Paragraph (2) applies even if the other premises are not premises
to which this Order applies.
(4)
The occupier of the other premises must co-operate with the
responsible person for the purposes of paragraph
(2).
(5) Where the occupier of the
other premises is not also the owner of those premises, the
references to the occupier in paragraphs (2) and (4) are to be
taken to be references to both the occupier and the
owner.
(6) Paragraph (1) only
applies to facilities, equipment and devices provided under other
enactments where they are provided in connection with general fire
precautions.
Safety
assistance
18.
—(1) The responsible person must, subject to paragraphs (6) and
(7), appoint one or more competent persons to assist him in
undertaking the preventive and protective
measures.
(2) Where the responsible
person appoints persons in accordance with paragraph (1), he must
make arrangements for ensuring adequate co-operation between
them.
(3) The responsible person
must ensure that the number of persons appointed under paragraph
(1), the time available for them to fulfil their functions and the
means at their disposal are adequate having regard to the size of
the premises, the risks to which relevant persons are exposed and
the distribution of those risks throughout the
premises.
(4) The responsible
person must ensure that—
(a) any person appointed by him in accordance with paragraph
(1) who is not in his employment—
(i) is informed of the factors known by him to affect, or
suspected by him of affecting, the safety of any other person
who may be affected by the conduct of his undertaking;
and
(ii) has access to the information referred to in
article 19(3); and
(b) any person appointed by him in accordance with paragraph
(1) is given such information about any person working in his
undertaking who is—
(i) employed by him under a fixed-term contract of
employment, or
(ii) employed in an employment
business,
as is necessary to enable that person properly to carry out
the function specified in that paragraph.
(5) A person is to be regarded as
competent for the purposes of this article where he has sufficient
training and experience or knowledge and other qualities to enable
him properly to assist in undertaking the preventive and
protective measures.
(6) Paragraph
(1) does not apply to a self-employed employer who is not in
partnership with any other person, where he has sufficient
training and experience or knowledge and other qualities properly
to assist in undertaking the preventive and protective
measures.
(7) Paragraph (1) does
not apply to individuals who are employers and who are together
carrying on business in partnership, where at least one of the
individuals concerned has sufficient training and experience or
knowledge and other qualities—
(a) properly to undertake the preventive and protective
measures; and
(b) properly to assist his fellow partners
in undertaking those measures.
(8) Where there is a competent person
in the responsible person's employment, that person must be
appointed for the purposes of paragraph (1) in preference to a
competent person not in his employment.
Provision of
information to employees
19. —(1) The responsible person must provide his
employees with comprehensible and relevant information on—
(a) the risks to them identified by the risk
assessment;
(b) the preventive and protective
measures;
(c) the procedures and the measures referred to
in article 15(1)(a);
(d) the identities of those persons
nominated by him in accordance with article 13(3)(b) or
appointed in accordance with article 15(1)(b) ; and
(e)
the risks notified to him in accordance with article
22(1)(c).
(2) The responsible person must, before
employing a child, provide a parent of the child with
comprehensible and relevant information on—
(a) the risks to that child identified by the risk
assessment;
(b) the preventive and protective measures;
and
(c) the risks notified to him in accordance with
article 22(1)(c),
and for the purposes of this paragraph, "parent of the child"
includes a person who has parental responsibility, within the
meaning of section 3 of the Children Act 1989[19],
for the child.
(3) Where a
dangerous substance is present in or on the premises, the
responsible person must, in addition to the information provided
under paragraph (1) provide his employees with —
(4) The information required by
paragraph (3) must be—
(a) adapted to take account of significant changes in the
activity carried out or methods or work used by the responsible
person; and
(b) provided in a manner appropriate to the
risk identified by the risk assessment.
Provision of information to employers and the self-employed
from outside undertakings
20. —(1) The responsible person must ensure that the
employer of any employees from an outside undertaking who are
working in or on the premises is provided with comprehensible and
relevant information on—
(a) the risks to those employees; and
(b) the
preventive and protective measures taken by the responsible
person.
(2) The responsible person must ensure
that any person working in his undertaking who is not his employee
is provided with appropriate instructions and comprehensible and
relevant information regarding any risks to that
person.
(3) The responsible person
must—
(a) ensure that the employer of any employees from an
outside undertaking who are working in or on the premises is
provided with sufficient information to enable that employer to
identify any person nominated by the responsible person in
accordance with article 15 (1)(b) to implement evacuation
procedures as far as those employees are concerned;
and
(b) take all reasonable steps to ensure that any
person from an outside undertaking who is working in or on the
premises receives sufficient information to enable that person
to identify any person nominated by the responsible person in
accordance with article 15 (1)(b) to implement evacuation
procedures as far as they are concerned.
Training
21. —(1) The responsible person must ensure that his
employees are provided with adequate safety training—
(a) at the time when they are first employed; and
(b)
on their being exposed to new or increased risks because
of—
(i) their being transferred or given a change of
responsibilities within the responsible person's
undertaking;
(ii) the introduction of new work
equipment into, or a change respecting work equipment already
in use within, the responsible person's
undertaking;
(iii) the introduction of new technology
into the responsible person's undertaking; or
(iv) the
introduction of a new system of work into, or a change
respecting a system of work already in use within, the
responsible person's undertaking.
(2) The training referred to in
paragraph (1) must—
(a) include suitable and sufficient instruction and training
on the appropriate precautions and actions to be taken by the
employee in order to safeguard himself and other relevant
persons on the premises;
(b) be repeated periodically
where appropriate;
(c) be adapted to take account of any
new or changed risks to the safety of the employees
concerned;
(d) be provided in a manner appropriate to the
risk identified by the risk assessment; and
(e) take
place during working hours.
Co-operation and
co-ordination
22. —(1) Where two or more responsible persons share,
or have duties in respect of, premises (whether on a temporary or
a permanent basis) each such person must—
(a) co-operate with the other responsible person concerned
so far as is necessary to enable them to comply with the
requirements and prohibitions imposed on them by or under this
Order;
(b) (taking into account the nature of his
activities) take all reasonable steps to co-ordinate the
measures he takes to comply with the requirements and
prohibitions imposed on him by or under this Order with the
measures the other responsible persons are taking to comply with
the requirements and prohibitions imposed on them by or under
this Order; and
(c) take all reasonable steps to inform
the other responsible persons concerned of the risks to relevant
persons arising out of or in connection with the conduct by him
of his undertaking.
(2) Where two or more responsible
persons share premises (whether on a temporary or a permanent
basis) where an explosive atmosphere may occur, the responsible
person who has overall responsibility for the premises must
co-ordinate the implementation of all the measures required by
this Part to be taken to protect relevant persons from any risk
from the explosive atmosphere.
General duties of
employees at work
23. —(1) Every employee must, while at work—
(a) take reasonable care for the safety of himself and of
other relevant persons who may be affected by his acts or
omissions at work;
(b) as regards any duty or requirement
imposed on his employer by or under any provision of this Order,
co-operate with him so far as is necessary to enable that duty
or requirement to be performed or complied with; and
(c)
inform his employer or any other employee with specific
responsibility for the safety of his fellow employees—
(i) of any work situation which a person with the
first-mentioned employee's training and instruction would
reasonably consider represented a serious and immediate danger
to safety; and
(ii) of any matter which a person with
the first-mentioned employee's training and instruction would
reasonably consider represented a shortcoming in the
employer's protection arrangements for safety,
in so far as that situation or matter either affects the
safety of that first-mentioned employee or arises out of or in
connection with his own activities at work, and has not
previously been reported to his employer or to any other
employee of that employer in accordance with this
sub-paragraph.
Power to make regulations about fire
precautions
24.
—(1) The Secretary of State may by regulations make provision as
to the precautions which are to be taken or observed in relation
to the risk to relevant persons as regards premises in relation to
which this Order applies.
(2)
Without prejudice to the generality of paragraph (1), regulations
made by the Secretary of State may impose requirements—
(a) as to the provision, maintenance and keeping free from
obstruction of any means of escape in case of fire;
(b)
as to the provision and maintenance of means for securing that
any means of escape can be safely and effectively used at all
material times;
(c) as to the provision and maintenance
of means for fighting fire and means for giving warning in case
of fire;
(d) as to the internal construction of the
premises and the materials used in that construction;
(e)
for prohibiting altogether the presence or use in the premises
of furniture or equipment of any specified description, or
prohibiting its presence or use unless specified standards or
conditions are complied with;
(f) for securing that
persons employed to work in the premises receive appropriate
instruction or training in what to do in case of
fire;
(g) for securing that, in specified circumstances,
specified numbers of attendants are stationed in specified parts
of the premises; and
(h) as to the keeping of records of
instruction or training given, or other things done, in
pursuance of the regulations.
(3) Regulations under this
article—
(a) may impose requirements on persons other than the
responsible person; and
(b) may, as regards any of their
provisions, make provision as to the person or persons who is or
are to be responsible for any contravention of that
provision.
(4) The Secretary of State must, before
making any regulations under this article, consult with such
persons or bodies of persons as appear to him to be
appropriate.
(5) The power of the
Secretary of State to make regulations under this article—
(a) is exercisable by statutory instrument, which is subject
to annulment in pursuance of a resolution of either House of
Parliament;
(b) includes power to make different
provision in relation to different circumstances; and
(c)
includes power to grant or provide for the granting of
exemptions from any of the provisions of the regulations, either
unconditionally or subject to conditions.
PART 3
ENFORCEMENT
Enforcing
authorities
25.
For the purposes of this Order, "enforcing authority"
means—
(a) the fire and rescue authority for the area in which
premises are, or are to be, situated, in any case not falling
within any of sub-paragraphs (b) to (e);
(b) the Health
and Safety Executive in relation to—
(i) any premises for which a licence is required in
accordance with section 1 of the Nuclear Installations Act
1965[20]
or for which a permit is required in accordance with section 2
of that Act;
(ii) any premises which would, except for
the fact that it is used by, or on behalf of, the Crown, be
required to have a licence or permit in accordance with the
provisions referred to in sub-paragraph (i);
(iii) a
ship, including a ship belonging to Her Majesty which forms
part of Her Majesty's Navy, which is in the course of
construction, reconstruction or conversion or repair by
persons who include persons other than the master and crew of
the ship;
(iv) any workplace which is or is on a
construction site within the meaning of regulation 2(1) of the
Construction (Health, Safety and Welfare) Regulations 1996[21]
and to which those Regulations apply, other than construction
sites referred to in regulation 33 of those
Regulations.
(c) the fire service maintained by the Secretary of State for
Defence in relation to—
(i) premises, other than premises falling within paragraph
(b)(iii), occupied solely for the purposes of the armed forces
of the Crown;
(ii) premises occupied solely by any
visiting force or an international headquarters or defence
organisation designated for the purposes of the International
Headquarters and Defence Organisations Act 1964[22];
(iii)
premises, other than premises falling within paragraph
(b)(iii), which are situated within premises occupied solely
for the purposes of the armed forces of the Crown but which
are not themselves so occupied;
(d) the relevant local authority in relation to premises
which consist of—
(i) a sports ground designated as requiring a safety
certificate under section 1 of the Safety of Sports Grounds
Act 1975[23]
(safety certificates for large sports stadia);
(ii) a
regulated stand within the meaning of section 26(5) of the
Fire Safety and Safety of Places of Sport Act 1987[24]
(safety certificates for stands at sports grounds);
(e) a fire inspector, or any person authorised by the
Secretary of State to act for the purposes of this Order, in
relation to—
(i) premises owned or occupied by the Crown, other than
premises falling within paragraph (b)(ii) and
(c));
(ii) premises in relation to which the United
Kingdom Atomic Energy Authority is the responsible person,
other than premises falling within paragraph
(b)(ii)).
Enforcement of Order
26. —(1) Every enforcing authority must enforce the
provisions of this Order and any regulations made under it in
relation to premises for which it is the enforcing authority and
for that purpose, except where a fire inspector or other person
authorised by the Secretary of State is the enforcing authority,
may appoint inspectors.
(2) In
performing the duty imposed by paragraph (1), the enforcing
authority must have regard to such guidance as the Secretary of
State may give it.
(3) A fire and
rescue authority has power to arrange with the Health and Safety
Commission or the Office of Rail Regulation for such of the
authority's functions under this Order as may be specified in the
arrangements to be performed on its behalf by the Health and
Safety Executive or the Office of Rail Regulation, as the case may
be, (with or without payment) in relation to any particular
workplace.
Powers of
inspectors
27.
—(1) Subject to the provisions of this article, an inspector may
do anything necessary for the purpose of carrying out this Order
and any regulations made under it into effect and in particular,
so far as may be necessary for that purpose, shall have power to
do at any reasonable time the following—
(a) to enter any premises which he has reason to believe it
is necessary for him to enter for the purpose mentioned above
and to inspect the whole or part of the premises and anything in
them, where such entry and inspection may be effected without
the use of force;
(b) to make such inquiry as may be
necessary for any of the following purposes—
(i) to ascertain, as regards any premises, whether the
provisions of this Order or any regulations made under it
apply or have been complied with; and
(ii) to identify
the responsible person in relation to the premises;
(c) to require the production of, or where the information is
recorded in computerised form, the furnishing of extracts from,
any records (including plans)—
(i) which are required to be kept by virtue of any
provision of this Order or regulations made under it;
or
(ii) which it is necessary for him to see for the
purposes of an examination or inspection under this
article,
and to inspect and take copies of, or of any entry in, the
records;
(d) to require any person having
responsibilities in relation to any premises (whether or not the
responsible person) to give him such facilities and assistance
with respect to any matters or things to which the
responsibilities of that person extend as are necessary for the
purpose of enabling the inspector to exercise any of the powers
conferred on him by this article;
(e) to take samples of
any articles or substances found in any premises which he has
power to enter for the purpose of ascertaining their fire
resistance or flammability; and
(f) in the case of any
article or substance found in any premises which he has power to
enter, being an article or substance which appears to him to
have caused or to be likely to cause danger to the safety of
relevant persons, to cause it to be dismantled or subjected to
any process or test (but not so as to damage or destroy it
unless this is, in the circumstances, necessary).
(2) An inspector must, if so required
when visiting any premises in the exercise of powers conferred by
this article, produce to the occupier of the premises evidence of
his authority.
(3) Where an
inspector proposes to exercise the power conferred by paragraph
(1)(f) he must, if requested by a person who at the time is
present in and has responsibilities in relation to those premises,
cause anything which is to be done by virtue of that power to be
done in the presence of that
person.
(4) Before exercising the
power conferred by paragraph (1)(f) an inspector must consult such
persons as appear to him appropriate for the purpose of
ascertaining what dangers, if any, there may be in doing anything
which he proposes to do under that power.
Exercise on
behalf of fire inspectors etc. of their powers by officers of fire
brigades
28.
—(1) The powers conferred by article 27 on a fire inspector, or
any other person authorised by the Secretary of State under
article 25(e), are also exercisable by an employee of the fire and
rescue authority when authorised in writing by such an inspector
for the purpose of reporting to him on any matter falling within
his functions under this Order; and articles 27(2) and (3) and
32(2)(d) to (f), with the necessary modifications, apply
accordingly.
(2) A fire inspector,
or other person authorised by the Secretary of State, must not
authorise an employee of a fire and rescue authority under this
article except with the consent of the fire and rescue
authority.
Alterations
notices
29. —(1)
The enforcing authority may serve on the responsible person a
notice (in this Order referred to as "an alterations notice") if
the authority is of the opinion that the premises—
(a) constitute a serious risk to relevant persons (whether
due to the features of the premises, their use, any hazard
present, or any other circumstances); or
(b) may
constitute such a risk if a change is made to them or the use to
which they are put.
(2) An alterations notice must—
(a) state that the enforcing authority is of the opinion
referred to in paragraph (1); and
(b) specify the matters
which in their opinion, constitute a risk to relevant persons or
may constitute such a risk if a change is made to the premises
or the use to which they are put.
(3) Where an alterations notice has
been served in respect of premises, the responsible person must,
before making any of the changes specified in paragraph (4) which
may result in a significant increase in risk, notify the enforcing
authority of the proposed
changes.
(4) The changes referred
to in paragraph (3) are—
(a) a change to the premises;
(b) a change to the
services, fittings or equipment in or on the
premises;
(c) an increase in the quantities of dangerous
substances which are present in or on the premises;
(d) a
change to the use of the premises.
(5) An alterations notice may include a
requirement that, in addition to the notification required by
paragraph (3), the responsible person must —
(a) take all reasonable steps to notify the terms of the
notice to any other person who has duties under article 5(3) in
respect of the premises;
(b) record the information
prescribed in article 9(7), in accordance with article
9(6);
(c) record the arrangements required by article
11(1), in accordance with article 11(2); and
(d) before
making the changes referred to in paragraph (3), send the
enforcing authority the following —
(i) a copy of the risk assessment; and
(ii) a
summary of the changes he proposes to make to the existing
general fire precautions.
(6) An alterations notice served under
paragraph (1) may be withdrawn at any time and, for the purposes
of this article, the notice is deemed to be in force until such
time as it is withdrawn or cancelled by the court under article
35(2).
(7) Nothing in this article
prevents an enforcing authority from serving an enforcement notice
or a prohibition notice in respect of the
premises.
Enforcement
notices
30. —(1)
If the enforcing authority is of the opinion that the responsible
person or any other person mentioned in article 5(3) has failed to
comply with any provision of this Order or of any regulations made
under it, the authority may, subject to article 36, serve on that
person a notice (in this Order referred to as "an enforcement
notice").
(2) An enforcement notice
must—
(a) state that the enforcing authority is of the opinion
referred to in paragraph (1) and why;
(b) specify the
provisions which have not been complied with; and
(c)
require that person to take steps to remedy the failure within
such period from the date of service of the notice (not being
less than 28 days) as may be specified in the notice.
(3) An enforcement notice may, subject
to article 36, include directions as to the measures which the
enforcing authority consider are necessary to remedy the failure
referred to in paragraph (1) and any such measures may be framed
so as to afford the person on whom the notice is served a choice
between different ways of remedying the
contravention.
(4) Where the
enforcing authority is of the opinion that a person's failure to
comply with this Order also extends to a workplace, or employees
who work in a workplace, to which this Order applies but for which
they are not the enforcing authority, the notice served by them
under paragraph (1) may include requirements concerning that
workplace or those employees; but before including any such
requirements the enforcing authority must consult the enforcing
authority for that workplace.
(5)
Before serving an enforcement notice which would oblige a person
to make an alteration to premises, the enforcing authority must
consult—
(a) in cases where the relevant local authority is not the
enforcing authority, the relevant local authority;
(b) in
the case of premises used as a workplace which are within the
field of responsibility of one or more enforcing authorities
within the meaning of Part 1 of the Health and Safety at Work
etc Act 1974[25],
that authority or those authorities; and section 18(7) of the
Health and Safety at Work etc Act 1974 (meaning in Part I of
that Act of "enforcing authority" and of such an authority's
"field of responsibility") applies for the purposes of this
article as it applies for the purposes of that Part;
(c)
in the case of a building or structure in relation to all or any
part of which an initial notice given under section 47 of the
Building Act 1984[26]
is in force, the approved inspector who gave that initial
notice;
(d) in the case of premises which are, include,
or form part of, a designated sports ground or a sports ground
at which there is a regulated stand, the relevant local
authority, where that authority is not the enforcing authority;
and for the purposes of this sub-paragraph, "sports ground" and
"designated sports ground" have the same meaning as in the
Safety of Sports Grounds Act 1975 and "regulated stand" has the
same meaning as in the Fire Safety and Safety of Places of Sport
Act 1987;
(e) any other person whose consent to the
alteration would be required by or under any
enactment.
(6) Without prejudice to the power of
the court to cancel or modify an enforcement notice under article
35(2), no failure on the part of an enforcing authority to consult
under paragraphs (4) or (5) makes an enforcement notice
void.
(7) Where an enforcement
notice has been served under paragraph (1)—
(a) the enforcing authority may withdraw the notice at any
time before the end of the period specified in the notice;
and
(b) if an appeal against the notice is not pending,
the enforcing authority may extend or further extend the period
specified in the notice.
Prohibition notices
31. —(1) If the enforcing authority is of the opinion
that use of premises involves or will involve a risk to relevant
persons so serious that use of the premises ought to be prohibited
or restricted, the authority may serve on the responsible person
or any other person mentioned in article 5(3) a notice (in this
Order referred to as "a prohibition
notice").
(2) The matters relevant
to the assessment by the enforcing authority, for the purposes of
paragraph (1), of the risk to relevant persons include anything
affecting their escape from the premises in the event of
fire.
(3) A prohibition notice
must—
(a) state that the enforcing authority is of the opinion
referred to in paragraph (1);
(b) specify the matters
which in their opinion give or, as the case may be, will give
rise to that risk; and
(c) direct that the use to which
the prohibition notice relates is prohibited or restricted to
such extent as may be specified in the notice until the
specified matters have been remedied.
(4) A prohibition notice may include
directions as to the measures which will have to be taken to
remedy the matters specified in the notice and any such measures
may be framed so as to afford the person on whom the notice is
served a choice between different ways of remedying the
matters.
(5) A prohibition or
restriction contained in a prohibition notice pursuant to
paragraph (3)(c) takes effect immediately it is served if the
enforcing authority is of the opinion, and so states in the
notice, that the risk of serious personal injury is or, as the
case may be, will be imminent, and in any other case takes effect
at the end of the period specified in the prohibition
notice.
(6) Before serving a
prohibition notice in relation to a house in multiple occupation,
the enforcing authority shall, where practicable, notify the local
housing authority of their intention and the use which they intend
to prohibit or restrict.
(7) For
the purposes of paragraph (6)—
"house in multiple occupation" means a house in multiple
occupation as defined by sections 254 to 259 of the Housing Act
2004[27],
as they have effect for the purposes of Part 1 of that Act (that
is, without the exclusions contained in Schedule 14 to that
Act); and
"local housing authority" has the same meaning as in section
261(2) of the Housing Act 2004.
(8) Without prejudice to the power of
the court to cancel or modify a prohibition notice under article
35(2), no failure on the part of an enforcing authority to notify
under paragraph (6) makes a prohibition notice
void.
(9) Where a prohibition
notice has been served under paragraph (1) the enforcing authority
may withdraw it at any time.
(10)
In this article, "premises" includes domestic premises other than
premises consisting of or comprised in a house which is occupied
as a single private dwelling and article 27 (powers of inspectors)
shall be construed accordingly.
PART 4
OFFENCES AND
APPEALS
Offences
32. —(1) It is an offence for any responsible
person or any other person mentioned in article 5(3) to—
(a) fail to comply with any requirement or prohibition
imposed by articles 8 to 22 and 38 (fire safety duties) where
that failure places one or more relevant persons at risk of
death or serious injury in case of fire;
(b) fail to
comply with any requirement or prohibition imposed by
regulations made, or having effect as if made, under article 24
where that failure places one or more relevant persons at risk
of death or serious injury in case of fire;
(c) fail to
comply with any requirement imposed by article 29(3) or (4)
(alterations notices);
(d) fail to comply with any
requirement imposed by an enforcement notice;
(e) fail,
without reasonable excuse, in relation to apparatus to which
article 37 applies (luminous tube signs)—
(i) to ensure that such apparatus which is installed in
premises complies with article 37 (3) and (4);
(ii) to
give a notice required by article 37(6) or (8), unless he
establishes that some other person duly gave the notice in
question;
(iii) to comply with a notice served under
article 37(9).
(2) It is an offence for any person
to—
(a) fail to comply with article 23 (general duties of
employees at work) where that failure places one or more
relevant persons at risk of death or serious injury in case of
fire;
(b) make in any register, book, notice or other
document required to be kept, served or given by or under, this
Order, an entry which he knows to be false in a material
particular;
(c) give any information which he knows to be
false in a material particular or recklessly give any
information which is so false, in purported compliance with any
obligation to give information to which he is subject under or
by virtue of this Order, or in response to any inquiry made by
virtue of article 27(1)(b);
(d) obstruct, intentionally,
an inspector in the exercise or performance of his powers or
duties under this Order;
(e) fail, without reasonable
excuse, to comply with any requirements imposed by an inspector
under article 27(1)(c) or (d);
(f) pretend, with intent
to deceive, to be an inspector;
(g) fail to comply with
the prohibition imposed by article 40 (duty not to charge
employees);
(h) fail to comply with any prohibition or
restriction imposed by a prohibition notice.
(3) Any person guilty of an offence
under paragraph (1)(a) to (d) and (2)(h) is liable—
(a) on summary conviction to a fine not exceeding the
statutory maximum; or
(b) on conviction on indictment, to
a fine, or to imprisonment for a term not exceeding two years,
or to both.
(4) Any person guilty of an offence
under paragraph (1)(e)(i) to (iii) is liable on summary conviction
to a fine not exceeding level 3 on the standard
scale.
(5) Any person guilty of an
offence under paragraph (2)(a) is liable—
(a) on summary conviction to a fine not exceeding the
statutory maximum; or
(b) on conviction on indictment, to
a fine.
(6) Any person guilty of an offence
under paragraph (2)(b), (c), (d) or (g) is liable on summary
conviction to a fine not exceeding level 5 on the standard
scale.
(7) Any person guilty of an
offence under paragraph (2)(e) or (f) is liable on summary
conviction to a fine not exceeding level 3 on the standard
scale.
(8) Where an offence under
this Order committed by a body corporate is proved to have been
committed with the consent or connivance of, or to be attributable
to any neglect on the part of, any director, manager, secretary or
other similar officer of the body corporate, or any person
purporting to act in any such capacity, he as well as the body
corporate is guilty of that offence, and is liable to be proceeded
against and punished
accordingly.
(9) Where the affairs
of a body corporate are managed by its members, paragraph (8)
applies in relation to the acts and defaults of a member in
connection with his functions of management as if he were a
director of the body
corporate.
(10) Where the
commission by any person of an offence under this Order, is due to
the act or default of some other person, that other person is
guilty of the offence, and a person may be charged with and
convicted of the offence by virtue of this paragraph whether or
not proceedings are taken against the first-mentioned
person.
(11) Nothing in this Order
operates so as to afford an employer a defence in any criminal
proceedings for a contravention of those provisions by reason of
any act or default of—
(a) an employee of his; or
(b) a person nominated
under articles 13(3)(b) or 15(1)(b) or appointed under
18(1).
Defence
33. Subject to article 32(11), in any proceedings for
an offence under this Order, except for a failure to comply with
articles 8(1)(a) or 12, it is a defence for the person charged to
prove that he took all reasonable precautions and exercised all
due diligence to avoid the commission of such an
offence.
Onus of proving limits of what is practicable
or reasonably practicable
34. In any proceedings for an offence under this Order
consisting of a failure to comply with a duty or requirement so
far as is practicable or so far as is reasonably practicable, it
is for the accused to prove that it was not practicable or
reasonably practicable to do more than was in fact done to satisfy
the duty or
requirement.
Appeals
35. —(1) A person on whom an alterations notice,
an enforcement notice, a prohibition notice or a notice given by
the fire and rescue authority under article 37 (fire-fighters'
switches for luminous tube signs) is served may, within 21 days
from the day on which the notice is served, appeal to the
court.
(2) On an appeal under this
article the court may either cancel or affirm the notice, and if
it affirms it, may do so either in its original form or with such
modifications as the court may in the circumstances think
fit.
(3) Where an appeal is brought
against an alterations notice or an enforcement notice, the
bringing of the appeal has the effect of suspending the operation
of the notice until the appeal is finally disposed of or, if the
appeal is withdrawn, until the withdrawal of the
appeal.
(4) Where an appeal is
brought against a prohibition notice, the bringing of the appeal
does not have the effect of suspending the operation of the
notice, unless, on the application of the appellant, the court so
directs (and then only from the giving of the
direction).
(5) In this article
"the court" means a magistrates'
court.
(6) The procedure for an
appeal under paragraph (1) is by way of complaint for an order,
and—
(a) the Magistrates' Courts Act 1980[28]
applies to the proceedings; and
(b) the making of the
complaint is deemed to be the bringing of the appeal.
(7) A person aggrieved by an order made
by a magistrates' court on determining a complaint under this
Order may appeal to the Crown Court; and for the avoidance of
doubt, an enforcing authority may be a person aggrieved for the
purposes of this paragraph.
Determination of disputes by
Secretary of State
36. —(1) This article applies where—
(a) a responsible person or any other person mentioned in
article 5(3) has failed to comply with any provision of this
Order or of any regulations made under it; and
(b) the
enforcing authority and that person cannot agree on the measures
which are necessary to remedy the failure.
(2) Where this article applies, the
enforcing authority and the person referred to in paragraph (1)(a)
may agree to refer the question as to what measures are necessary
to remedy the failure referred to in paragraph (1)(a) to the
Secretary of State for his
determination.
(3) The Secretary of
State may, by notice in writing to both parties, require the
provision of such further information, including plans, specified
in the notice, within the period so specified, as the Secretary of
State may require for the purpose of making a
determination.
(4) If the
information required under paragraph (3) is not provided within
the period specified, the Secretary of State may refuse to proceed
with the determination.
(5) Where
the Secretary of State has made a determination under this
article, the enforcing authority may not, subject to paragraph
(6), take any enforcement action the effect of which would be to
conflict with his determination; and in this article, "enforcement
action" means the service of an enforcement notice or the
inclusion of any directions in an enforcement
notice.
(6) Paragraph (5) does not
apply where, since the date of the determination by the Secretary
of State, there has been a change to the premises or the use to
which they are put such that the risk to relevant persons has
significantly changed.
PART 5
MISCELLANEOUS
Fire-fighters' switches for
luminous tube signs etc.
37. —(1) Subject to paragraph (11), this article
applies to apparatus consisting of luminous tube signs designed to
work at a voltage normally exceeding the prescribed voltage, or
other equipment so designed, and references in this article to a
cut-off switch are, in a case where a transformer is provided to
raise the voltage to operate the apparatus, references to a
cut-off switch on the low-voltage side of the
transformer.
(2) In paragraph (1)
the "prescribed voltage" means—
(a) 1000 volts AC or 1500 volts DC if measured between any
two conductors; or
(b) 600 volts AC or 900 volts DC if
measured between a conductor and earth.
(3) No apparatus to which this article
applies is to be installed unless it is provided with a cut-off
switch.
(4) Subject to paragraph
(5), the cut-off switch must be so placed, and coloured or marked
as to satisfy such reasonable requirements as the fire and rescue
authority may impose to secure that it must be readily
recognisable by and accessible to
fire-fighters.
(5) If a cut-off
switch complies in position, colour and marking with the current
regulations of the Institution of Electrical Engineers for a
fire-fighter's emergency switch[29],
the fire and rescue authority may not impose any further
requirements pursuant to paragraph
(4).
(6) Not less than 42 days
before work is begun to install apparatus to which this article
applies, the responsible person must give notice to the fire and
rescue authority showing where the cut-off switch is to be placed
and how it is to be coloured or
marked.
(7) Where notice has been
given to the fire and rescue authority as required by paragraph
(6), the proposed position, colouring or marking of the switch is
deemed to satisfy the requirements of the fire authority unless,
within 21 days from the date of the service of the notice, the
fire and rescue authority has served on the responsible person a
counter-notice stating that their requirements are not
satisfied.
(8) Where apparatus to
which this article applies has been installed in or on premises
before the day on which this article comes into force, the
responsible person must, not more than 21 days after that day,
give notice to the fire and rescue authority stating whether the
apparatus is already provided with a cut-off switch and, if so,
where the switch is placed and how it is coloured or
marked.
(9) Subject to paragraph
(10), where apparatus to which this article applies has been
installed in or on premises before the day on which this article
comes into force, the fire and rescue authority may serve on the
responsible person a notice—
(a) in the case of apparatus already provided with a cut-off
switch, stating that they are not satisfied with the position,
colouring or marking of the switch and requiring the responsible
person, within such period as may be specified in the notice, to
take such steps as will secure that the switch will be so placed
or coloured or marked as to be readily recognisable by, and
accessible to, fire-fighters in accordance with the reasonable
requirements of the fire and rescue authority; or
(b) in
the case of apparatus not already provided with a cut-off
switch, requiring him, within such period as may be specified in
the notice, to provide such a cut-off switch in such a position
and so coloured or marked as to be readily recognisable by, and
accessible to, fire-fighters in accordance with the reasonable
requirements of the fire and rescue authority.
(10) If a cut-off switch complies in
position, colour and marking with the current regulations of the
Institution of Electrical Engineers for a fire-fighter's emergency
switch, the fire and rescue authority may not serve a notice in
respect of it under paragraph
(9).
(11) This article does not
apply to—
(a) apparatus installed or proposed to be installed in or on
premises in respect of which a premises licence under the
Licensing Act 2003[30]
has effect authorising the use of premises for the exhibition of
a film, within the meaning of paragraph 15 of Schedule 1 to that
Act; or
(b) apparatus installed in or on premises before
the day on which this article comes into force where,
immediately before that date—
(i) the apparatus complied with section 10(2) and (3)
(requirement to provide cut-off switch) of the Local
Government (Miscellaneous Provisions) Act 1982[31];
and
(ii) the owner or occupier of the premises, as the
case may be, had complied with either subsection (5) or
subsection (7) (notice of location and type of switch) of
section 10 of that Act.
Maintenance of measures provided for protection of
fire-fighters
38. —(1) Where necessary in order to safeguard the
safety of fire-fighters in the event of a fire, the responsible
person must ensure that the premises and any facilities, equipment
and devices provided in respect of the premises for the use by or
protection of fire-fighters under this Order or under any other
enactment, including any enactment repealed or revoked by this
Order, are subject to a suitable system of maintenance and are
maintained in an efficient state, in efficient working order and
in good repair.
(2) Where the
premises form part of a building, the responsible person may make
arrangements with the occupier of any premises forming part of the
building for the purpose of ensuring that the requirements of
paragraph (1) are met.
(3)
Paragraph (2) applies even if the other premises are not premises
to which this Order applies.
(4)
The occupier of the other premises must co-operate with the
responsible person for the purposes of paragraph
(2).
(5) Where the occupier of the
other premises is not also the owner of those premises, the
reference to the occupier in paragraphs (2) and (4) are to be
taken to be references to both the occupier and the
owner.
Civil liability for breach of statutory
duty
39. —(1)
Subject to paragraph (2), nothing in this Order is to be construed
as conferring a right of action in any civil proceedings (other
than proceedings for recovery of a
fine).
(2) Notwithstanding section
86 of the Fires Prevention (Metropolis) Act 1774[32],
breach of a duty imposed on an employer by or under this Order, so
far as it causes damage to an employee, confers a right of action
on that employee in civil proceedings.
Duty not to
charge employees for things done or
provided
40. No
employer may levy or permit to be levied on any employee of his
any charge in respect of anything done or provided in pursuance of
any requirement of this Order or of regulations made under
it.
Duty to consult
employees
41.
—(1) In regulation 4A of the Safety Representatives and Safety
Committees Regulations 1977[33]
(employer's duty to consult and provide facilities and
assistance), in paragraph (1)(b), for "or regulation 4(2)(b) of
the Fire Precautions (Workplace) Regulations 1997" substitute "or
article 13(3)(b) of the Regulatory Reform (Fire Safety) Order
2005".
(2) In regulation 3 of the
Health and Safety (Consultation with Employees) Regulations
1996[34]
(duty of employer to consult), in paragraph (b), for "or
regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations
1997" substitute "or article 13(3)(b) of the Regulatory Reform
(Fire Safety) Order 2005".
Special provisions in respect
of licensed etc. premises
42. —(1) Subject to paragraph (2), where any enactment
provides for the licensing of premises in relation to which this
Order applies, or the licensing of persons in respect of any such
premises—
(a) the licensing authority must ensure that the enforcing
authority for the premises has the opportunity to make
representations before issuing the licence; and
(b) the
enforcing authority must notify the licensing authority of any
action that the enforcing authority takes in relation to
premises to which the licence relates; but no failure on the
part of an enforcing authority to notify under this paragraph
shall affect the validity of any such action taken.
(2) Paragraph (1) does not apply where
the licensing authority is also the enforcing
authority.
(3) In this article and
article 43(1)(a)—
(a) "licensing authority" means the authority responsible
for issuing the licence; and
(b) "licensing" includes
certification and registration and "licence" is to be construed
accordingly; and
(c) references to the issue of licences
include references to their renewal, transfer or
variation.
Suspension of terms and conditions of licences dealing with
same matters as this Order
43. —(1) Subject to paragraph (3), paragraph (2)
applies if—
(a) an enactment provides for the licensing of premises in
relation to which this Order applies, or the licensing of
persons in respect of any such premises;
(b) a licence is
issued in respect of the premises (whether before or after the
coming into force of this Order); and
(c) the licensing
authority is required or authorised to impose terms, conditions
or restrictions in connection with the issue of the
licences.
(2) At any time when this Order applies
in relation to the premises, any term, condition or restriction
imposed by the licensing authority has no effect in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under this
Order.
(3) Paragraph (1) does not
apply where the licensing authority is also the enforcing
authority.
Suspension of byelaws dealing with same
matters as this Order
44. Where any enactment provides for the making of
byelaws in relation to premises to which this Order applies, then,
so long as this Order continues to apply to the premises, any
byelaw has no effect in so far as it relates to any matter in
relation to which requirements or prohibitions are or could be
imposed by or under this Order.
Duty to consult
enforcing authority before passing
plans
45. —(1)
Where it is proposed to erect a building, or to make any extension
of or structural alteration to a building and, in connection with
the proposals, plans are, in accordance with building regulations,
deposited with a local authority, the local authority must,
subject to paragraph (3), consult the enforcing authority before
passing those plans.
(2) Where it
is proposed to change the use to which a building or part of a
building is put and, in connection with that proposal, plans are,
in accordance with building regulations, deposited with a local
authority, the authority must, subject to paragraph (3), consult
with the enforcing authority before passing the
plans.
(3) The duty to consult
imposed by paragraphs (1) and (2)—
(a) only applies in relation to buildings or parts of
buildings to which this Order applies, or would apply following
the erection, extension, structural alteration or change of
use;
(b) does not apply where the local authority is also
the enforcing authority.
Other consultation by
authorities
46.
—(1) Where a government department or other public authority
intends to take any action in respect of premises which will or
may result in changes to any of the measures required by or under
this Order, that department or authority must consult the
enforcing authority for the premises before taking that
action.
(2) Without prejudice to
any power of the court to cancel or modify a notice served by a
government department or other authority, no failure on the part
of the department or authority to consult under paragraph (1)
invalidates the action taken.
(3)
In paragraph (1), "public authority" includes an approved
inspector within the meaning of section 49 of the Building Act
1984[35].
Disapplication
of the Health and Safety at Work etc. Act 1974 in relation to
general fire precautions
47. —(1) Subject to paragraph (2), the Health and
Safety at Work etc. Act 1974[36]
and any regulations made under that Act shall not apply to
premises to which this Order applies, in so far as that Act or any
regulations made under it relate to any matter in relation to
which requirements are or could be imposed by or under this
Order.
(2) Paragraph (1) does not
apply—
(a) where the enforcing authority is also the enforcing
authority within the meaning of the Health and Safety at Work
etc Act 1974[37];
(b)
in relation to the Control of Major Accident Hazards Regulations
1999[38].
Service of notices etc.
48. —(1) Any notice required or authorised by or
by virtue of this Order to be served on any person may be served
on him either by delivering it to him, or by leaving it at his
proper address, or by sending it by post to him at that
address.
(2) Any such notice
may—
(a) in the case of a body corporate, be served on or given
to the secretary or clerk of that body; and
(b) in the
case of a partnership, be served on or given to a partner or a
person having control or management of the partnership
business.
(3) For the purposes of this article,
and of section 7 of the Interpretation Act 1978[39]
(service of documents by post) in its application to this Order,
the proper address of any person is his last known address, except
that—
(a) in the case of a body corporate or their secretary or
clerk, it is the address of the registered or principal office
of that body;
(b) in the case of a partnership or person
having control or the management of the partnership business, it
is the principal office of the partnership,
and for the purposes of this paragraph the principal office of
a company registered outside the United Kingdom or of a
partnership carrying on business outside the United Kingdom is
their principal office within the United
Kingdom.
(4) If the person to be
served with or given any such notice has specified an address in
the United Kingdom other than his proper address as the one at
which he or someone on his behalf will accept notices and other
documents, that address is also to be treated for the purposes of
this article and section 7 of the Interpretation Act 1978 as his
proper address.
(5) Without
prejudice to any other provision of this article, any such notice
required or authorised to be served on or given to the responsible
person in respect of any premises (whether a body corporate or
not) may be served or given by sending it by post to him at those
premises, or by addressing it by name to the person on or to whom
it is to be served or given and delivering it to some responsible
individual who is or appears to be resident or employed in the
premises.
(6) If the name or the
address of the responsible person on whom any such notice is to be
served cannot after reasonable inquiry be ascertained by the
person seeking to serve it, the document may be served by
addressing it to the person on whom it is to be served by the
description of "responsible person" for the premises (describing
them) to which the notice relates, and by delivering it to some
responsible individual resident or appearing to be resident on the
premises or, if there is no such person to whom it can be
delivered, by affixing it or a copy of it to some conspicuous part
of the premises.
(7) Any notice
required or authorised to be given to or served on the responsible
person or enforcing authority may be transmitted to that person or
authority—
(a) by means of an electronic communications network (within
the meaning given by section 32 of the Communications Act
2003[40]);
or
(b) by other means but in a form that nevertheless
requires the use of apparatus by the recipient to render it
intelligible.
(8) Where the recipient of the
transmission is the responsible person, the transmission has
effect as a delivery of the notice to that person only if he has
indicated to the enforcing authority on whose behalf the
transmission is made his willingness to receive a notice
transmitted in the form and manner
used.
(9) An indication to an
enforcing authority for the purposes of paragraph (8)—
(a) must be given to the authority in any manner it
requires;
(b) may be a general indication or one that is
limited to notices of a particular description;
(c) must
state the address to be used and must be accompanied by any
other information which the authority requires for the making of
the transmission;
(d) may be modified or withdrawn at any
time by a notice given to the authority in any manner it
requires.
(10) Where the recipient of the
transmission is the enforcing authority, the transmission has
effect as a delivery of the notice only if the enforcing authority
has indicated its willingness to receive a notice transmitted in
the form and manner used.
(11) An
indication for the purposes of paragraph (10)—
(a) may be given in any manner the enforcing authority
thinks fit;
(b) may be a general indication or one that
is limited to notices of a particular description;
(c)
must state the address to be used and must be accompanied by any
other information which the responsible person requires for the
making of the transmission;
(d) may be modified or
withdrawn at any time in any manner the enforcing authority
thinks fit.
(12) If the making or receipt of the
transmission has been recorded in the computer system of the
enforcing authority, it must be presumed, unless the contrary is
proved, that the transmission—
(a) was made to the person recorded in that system as
receiving it;
(b) was made at the time recorded in that
system as the time of delivery;
(c) contained the
information recorded on that system in respect of it.
(13) For the purposes of this
article—
"notice" includes any document or information; and
"transmission" means the transmission referred to in
paragraph (7).
Application to the Crown and to the Houses of
Parliament
49.
—(1) Subject to paragraphs (2) to (4), this Order, except for
articles 29, 30 and 32 to 36, binds the
Crown.
(2) Articles 27 and 31 only
bind the Crown in so far as they apply in relation to premises
owned by the Crown but not occupied by
it.
(3) For the purposes of this
article—
(a) the occupation of any premises by the Corporate Officer
of the House of Lords for the purposes of that House, by the
Corporate Officer of the House of Commons for the purpose of
that House, or by those Corporate Officers acting jointly for
the purposes of both Houses, is to be regarded as occupation by
the Crown;
(b) any premises in which either or both of
those Corporate Officers has or have an interest which is that
of an owner are to be regarded as premises owned by the Crown;
and
(c) in relation to premises specified in
sub-paragraphs (a) and (b), the relevant Corporate Officer is
the responsible person.
(4) Nothing in this Order authorises
the entry of any premises occupied by the
Crown.
(5) Nothing in this Order
authorises proceedings to be brought against Her Majesty in her
private capacity, and this paragraph shall be construed as if
section 38(3) of the Crown Proceedings Act 1947[41]
(interpretation of references in that Act to Her Majesty in her
private capacity) were contained in this
Order.
Guidance
50. —(1) The Secretary of State must ensure that such
guidance, as he considers appropriate, is available to assist
responsible persons in the discharge of the duties imposed by
articles 8 to 22 and by regulations made under article
24.
(2) In relation to the duty in
paragraph (1), the guidance may, from time to time, be
revised.
(3) The Secretary of State
shall be treated as having discharged his duty under paragraph (1)
where—
(a) guidance has been made available before this article
comes into force; and
(b) he considers that the guidance
is appropriate for the purpose mentioned in paragraph
(1).
Application to visiting forces,
etc.
51. This
Order applies to a visiting force or an international headquarters
or defence organisation designated for the purposes of the
International Headquarters and Defence Organisations Act 1964[42]
only to the extent that it applies to the
Crown.
Subordinate
provisions
52.
—(1) For the purposes of section 4(3) of the Regulatory Reform Act
2001[43]
(subordinate provisions) the following are designated as
subordinate provisions—
(a) article 1(3);
(b) in article 2, the definition of
"relevant local authority";
(c) article 9(6) and
(7);
(d) in article 10, the reference to "Part 3 of
Schedule 1";
(e) article 11(2);
(f) article
14(2);
(g) article 16(1)(a) to (d);
(h) article
16(4);
(i) article 18(6) and (7);
(j) article
25;
(k) article 45(3);
(l) article 49;
and
(m) Schedule 1.
(2) A subordinate provisions order[44]
made in relation to article 1(3) shall be subject to annulment in
pursuance of a resolution of either House of
Parliament.
(3) A subordinate
provisions order made in relation to any of the provisions
mentioned in article 52(1)(b) to (m) may not be made unless a
draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.
Repeals,
revocations, amendments and transitional
provisions
53.
—(1) The enactments and instruments referred to in Schedules 2 and
3 are amended, repealed and revoked in accordance with those
Schedules.
(2) The enactments and
instruments specified in column 1 of Schedules 4 and 5 are
repealed or revoked, as the case may be, to the extent specified
in the corresponding entry in column
3.
(3) Any conditions imposed under
section 20(2A) or (2C) of the London Building Acts (Amendment) Act
1939[45]
before the date when this Order comes into force and which relate
to maintenance, shall cease to have effect from that
date.
Signed by authority of the First Secretary of
State
Jim Fitzpatrick
Parliamentary
Under-Secretary of State Office of the Deputy Prime
Minister
7th June 2005
SCHEDULE 1
PART 1
Article 9(2)
MATTERS TO BE CONSIDERED IN RISK ASSESSMENT IN RESPECT OF
DANGEROUS SUBSTANCES
The matters are—
(a) the hazardous properties of the substance;
(b)
information on safety provided by the supplier, including
information contained in any relevant safety data
sheet;
(c) the circumstances of the work including
—
(i) the special, technical and organisational measures and
the substances used and their possible
interactions;
(ii) the amount of the substance
involved;
(iii) where the work will involve more than
one dangerous substance, the risk presented by such substances
in combination; and
(iv) the arrangements for the safe
handling, storage and transport of dangerous substances and of
waste containing dangerous substances;
(d) activities, such as maintenance, where there is the
potential for a high level of risk;
(e) the effect of
measures which have been or will be taken pursuant to this
Order;
(f) the likelihood that an explosive atmosphere
will occur and its persistence;
(g) the likelihood that
ignition sources, including electrostatic discharges, will be
present and become active and effective;
(h) the scale of
the anticipated effects;
(i) any places which are, or can
be connected via openings to, places in which explosive
atmospheres may occur; and
(j) such additional safety
information as the responsible person may need in order to
complete the assessment.
PART 2
Article 9(5)
MATTERS TO BE TAKEN INTO PARTICULAR ACCOUNT IN RISK
ASSESSMENT IN RESPECT OF YOUNG PERSONS
The matters
are—
(a) the inexperience, lack of awareness of risks and
immaturity of young persons;
(b) the fitting-out and
layout of the premises;
(c) the nature, degree and
duration of exposure to physical and chemical agents;
(d)
the form, range, and use of work equipment and the way in which
it is handled;
(e) the organisation of processes and
activities;
(f) the extent of the safety training
provided or to be provided to young persons; and
(g)
risks from agents, processes and work listed in the Annex to
Council Directive 94/33/EC[46]
on the protection of young people at work.
PART 3
Article 10
PRINCIPLES OF PREVENTION
The principles
are—
(a) avoiding risks;
(b) evaluating the risks which
cannot be avoided;
(c) combating the risks at
source;
(d) adapting to technical progress;
(e)
replacing the dangerous by the non-dangerous or less
dangerous;
(f) developing a coherent overall prevention
policy which covers technology, organisation of work and the
influence of factors relating to the working
environment;
(g) giving collective protective measures
priority over individual protective measures; and
(h)
giving appropriate instructions to employees.
PART 4
Article 12
MEASURES TO BE TAKEN IN RESPECT OF DANGEROUS
SUBSTANCES
1. In
applying measures to control risks the responsible person must, in
order of priority—
2. The responsible person must
ensure that mitigation measures applied in accordance with article
12(3)(b) include—
(a) reducing to a minimum the number of persons
exposed;
(b) measures to avoid the propagation of fires
or explosions;
(c) providing explosion pressure relief
arrangements;
(d) providing explosion suppression
equipment;
(e) providing plant which is constructed so as
to withstand the pressure likely to be produced by an explosion;
and
(f) providing suitable personal protective
equipment.
3. The responsible person
must—
(a) ensure that the premises are designed, constructed and
maintained so as to reduce risk;
(b) ensure that suitable
special, technical and organisational measures are designed,
constructed, assembled, installed, provided and used so as to
reduce risk;
(c) ensure that special, technical and
organisational measures are maintained in an efficient state, in
efficient working order and in good repair;
(d) ensure
that equipment and protective systems meet the following
requirements—
(i) where power failure can give rise to the spread of
additional risk, equipment and protective systems must be able
to be maintained in a safe state of operation independently of
the rest of the plant in the event of power
failure;
(ii) means for manual override must be
possible, operated by employees competent to do so, for
shutting down equipment and protective systems incorporated
within automatic processes which deviate from the intended
operating conditions, provided that the provision or use of
such means does not compromise safety;
(iii) on
operation of emergency shutdown, accumulated energy must be
dissipated as quickly and as safely as possible or isolated so
that it no longer constitutes a hazard; and
(iv)
necessary measures must be taken to prevent confusion between
connecting devices;
(e) where the work is carried out in hazardous places or
involves hazardous activities, ensure that appropriate systems
of work are applied including —
(i) the issuing of written instructions for the carrying
out of work; and
(ii) a system of permits to work, with
such permits being issued by a person with responsibility for
this function prior to the commencement of the work
concerned.
SCHEDULE 2Article 53(1)
AMENDMENTS OF PRIMARY
LEGISLATION.
Celluloid and Cinematograph Film
Act 1922
1. In section 2 of
the Celluloid and Cinematograph Film Act 1922[47]
(purposes to which the Act applies) for the words "the Fire
Precautions (Workplace) Regulations 1997" substitute "the
Regulatory Reform (Fire Safety) Order 2005".
London
Building Acts (Amendment) Act 1939
2. —(1) The London Building Acts (Amendment) Act 1939[48]
is amended as follows.
(2) In
section 20 (precautions against fire in certain
buildings)—
(3) Omit section 34 (protection against
fire in certain new buildings).
(4)
In section 35 (protection against fire in certain old
buildings)—
(a) in subsection (1)—
(i) omit paragraphs (a), (b) and (d);
(ii) in
paragraph (c), omit sub-paragraphs (ii) and (iii) and the
final "or"; and
(iii) in paragraph (i) of the proviso,
omit the words from "as respects a building" to "referred to
in this subsection"; and
(b) omit subsection (5).
(5) In section 36 (projecting
shops)—
(a) in subsection (1) for the words "Where any portion"
substitute "Subject to subsection (4), where any
portion";
(b) after subsection (3) insert—
" (4) This section does not apply in
relation to any building to which the Regulatory Reform (Fire
Safety) Order 2005 applies.".
(6) In section 37 (means of access to
roofs)—
(a) in subsection (1) for the word "Each" substitute
"Subject to subsection (3), each"; and
(b) after
subsection (2) insert—
" (3) This section does not apply in
relation to any building to which the Regulatory Reform (Fire
Safety) Order 2005 applies.".
(7) Omit section 38 (parts of building
used for storage of inflammable
liquid).
(8) In section 42
(appeals) omit paragraphs (a), (b), (c) and
(f).
(9) In section 133
(maintenance of means of escape etc.)—
(a) in subsection (1) for the words "All arrangements"
substitute "Subject to subsection (4), all arrangements";
and
(b) after subsection (3) insert—
" (4) This section does not apply in
relation to any building or part of a building to which the
Regulatory Reform (Fire Safety) Order 2005 applies.".
Pet Animals Act 1951
3. In section 1 of the Pet Animals Act 1951[49]
(licensing of pet shops) after subsection (3) insert—
" (3A) No condition may be specified
under subsection (3) of this section in so far as it relates to
any matter in relation to which requirements or prohibitions are
or could be imposed by or under the Regulatory Reform (Fire
Safety) Order 2005.".
East Ham Corporation Act
1957
4. —(1) The East Ham
Corporation Act 1957[50]
is amended as follows.
(2) In
section 62(1) (fire and safety precautions in public and other
buildings) for the words from "If it appears" to "thereto"
substitute—
" If it appears to the Corporation that for the purpose of
preventing injury or danger (other than injury or danger
arising from fire) to persons resorting to any building to
which section 24 of the Building Act 1984 (provision of
passages) applies".
(3) Omit section 63 (firemen's switches
for luminous tube signs) and section 64 (storage of flammable
substances).
(4) In section 91
(safety of stands)—
(a) in subsection (2) after the words "requirements which"
insert “subject to subsection (2A); and
(b) after
subsection (2) insert—
" (2A) No modification or
requirement may be required under subsection (2) of this section
in so far as it relates to any matter in relation to which
requirements or prohibitions are or could be imposed by or under
the Regulatory Reform (Fire Safety) Order 2005.".
Caravan Sites and Control of Development Act
1960
5. —(1) The Caravan
Sites and Control of Development Act 1960[51]
is amended as follows.
(2) In
section 5 (site licences)—
(a) after subsection (2) insert—
" (2A) Where the Regulatory Reform
(Fire Safety) Order 2005 applies to the land, no condition is to
be attached to a site licence in so far as it relates to any
matter in relation to which requirements or prohibitions are or
could be imposed by or under that Order.";
(b) after subsection (3B) insert—
" (3C) Subsections (3A) and (3B) of
this section do not apply where the Regulatory Reform (Fire
Safety) Order 2005 applies to the land.";
(c) after subsection (6) insert—
" (6A) No model standards may be
specified under subsection (6) of this section in relation to
land to which the Regulatory Reform (Fire Safety) Order 2005
applies in so far as the standards relate to any matter in
relation to which requirements or prohibitions are or could be
imposed by or under that Order."; and
(d) in subsection (8) for the words "that subsection"
substitute "this section".
(3) In section 8 (power to alter
conditions attached to site licences)—
(a) after subsection (1) insert—
" (1A) Where the Regulatory Reform
(Fire Safety) Order 2005 applies to the land to which the site
licence relates, no condition may be attached to a site licence
under subsection (1) of this section in so far as it relates to
any matter in relation to which requirements or prohibitions are
or could be imposed by or under that Order."; and
(b) after subsection (5) insert—
" (5A) Subsection (5) of this
section does not apply where the Regulatory Reform (Fire Safety)
Order 2005 applies to the land.".
Public Health Act 1961
6. In section 75 of the Public Health Act 1961[52]
(byelaws as to pleasure fairs and roller skating rinks) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section which applies to a pleasure fair or rolling skating
rink, in so far as the byelaw relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
Gaming Act 1968
7.
—(1) The Gaming Act 1968[53]
is amended as follows.
(2) In
section 43(9) (rights of entry and related rights) for the words
from "fire and rescue authority" to "situated" substitute
"appropriate fire and rescue
authority".
(3) In section 52(1)
(interpretation) after the definition of "the Act of 1963"
insert—
" "the appropriate fire and rescue authority", in relation
to premises, 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; and
(b) in
any other case, the fire and rescue authority under the Fire
and Rescue Services Act 2004 for the area where the premises
are (or are to be) situated ;".
(4) In Schedule 2 (grant, renewal,
cancellation and transfer of licences)—
" (2A) For the purposes of
sub-paragraph (1), a person shall be taken not to be a fit and
proper person to be the holder of a licence under this Act if he
has been convicted of an offence under the Regulatory Reform
(Fire Safety) Order 2005 in respect of the relevant premises.";
and
(d) omit paragraph 21(1)(f).
Fire Precautions Act 1971
8. The Fire Precautions Act 1971[54]
ceases to have effect.
Health and Safety at Work etc.
Act 1974
9. In section
23(4) of the Health and Safety at Work etc. Act 1974[55]
(supplementary provisions about notices) for the words from "has
the meaning" to the end substitute the following—
" , in relation to premises, 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 where the premises are
(or are to be) situated.".
Safety of Sports Grounds Act
1975
10. —(1) The Safety of
Sports Grounds Act 1975[56]
is amended as follows.
(2) In
section 2 (contents of safety certificates) after subsection (2A)
insert—
" (2B) No condition of a safety
certificate shall require a person to contravene any provision
of the Regulatory Reform (Fire Safety) Order 2005 or regulations
made under it.".
(3) In section 4 (amendment etc of
certificate)—
(a) after subsection (1) insert—
" (1A) The local authority shall, if
it appears to them that a safety certificate would require a
person to contravene any provision of the Regulatory Reform
(Fire Safety) Order 2005 or regulations made under it, amend the
safety certificate by notice in writing to its holder; but
nothing in this subsection shall be taken to require the local
authority to take any action unless they are aware of any such
inconsistency between a safety certificate and the
Order.";
(b) in subsection (4) after "(1)(a)" insert "or
(1A)".
(4) After section 4 insert—
" Safety certificates: fire
safety
4A. A safety
certificate has no effect to the extent that it would require a
person to contravene any provision of the Regulatory Reform
(Fire Safety) Order 2005 or regulations made under
it.".
(5) In section 9(1) (exclusion of other
statutory requirements)—
(a) in paragraph (c) for "sections 24 and 71" substitute
"section 24";
(b) omit paragraph (d); and
(c) in
paragraph (e) for "those terms and conditions" substitute "the
terms and conditions of the safety certificate".
Greater London Council (General Powers) Act
1975
11. Omit section 3 of
the Greater London Council (General Powers) Act 1975[57]
(protection for fire brigade in respect of certain
substances).
County of South Glamorgan Act
1976
12. —(1) The County of
South Glamorgan Act 1976[58]
is amended as follows.
(2) In
section 27 (safety of stands)—
(a) in subsection (2) after the words "requirements which"
insert "subject to subsection (2A),"; and
(b) after
subsection (2) insert—
" (2A) No modification or
requirement may be required under subsection (2) of this section
in so far as it relates to any matter in relation to which
requirements or prohibitions are or could be imposed by or under
the Regulatory Reform (Fire Safety) Order 2005.".
(3) In section 51 (modification of
section 60 of the Public Health Act 1936)—
(a) in subsection (1)(b), omit paragraph (b) and the
preceding "or" of the substituted subsection (4); and
(b)
omit subsection (3)(b) and the preceding "or".
(4) Omit section 52 (firemen's switches
for luminous tube signs).
(5) In
section 54(1) (byelaws with regard to certain temporary
structures), after the words "Public Health Act 1961" insert "and
provided that no byelaw may be made under this section in so far
as it relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005".
Rent Act
1977
13. Omit section 140
of, and Schedule 20 to, the Rent Act 1977[59]
(modification of Act in relation to fire
precautions).
County of Merseyside Act
1980
14. —(1) The County of
Merseyside Act 1980[60]
is amended as follows.
(2) In
section 20 (safety of stands)—
(a) in subsection (6), after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
(3) In section 51(1) (fire and safety
precautions in public and other buildings) for the words from "If
it appears" to "such building" substitute "If it appears to a
district council that for the purpose of preventing injury or
danger (other than injury or danger arising from fire) to persons
resorting to any building to which section 24 of the Building Act
1984 (provision of passages)
applies".
(4) Omit section 54
(firemen's switches for luminous tube signs) and section 57
(byelaws etc. in relation to oil-burning
equipment).
(5) In section 69
(registration of entertainment clubs)—
" (3A) The district council may not
refuse to register or renew the registration of premises under
subsection (3) above on grounds that relate to precautions
against fire.".
(c) in subsection (4)(b) omit the words "the taking of
proper precautions against fire, and" and the words
"fire-fighting appliances"; and
(d) after subsection (4)
insert—
" (4A) No condition may be imposed
under subsection (4) above in so far as it relates to any matter
in relation to which requirements or prohibitions are or could
be imposed by or under the Regulatory Reform (Fire Safety) Order
2005.".
West Midlands County Council Act
1980
15. —(1) The West
Midlands County Council Act 1980[61]
is amended as follows.
(2) In
section 39 (safety of stands)—
(a) in subsection (6) after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
(3) Omit section 45 (firemen's switches
for luminous tube signs) and section 47 (byelaws etc. in relation
to oil-burning equipment).
(4) In
section 49 (provision of means of escape from fire in certain
buildings) omit subsection (3)(b) and the preceding
"or".
Cheshire County Council Act
1980
16. —(1) The Cheshire
County Council Act 1980[62]
is amended as follows.
(2) In
section 29 (safety of stands)—
(a) in subsection (6) after the words "conditions which"
insert "subject to subsection (6A)"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
(3) Omit section 49 (firemen's switches
for luminous tube signs) and section 51 (byelaws etc. in relation
to oil-burning equipment).
(4) In
section 52(1) (fire and safety precautions in public and other
buildings) for the words from "If it appears" to "such building"
substitute "If it appears to a district council that for the
purpose of preventing injury or danger (other than injury or
danger arising from fire) to persons resorting to any building to
which section 24 of the Building Act 1984 (provision of passages)
applies".
(5) Omit section 53 (fire
precautions in buildings used for storage of flammable
substances).
(6) In section 54
(modification of section 60 of the Public Health Act 1936) omit
subsection (4)(b) and the preceding
"or".
(7) In section 56 (byelaws
with regard to certain temporary structures)—
(a) in subsection (1) after the words "fire authority"
insert "and subject to subsection (1A)"; and
(b) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
West Yorkshire Act 1980
17. —(1) The West Yorkshire Act 1980[63]
is amended as follows.
(2) In
section 40 (registration of entertainment clubs)—
" (3A) The district council may not
refuse to register or renew the registration of premises under
subsection (3) above on grounds that relate to precautions
against fire.";
(c) in subsection (4)(b) omit the words "the taking of
proper precautions against fire, and" and the words
"fire-fighting appliances"; and
(d) after subsection (4)
insert—
" (4A) No condition may be imposed
under subsection (4) above in so far as it relates to any matter
in relation to which requirements or prohibitions are or could
be imposed by or under the Regulatory Reform (Fire Safety) Order
2005.".
(3) Omit section 51 (firemen's switches
for luminous tube signs).
Isle of Wight Act
1980
18. Omit section 31
(firemen's switches for luminous tube signs) and section 33
(byelaws etc. in relation to oil-burning equipment) of the Isle of
Wight Act 1980[64].
South
Yorkshire Act 1980
19. —(1)
The South Yorkshire Act 1980[65]
is amended as follows.
(2) In
section 45 (safety of stands)—
(a) in subsection (6) after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
(3) In section 46 (byelaws with regard
to certain temporary structures)—
(a) in subsection (1) after the words "fire authority"
insert "and subject to subsection (1A)"; and
(b) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
(4) Omit section 54 (firemen's switches
for luminous tube signs).
(5) In
section 58(1) (fire and safety precautions in public and other
buildings) for the words from "If it appears" to "such building"
substitute "If it appears to a district council that for the
purpose of preventing injury or danger (other than injury or
danger arising from fire) to persons resorting to any building to
which section 24 of the Building Act 1984 (provision of passages)
applies".
(6) Omit section 59
(byelaws etc. in relation to oil-burning
equipment).
Tyne and Wear Act
1980
20. —(1) The Tyne and
Wear Act 1980[66]
is amended as follows.
(2) In
section 17 (safety of stands)—
(a) in subsection (6) after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
(3) In section 18 (byelaws with regard
to certain temporary structures)—
(a) in subsection (1) after the words "fire authority"
insert "and subject to subsection (1A)"; and
(b) after
subsection (1), insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
Zoo Licensing Act 1981
21. Section 3 of the Zoo Licensing Act 1981[67]
(consideration of application for licence) is amended as
follows—
(a) in subsection (2), for paragraph (c) substitute "(c) the
relevant fire and rescue authority"; and
(b) after
subsection (2) insert—
Greater Manchester Act 1981
22. —(1) The Greater Manchester Act 1981[68]
is amended as follows.
(2) In
section 58 (safety of stands)—
(a) in subsection (6), after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
(3) In section 59 (byelaws with regard
to certain temporary structures)—
(a) in subsection (1) after the words "fire authority"
insert "and subject to subsection (1A)"; and
(b) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
(4) Omit section 62 (firemen's switches
for luminous tube signs).
(5) In
section 66(1) (fire and safety precautions in public and other
buildings) for the words from "If it appears" to "such building"
substitute "If it appears to a district council that for the
purpose of preventing injury or danger (other than injury or
danger arising from fire) to persons resorting to any building to
which section 24 of the Building Act 1984 (provision of passages)
applies".
(6) In section 78
(registration of entertainment clubs)—
" (3A) The district council may not
refuse to register or renew the registration of premises under
subsection (3) above on grounds that relate to precautions
against fire.".
(c) in subsection (4)(b) omit the words "the taking of
proper precautions against fire, and" and the words
"fire-fighting appliances"; and
(d) after subsection (4)
insert—
" (4A) No condition may be imposed
under subsection (4) above in so far as it relates to any matter
in relation to which requirements or prohibitions are or could
be imposed by or under the Regulatory Reform (Fire Safety) Order
2005.".
County of Kent Act 1981
23. Omit section 52 (firemen's switches for luminous tube
signs) and section 54 (byelaws etc. in relation to oil-burning
equipment) of the County of Kent Act 1981[69].
Derbyshire
Act 1981
24. —(1) The
Derbyshire Act 1981[70]
is amended as follows.
(2) In
section 16 (safety of stands)—
(a) in subsection (6) after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
(3) In section 24 (modification of
section 60 of the Public Health Act 1936)—
(a) in subsection (1)(b), omit paragraphs (b) and (c) and
the preceding "or" of the substituted subsection (4);
and
(b) omit subsection (3)(b) and the preceding
"or".
(4) Omit section 25 (firemen's switches
for luminous tube signs) and section 26 (byelaws etc. in relation
to oil-burning equipment).
East Sussex Act
1981
25. —(1) The East
Sussex Act 1981[71]
is amended as follows.
(2) Omit
section 34 (fireman's switches for luminous tube
signs).
(3) In section 47
(registration of entertainment clubs)—
" (3A) The district council may not
refuse to register or renew the registration of premises under
subsection (3) above on grounds that relate to precautions
against fire.".
(c) in subsection (4)(b) omit the words "the taking of
proper precautions against fire, and" and the words
"fire-fighting appliances"; and
(d) after subsection (4)
insert—
" (4A) No condition may be imposed
under subsection (4) above in so far as it relates to any matter
in relation to which requirements or prohibitions are or could
be imposed by or under the Regulatory Reform (Fire Safety) Order
2005.".
Local Government (Miscellaneous Provisions) Act
1982
26. —(1) The Local
Government (Miscellaneous Provisions) Act 1982[72]
is amended as follows.
(2) Omit
sections 9 and 10 (firemen's switches for luminous tube
signs).
(3) In Schedule 3 (control
of sex establishments)—
(a) in paragraph 8—
(i) at the beginning insert "(1)";
(ii) after the
words "Subject to" insert "sub-paragraph (2) and";
and
(iii) at the end insert—
" (2) No term, condition or
restriction may be specified under sub-paragraph (1) above in so
far as it relates to any matter in relation to which
requirements or prohibitions are or could be imposed by or under
the Regulatory Reform (Fire Safety) Order 2005 in respect of the
premises, vehicle, vessel or stall.";
(b) after paragraph 13(1) insert—
" (1A) No standard condition may be
prescribed by regulation under sub-paragraph (1) above in so far
as it relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.";
(c) in paragraph 18(2) at the beginning insert "Subject to
sub-paragraph (4) below,"; and
(d) after paragraph 18(3)
insert—
" (4) No variation is to be made
under this paragraph in so far as it relates to any matter in
relation to which requirements or prohibitions are or could be
imposed by or under the Regulatory Reform (Fire Safety) Order
2005.".
Humberside Act 1982
27. —(1) The Humberside Act 1982[73]
is amended as follows.
(2) Omit
section 13 (firemen's switches for luminous tube
signs).
(3) In section 15
(modification of section 60 of the Public Health Act
1936)—
(a) in subsection (1) omit paragraphs (b) and (c) and the
preceding "or" of the substituted subsection (4); and
(b)
omit subsection (3)(b) and the preceding "or".
(4) In section 17 (byelaws with regard
to certain temporary structures)—
(a) in subsection (1) after the words "county council may"
insert "subject to subsection (1A),"; and
(b) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
County of Avon Act 1982
28. Section 6 of the County of Avon Act 1982[74]
(byelaws with regard to certain temporary structures) is amended
as follows—
(a) in subsection (1) after the words "fire authority"
insert "and subject to subsection (1A),"; and
(b) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
Cumbria Act 1982
29.
—(1) The Cumbria Act 1982[75]
is amended as follows.
(2) Omit
section 27 (byelaws etc. in relation to oil-burning
equipment).
(3) In section 28
(modification of section 60 of the Public Health Act
1936)—
(a) in subsection (1) omit paragraphs (b) and (c) and the
preceding "or" of the substituted subsection (4); and
(b)
omit subsection (4)(b) and the preceding "or".
(4) Omit section 29 (fire precautions
in buildings used for storage of flammable
substances).
Hampshire Act
1983
30. Omit section 14 of
the Hampshire Act 1983[76]
(automatic fire alarms).
Staffordshire Act
1983
31. —(1) The
Staffordshire Act 1983[77]
is amended as follows.
(2) Omit
section 27 (byelaws etc. in relation to oil-burning
equipment).
(3) In section 28
(byelaws with regard to certain temporary structures)—
(a) in subsection (1) after the words "fire authority"
insert "and subject to subsection (1A),"; and
(b) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
Food Act 1984
32.
—(1) The Food Act 1984[78]
is amended as follows.
(2) In
section 60(d) (market byelaws) omit the words "for the area in
which the market is situated".
(3)
In section 61 (interpretation) for the definition of "fire and
rescue authority" substitute—
" "fire and rescue authority" in relation to a market,
means—
(a) where the Regulatory Reform (Fire Safety) Order 2005
applies to the market, the enforcing authority within the
meaning given by article 25 of that Order; or
(b) in
any other case, the fire and rescue authority under the Fire
and Rescue Services Act 2004 for the area in which the market
is situated .".
Building Act 1984
33.
—(1) The Building Act 1984[79]
is amended as follows.
(2) In
section 48 (effect of initial notice), omit subsection
(4).
(3) In section 51B[80]
(effect of amendment notice), omit subsection
(2).
(4) Omit section 71 (entrances
and exits required in certain
cases).
(5) In section 72 (means of
escape from fire)—
(a) in subsection (6), omit paragraphs (b) and (c);
and
(b) omit subsection (7).
(6) In section 81[81]
(local authority power to serve notice about demolition)—
(a) for subsection (6)(b) substitute—
" (b) if it contains such a requirement as is specified in
section 82(1)(i) below, to the fire and rescue authority, if
they are not themselves the fire and rescue authority.";
and
(b) omit subsection (7).
(7) In section 82 (notices under
section 81), for subsection (1)(i) substitute—
" (i) to make such arrangements with regard to the burning
of structures or materials on the site as may be reasonably
required by the fire and rescue authority;".
(8) In section 126 (interpretation) for
the definition of "fire and rescue authority" substitute—
" "fire and rescue authority" in relation to any premises
or proposed premises, means—
(a) where the Regulatory Reform (Fire Safety) Order 2005
applies to the premises or proposed 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 or are to be situated
;".
County of Lancashire Act
1984
34. —(1) The County of
Lancashire Act 1984[82]
is amended as follows.
(2) Omit
section 32 (fire precautions in buildings used for storage of
flammable substances).
(3) In
section 35 (byelaws with regard to certain temporary
structures)—
(a) in subsection (1) after the words "fire authority"
insert "and subject to subsection (1A)"; and
(b) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
Cornwall County Council Act
1984
35. Section 20 of the
Cornwall County Council Act 1984[83]
(safety of stands) is amended as follows—
(a) in subsection (6) after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
Bournemouth Borough Council Act
1985
36. In section 19 of
the Bournemouth Borough Council Act 1985[84]
(modification of section 72 of the Building Act 1984) omit
subsection (3)(b) and the preceding "or".
Leicestershire
Act 1985
37. —(1) The
Leicestershire Act 1985[85]
is amended as follows.
(2) In
section 21 (safety of stands)—
(a) in subsection (6) after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
(3) Omit section 47 (automatic fire
alarms) and section 48 (fire precautions in buildings used for
storage of flammable
substances).
(4) In section 51
(byelaws with regard to certain temporary structures)—
(a) in subsection (1) after the words "fire authority"
insert "and subject to subsection (1A)"; and
(b) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
(5) In section 54(6) (means of escape
from fire in certain buildings) omit the word "or" at the end of
paragraph (a) and the words following "or" to the end of the
subsection.
Clwyd County Council Act
1985
38. —(1) The Clwyd
County Council Act 1985[86]
is amended as follows.
(2) Omit
section 21 (byelaws etc. in relation to oil-burning equipment) and
section 23 (fire precautions in buildings used for storage of
flammable substances).
(3) In
section 24(1) (fire and safety precautions in public and other
buildings) for the words from "If it appears" to "such building"
substitute "If it appears to a district council that for the
purpose of preventing injury or danger (other than injury or
danger arising from fire) to persons resorting to any building to
which section 24 of the Building Act 1984 (provision of passages)
applies".
(4) In section 26
(modification of section 72 of the Building Act 1984) omit
subsection (3).
(5) In section 42
(byelaws with regard to certain temporary structures)—
(a) in subsection (1) after the words "fire authority"
insert "and subject to subsection (1A)"; and
(b) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
Worcester City Council Act
1985
39. —(1) The Worcester
City Council Act 1985[87]
is amended as follows.
(2) In
section 27 (safety of stands)—
(a) in subsection (6) after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
(3) In section 28 (byelaws with regard
to certain temporary structures)—
(a) in subsection (1) after the words "fire authority"
insert "and subject to subsection (1A)"; and
(b) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
(4) In section 45 (provision of means
of escape from fire in certain buildings), omit subsection
(1)(b)(iv) and subsection (3).
Poole Borough Council Act
1986
40. —(1) The Poole
Borough Council Act 1986[88]
is amended as follows.
(2) In
section 6 (safety of stands)—
(a) in subsection (6) after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
(3) In section 12(1) (fire and safety
precautions in public and other buildings) for the words from "If
it appears" to "such building" substitute "If it appears to the
Council that for the purpose of preventing injury or danger (other
than injury or danger arising from fire) to persons resorting to
any building to which section 24 of the Building Act 1984
(provision of passages)
applies".
(4) Omit section 13 (fire
precautions in buildings used for storage of flammable
substances).
(5) In section 16
(modification of section 72 of the Building Act 1984) omit
subsection (3).
Berkshire Act
1986
41. —(1) The Berkshire
Act 1986[89]
is amended as follows.
(2) In
section 28 (safety of stands)—
(a) in subsection (6) after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
(3) Omit section 30 (fire precautions
in building used for storage of flammable
substances).
(4) In section 31
(byelaws with regard to certain temporary structures)—
(a) in subsection (1) after the words "fire authority"
insert "and subject to subsection (1A)"; and
(b) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
(5) In section 33 (modification of
section 72 of the Building Act 1984)—
(a) in subsection (1), omit paragraphs (b) and (c) and the
preceding "or" of the substituted subsection (6); and
(b)
in subsection (3) paragraphs (b) and (c) and the preceding "or"
are omitted.
(6) In section 35(1) (fire and safety
precautions in public and other buildings), for the words from "If
it appears" to "such building" substitute "If it appears to a
district council that for the purpose of preventing injury or
danger (other than injury or danger arising from fire) to persons
resorting to any building to which section 24 of the Building Act
1984 (provision of passages)
applies".
(7) Omit section 40
(automatic fire alarms).
Fire Safety and Safety of
Places of Sport Act 1987
42. —(1) The Fire Safety and Safety of Places of Sport Act
1987[90]
is amended as follows.
(2) In
section 27 (contents of safety certificates) after subsection (3)
insert—
" (3A) No condition of a safety
certificate shall require a person to contravene any provision
of the Regulatory Reform (Fire Safety) Order 2005 or regulations
made under it.".
(3) In section 29 (amendment,
cancellation etc. of certificates)—
(a) after subsection (1) insert—
" (1A) The local authority shall, if
it appears to them that a safety certificate would require a
person to contravene any provision of the Regulatory Reform
(Fire Safety) Order 2005 or regulations made under it, amend the
safety certificate by notice in writing to its holder; but
nothing in this subsection shall be taken to require the local
authority to take any action unless they are aware of such an
inconsistency between a safety certificate and the
Order.";
(b) in subsection (4) after "(1)(b)" insert "or (1A)";
and
(4) After section 29 insert—
" Safety certificates: fire
safety
29A. A safety
certificate has no effect to the extent that it would require a
person to contravene any provision of the Regulatory Reform
(Fire Safety) Order 2005 or regulations made under
it.".
(5) In section 33(1)[91]
(exclusion of other statutory requirements)—
(a) omit paragraph (b); and
(b) in paragraph (d) for
the words "sections 24 and 71" substitute "section
24".
Plymouth City Council Act
1987
43. —(1) The Plymouth
City Council Act 1987[92]
is amended as follows.
(2) In
section 7 (safety of stands)—
(a) in subsection (6) after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
(3) In section 10 of the Plymouth City
Council Act 1987 (provision of means of escape from fire in
certain buildings), omit subsection (3).
West Glamorgan
Act 1987
44. —(1) The West
Glamorgan Act 1987[93]
is amended as follows.
(2) In
section 41 (byelaws with regard to certain temporary
structures)—
(a) in subsection (1) after the words "fire authority"
insert "and subject to subsection (1A)"; and
(b) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
(3) In section 42 (safety of
stands)—
(a) in subsection (6) after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
Dyfed Act 1987
45.
—(1) The Dyfed Act 1987[94]
is amended as follows.
(2) In
section 45 (byelaws as to temporary structures)—
(a) in subsection (1) after the words "fire authority"
insert "and subject to subsection (1A)"; and
(b) after
subsection (1) insert—
" (1A) No byelaw may be made under
this section in so far as it relates to any matter in relation
to which requirements or prohibitions are or could be imposed by
or under the Regulatory Reform (Fire Safety) Order
2005.".
(3) In section 46 (safety of
stands)—
(a) in subsection (6) after the words "conditions which"
insert "subject to subsection (6A),"; and
(b) after
subsection (6) insert—
" (6A) No modification or condition
may be required under subsection (6) above in so far as it
relates to any matter in relation to which requirements or
prohibitions are or could be imposed by or under the Regulatory
Reform (Fire Safety) Order 2005.".
(4) Omit section 48 (byelaws etc. in
relation to oil-burning
equipment).
(5) In section 50
(amendment of section 72 of the Building Act 1984) omit subsection
(3)(b) and the preceding "or".
(6)
Omit section 53 (automatic fire alarms).
Environment and
Safety Information Act 1988
46. In the Schedule to the Environment and Safety
Information Act 1988[95]
(authorities and statutory functions) after the entry for the Food
and Environment Protection Act 1985 insert the following
entry—
S.I. 2005/1541 |
The Regulatory Reform (Fire Safety) Order 2005 |
The enforcing authority as defined in article 25. |
Articles 29, 30 and 31. |
Smoke
Detectors Act 1991
47. The
Smoke Detectors Act 1991[96]
ceases to have effect.
London Local Authorities Act
1995
48. —(1) The London
Local Authorities Act 1995[97]
is amended as follows.
(2) In
section 2 (interpretation) for the definition of "the fire and
rescue authority" substitute—
" "the fire and rescue authority", in relation to
premises, 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; or
(b) in
any other case, the London Fire and Emergency Planning
Authority;".
(3) In section 16 (near beer licensing)
after subsection (3) insert—
" (3A) No term, condition or
restriction is to be imposed under subsection (2) above in so
far as it relates to any matter in relation to which
requirements or prohibitions are or could be imposed by or under
the Regulatory Reform (Fire Safety) Order 2005 in respect of the
premises.".
(4) In section 18(1) (refusal of
licence) for paragraphs (f) and (g) substitute—
" (f) where the Regulatory Reform (Fire Safety) Order 2005
applies to the premises, that Order or any regulations made
under it are not being complied with in respect of the
premises;
(g) where the Regulatory Reform (Fire Safety)
Order 2005 does not apply to the premises—
(i) proper precautions against fire on the premises are
not being taken;
(ii) satisfactory means of escape in
case of fire and suitable fire-fighting appliances are not
provided on the premises; or".
(5) In section 20 (power to prescribe
standard terms, conditions and restrictions) after subsection (1)
insert—
" (1A) No standard condition that is
applicable to premises to which the Regulatory Reform (Fire
Safety) Order 2005 applies may be prescribed by regulation under
subsection (1) above in so far as it relates to any matter in
relation to which requirements or prohibitions are or could be
imposed by or under that Order.".
(6) In section 22 (variation of near
beer licence)—
(a) in subsection (3) after the words "The council may"
insert ", subject to subsection (4) below"; and
(b) after
subsection (3) insert—
" (4) No term, condition or
restriction may be varied under this section in so far as the
effect of the variation would be that the term, condition or
restriction as varied would relate to any matter in relation to
which requirements or prohibitions are or could be imposed by or
under the Regulatory Reform (Fire Safety) Order
2005.".
Capital Allowances Act 2001
49. In section 29 of the Capital Allowances Act 2001[98]
(allowances for fire safety)—
(a) omit subsections (2) to (4); and
(b) after
subsection (4) insert—
" (4A) A person takes required fire
precautions in respect of premises if—
(a) he has been served with a notice under article 31 of
the Regulatory Reform (Fire Safety) Order 2005 (prohibition
notices) in respect of the premises specifying matters giving
rise to a risk of a kind mentioned in paragraph (1) of that
article, and
(b) he takes steps to remedy the matters
specified in the prohibition notice.".
Licensing Act 2003
50. —(1) The Licensing Act 2003[99]
is amended as follows.
(2) In
sections 13 (authorised persons, interested parties and
responsible authorities) and 69 (authorised persons, interested
parties and responsible authorities) for paragraph (b) of
subsection (2), in each case, substitute—
" (b) an inspector appointed by the fire and rescue
authority for the area in which the premises are
situated."
(3) In section 177(8) (dancing and live
music in certain small premises) in the definition of "permitted
capacity"—
(a) omit paragraph (a);
(b) in paragraph (b), omit
the words "in any other case,".
SCHEDULE 3Article 53(1)
AMENDMENTS OF SUBORDINATE
LEGISLATION
The Dangerous Substances in Harbour
Areas Regulations 1987
1.
Regulation 30 of the Dangerous Substances in Harbour Areas
Regulations 1987[100]
(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[101]
(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[102]
(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.".
The Housing (Fire Safety in Houses in Multiple Occupation)
Order 1997
4. In regulation
3 of the Housing (Fire Safety in Houses in Multiple Occupation)
Order 1997[103]
(description of house – consultation requirements) in paragraph
(2)(f) for the words "a valid fire certificate issued under
section 1 of the Fire Precautions Act 1971 is in force" substitute
"the Regulatory Reform (Fire Safety) Order 2005
applies".
The Health and Safety (Enforcing Authority)
Regulations 1998
5. In
regulation 4 of the Health and Safety (Enforcing Authority)
Regulations 1998[104]
(enforcement by the Executive) for paragraph (3)(e)
substitute—
" (e) a fire and rescue authority under the Fire and
Rescue Services Act 2004;".
The Building Regulations
2000
6. —(1) The Building
Regulations 2000[105]
are amended as follows.
(2) In
regulation 12 (giving of a building notice or deposit of
plans)—
(a) omit paragraph (1);
(b) for paragraph (4)
substitute—
" (4) A person shall deposit full
plans where he intends to carry out building work in relation to
a building to which the Regulatory Reform (Fire Safety) Order
2005 applies, or will apply after the completion of the building
work.".
(3) In regulation 14 (full plans) for
paragraph (4) substitute—
" (4) Full plans shall be
accompanied by a statement as to whether the building is a
building in relation to which the Regulatory Reform (Fire
Safety) Order 2005 applies, or will apply after the completion
of the building work.".
(4) In regulation 17 (completion
certificates) for paragraph (1)(b)(i) substitute—
" (i) been notified, in accordance with regulation
14(4), that the building is a building to which the
Regulatory Reform (Fire Safety) Order 2005 applies, or will
apply after the completion of the work; or".
The Building (Approved Inspectors etc.) Regulations
2000
7. —(1) The Building
(Approved Inspectors etc.) Regulations 2000[106]
are amended as follows.
(2) In
regulation 2 (interpretation) omit the definition of "fire and
rescue authority".
(3) In
regulation 13(1) (approved inspector's consultation with the fire
authority)—
(4) In regulation 18 (events causing
initial notice to cease to be in force) for paragraph (2)(i)
substitute—
" (i) if the building is a relevant building as defined
by regulation 13(1)(b), on the expiry of a period of four
weeks beginning with the date of occupation;
and".
The Care Homes Regulations
2001
8. Regulation 23 of
the Care Homes Regulations 2001[107]
(fitness of premises) is amended as follows—
(a) in paragraph (4) for the words "The registered person"
substitute "Subject to paragraph (4A) the registered person";
and
(b) after paragraph (4) insert—
" (4A) Where the Regulatory Reform
(Fire Safety) Order 2005 applies to the care home—
(a) paragraph (4) does not apply; and
(b) the
registered person must ensure that the requirements of that
Order and any regulations made under it, except for article 23
(duties of employees), are complied with in respect of the
care home.".
The Children's Homes Regulations
2001
9. Regulation 32 of
the Children's Homes Regulations 2001[108]
(fire precautions) is amended as follows—
(a) in paragraph (1) for the words "The registered person"
substitute "Subject to paragraph (1A) the registered person";
and
(b) after paragraph (1) insert—
" (1A) Where the Regulatory Reform
(Fire Safety) Order 2005 applies to the children's home—
(a) paragraph (1) does not apply; and
(b) the
registered person must ensure that the requirements of that
Order and any regulations made under it, except for article 23
(duties of employees), are complied with in respect of the
home.".
The Private and Voluntary Care (England) Regulations
2001
10. Regulation 25 of
the Private and Voluntary Care (England) Regulations 2001[109]
(fitness of premises) is amended as follows—
(a) in paragraph (4) for the words "The registered person"
substitute "Subject to paragraph (4A) the registered person";
and
(b) after paragraph (4) insert—
" (4A) Where the Regulatory Reform
(Fire Safety) Order 2005 applies to the premises—
(a) paragraph (4) does not apply; and
(b) the
registered person must ensure that the requirements of that
Order and any regulations made under it, except for article 23
(duties of employees), are complied with in respect of those
premises.".
The Care Homes (Wales) Regulations
2002
11. Regulation 24 of
the Care Homes (Wales) Regulations 2002[110]
(fitness of premises) is amended as follows—
(a) in paragraph (4) of the English language version for the
words "The registered person" substitute "Subject to paragraph
(4A) the registered person";
(b) in paragraph (4) of the
Welsh language version for the words "Rhaid i'r person
cofrestredig" substitute "Yn ddarostyngedig i baragraff (4A)
rhaid i'r person cofrestredig";
(c) after paragraph (4)
of the English language version insert—
" (4A) Pan fydd Gorchymyn Diwygio
Rheoleiddio (Diogelwch Tân) 2005 yn gymwys i'r cartref gofal
—
(a) nid yw paragraff (4) yn gymwys; a
(b) rhaid i'r
person cofrestredig sicrhau cydymffurfiad â gofynion y
Gorchymyn hwnnw ac ag unrhyw reoliadau a wnaed oddi tano, ag
eithrio erthygl 23 (dyletswyddau cyflogeion), mewn perthynas
â'r cartref gofal.".
The Private and Voluntary Care (Wales) Regulations
2002
12. Regulation 24 of
the Private and Voluntary Care (Wales) Regulations 2002[111]
(fitness of premises) is amended as follows—
(a) in paragraph (4) of the English language version for the
words "The registered person" substitute "Subject to paragraph
(4A) the registered person";
(b) in paragraph (4) of the
Welsh language version for the words "Rhaid i'r person
cofrestredig" substitute "Yn ddarostyngedig i baragraff (4A)
rhaid i'r person cofrestredig";
(c) after paragraph (4)
of the English language version insert—
" (4A) Pan fydd Gorchymyn Diwygio
Rheoleiddio (Diogelwch Tân) 2005 yn gymwys i'r tir ac
adeiladau—
(a) nid yw paragraff (4) yn gymwys; a
(b) rhaid i'r
person cofrestredig sicrhau cydymffurfiad â gofynion y
Gorchymyn hwnnw ac ag unrhyw reoliadau a wnaed oddi tano, ag
eithrio erthygl 23 (dyletswyddau cyflogeion), mewn perthynas
â'r tir ac adeiladau hynny.".
The Children's Homes (Wales) Regulations
2002
13. Regulation 31 of
the Children's Homes (Wales) Regulations 2002[112]
(fire precautions) is amended as follows—
(a) in paragraph (1) of the English language version for the
words "The registered person" substitute "Subject to paragraph
(1A) the registered person";
(b) in paragraph (1) of the
Welsh language version for the words "Rhaid i'r person
cofrestredig" substitute "Yn ddarostyngedig i baragraff (1A)
rhaid i'r person cofrestredig";
(c) after paragraph (1)
of the English language version insert—
" (1A) Pan fydd Gorchymyn Diwygio
Rheoleiddio (Diogelwch Tân) 2005 yn gymwys i'r cartref
plant—
(a) nid yw paragraff (1) yn gymwys; a
(b) rhaid i'r
person cofrestredig sicrhau cydymffurfiad â gofynion y
Gorchymyn hwnnw ac ag unrhyw reoliadau a wnaed oddi tano, ag
eithrio erthygl 23 (dyletswyddau cyflogeion), mewn perthynas
â'r cartref.".
The Child Minding and Day Care (Wales) Regulations
2002
14. Regulation 21 of
the Child Minding and Day Care (Wales) Regulations 2002[113]
(fire precautions) is amended as follows—
(a) in paragraph (1) of the English language version for the
words "The registered person" substitute "Subject to paragraph
(1A) the registered person";
(b) in paragraph (1) of the
Welsh language version for the words "Rhaid i'r person
cofrestredig" insert “Yn ddarostyngedig i baragraff (1A) rhaid
i'r person cofrestredig;
(c) after paragraph (1) of the
English language version insert—
" (1A) Pan fydd Gorchymyn Diwygio
Rheoleiddio (Diogelwch Tân) 2005 yn gymwys i'r safle perthnasol
—
(a) nid yw paragraff (1) yn gymwys; a
(b) rhaid i'r
person cofrestredig sicrhau cydymffurfiad â gofynion y
Gorchymyn hwnnw ac ag unrhyw reoliadau a wnaed oddi tano, ag
eithrio erthygl 23 (dyletswyddau cyflogeion), mewn perthynas
â'r safle.".
The Residential Family Centres Regulations
2002
15. Regulation 22 of
the Residential Family Centres Regulations 2002[114]
(fire precautions) is amended as follows—
(a) in paragraph (1) for the words "The registered person"
substitute "Subject to paragraph (1A) the registered person";
and
(b) after paragraph (1) insert—
" (1A) Where the Regulatory Reform
(Fire Safety) Order 2005 applies to the residential family
centre—
(a) paragraph (1) does not apply; and
(b) the
registered person must ensure that the requirements of that
Order and any regulations made under it, except for article 23
(duties of employees), are complied with in respect of the
premises.".
The Residential Family Centres (Wales) Regulations
2003
16. Regulation 22 of
the Residential Family Centres (Wales) Regulations 2003[115]
(fire precautions) is amended as follows—
(a) in paragraph (1) of the English language version for the
words "The registered person" substitute "Subject to paragraph
(1A) the registered person";
(b) in paragraph (1) of the
Welsh language version for the words "Rhaid i'r person
cofrestredig" insert "Yn ddarostyngedig i baragraff (1A) rhaid
i'r person cofrestredig";
(c) after paragraph (1) of the
English language version insert—
" (1A) Pan fydd Gorchymyn Diwygio
Rheoleiddio (Diogelwch Tân) 2005 yn gymwys i'r ganolfan preswyl
i deuluoedd—
(a) nid yw paragraff (1) yn gymwys; a
(b) rhaid i'r
person cofrestredig sicrhau cydymffurfiad â gofynion y
Gorchymyn hwnnw ac ag unrhyw reoliadau a wnaed oddi tano, ag
eithrio erthygl 23 (dyletswyddau cyflogeion), mewn perthynas
â'r tir ac adeiladau.".
SCHEDULE 4Article 53(2)
REPEALS
Instrument |
Reference |
Extent of repeal |
London Building Acts (Amendment) Act 1939 |
c. xcvii |
In section 20(2A) the words "and maintenance",
paragraphs (a) and (b) and in paragraph (e) the words
"interior, exterior and".
Section 34.
In
section 35(1), paragraphs (a), (b) and (d), in paragraph
(c), sub-paragraphs (ii) and (iii) and the final "or" and in
paragraph (i) of the proviso the words from "as respects a
building" to "referred to in this
subsection".
Section 35(5).
Section
38.
In section 42, paragraphs (a), (b), (c) and
(f).
|
East Ham Corporation Act 1957 |
c. xxxvii |
Sections 63 and 64. |
Gaming Act 1968 |
c. 65 |
In Schedule 2, the definition of "the appropriate fire
authority" in paragraph 2(2), and paragraph 21(1)(f). |
Fire Precautions Act 1971 |
c. 40 |
The whole Act. |
Fire Precautions (Loans) Act 1973 |
c. 11 |
The whole Act. |
Health and Safety at Work etc. Act 1974 |
c. 37 |
Section 78 and Schedule 8. |
Safety of Sports Grounds Act 1975 |
c. 52 |
Section 9(1)(d). |
Greater London Council (General Powers) Act 1975 |
c. xxx |
Section 3. |
County of South Glamorgan Act 1976 |
c. xxxv |
In section 51(1)(b), paragraph (b) and the preceding
"or" of the substituted subsection (4) and subsection (3)(b)
and the preceding "or".
Section 52.
|
Rent Act 1977 |
c. 42 |
Section 140 and Schedule 20. |
Local Government, Planning and Land Act 1980 |
c. 65 |
Section 152(1)(a) and (b). |
County of Merseyside Act 1980 |
c. x |
Sections 54 and 57.
In section 69(3), in
paragraph (c) the words “and suitable
fire-fighting
appliances” and paragraph (d).
In section 69(4)(b)
the words "the taking of proper precautions against fire,
and" and the words "fire-fighting appliances".
|
West Midlands County Council Act 1980 |
c. xi |
Sections 45 and 47.
In section 49(3), paragraph
(b) and the preceding "or".
|
Cheshire County Council Act 1980 |
c. xiii |
Sections 49, 51 and 53.
In section 54(4)
paragraph (b) and the preceding "or".
|
West Yorkshire Act 1980 |
c. xiv |
In section 40(3) in paragraph (c) the words "and
suitable fire-fighting appliances," and paragraph
(d).
In section 40(4)(b) the words "the taking of
proper precautions against fire, and" and the words
"fire-fighting appliances".
Section 51.
|
Isle of Wight Act 1980 |
c. xv |
Sections 31 and 33. |
South Yorkshire Act 1980 |
c. xxxvii |
Sections 54 and 59. |
Greater Manchester Act 1981 |
c. ix |
Section 62.
In section 78(3) in paragraph (c) the
words "and suitable fire-fighting appliances," and paragraph
(d).
In section 78(4)(b) the words "the taking of
proper precautions against fire, and" and the words
"fire-fighting appliances".
|
County of Kent Act 1981 |
c. xviii |
Sections 52 and 54. |
Derbyshire Act 1981 |
c. xxxiv |
In section 24 in subsection 1(b) paragraphs (b) and (c)
and the preceding "or" of the substituted subsection (4) and
subsection (3)(b) and the preceding "or".
Sections 25
and 26.
|
East Sussex Act 1981 |
c. xxv |
Section 34.
In section 47(3) in paragraph (c) the
words "and suitable fire-fighting appliances," and paragraph
(d).
In section 47(4)(b) the words "the taking of
proper precautions against fire, and" and the words
"fire-fighting appliances".
|
Local Government (Miscellaneous
Provisions) Act
1982
|
c. 30 |
Sections 9 and 10. |
Humberside Act 1982 |
c. iii |
Section 13.
In section 15 in subsection 1(b)
paragraphs (b) and (c) and the preceding "or" of the
substituted subsection (4) and subsection (3)(b) and the
preceding "or".
|
Cumbria Act 1982 |
c. xv |
Section 27.
In section 28 in subsection 1(b)
paragraphs (b) and (c) and the preceding "or" of the
substituted subsection (4) and subsection (4)(b) and the
preceding "or".
Section 29.
|
Hampshire Act 1983 |
c. v |
Section 14. |
Staffordshire Act 1983 |
c xviii |
Section 27. |
Food Act 1984 |
c.30 |
In section 60(d) the words "for the area in which the
market is situated". |
Building Act 1984 |
c. 55 |
Sections 48(4), 51B(2), 71, 72(6)(b) and (c) and (7),
and 81(7). |
County of Lancashire Act 1984 |
c. xxi |
Section 32. |
Bournemouth Borough Act 1985 |
c. v |
Section 19(3)(b) and the preceding "or". |
Leicestershire Act 1985 |
c. xvii |
Sections 47 and 48.
In section 54(6), the word
"or" at the end of paragraph (a) and the words following
"or" to the end of the subsection.
|
Clwyd County Council Act 1985 |
c. xliv |
Sections 21, 23 and 26(3). |
Worcester City Council Act 1985 |
c. lxiii |
In section 45, subsection (1)(b)(iv) and subsection
(3). |
Poole Borough Council Act 1986 |
c. i |
Sections 13 and 16(3). |
Berkshire Act 1986 |
c. ii |
Section 30.
In section 33(1) in subsection 1(b)
paragraphs (b) and (c) and the preceding "or" of the
substituted subsection (4) and subsection (3)(b) and (c) and
the preceding "or".
Section 40.
|
Fire Safety and Safety of Places of Sport Act 1987 |
c. 27 |
Part 1.
Section 33(1)(b).
Schedule
1.
|
Plymouth City Council Act 1987 |
c. iv |
Section 10(3). |
Dyfed Act 1987 |
c. xxiv |
Section 48.
Section 50(3)(b) and the preceding
"or".
Section 53.
|
Environment and Safety Information Act 1988 |
c. 30 |
The entry in the Schedule
relating to the Fire
Precautions Act 1971.
|
National Health Service and Community Care Act 1990 |
c. 19 |
In Schedule 8, paragraph 15. |
Smoke Detectors Act 1991 |
c. 37 |
The whole Act. |
Capital Allowances Act 2001 |
c. 2 |
Section 29(2) to (4). |
SCHEDULE 5Article 53(2)
REVOCATIONS
Instrument |
Reference |
Extent of revocation |
The Fire Certificate (Special Premises) Regulations
1976 |
S.I. 1976/2003 |
The whole Regulations. |
The Fire Precautions (Workplace) Regulations 1997 |
S.I. 1997/1840 |
The whole Regulations. |
The Fire Precautions (Workplace) (Amendment) Regulations
1999 |
S.I. 1999/1877 |
The whole Regulations. |
The Management of Health and Safety at Work Regulations
1999 |
S.I. 1999/3242 |
In regulations 1(2), 3(1), 7(1), 11(1)(a), 11(1)(b),
12(1)(b) the words "and by Part II of the Fire Precautions
(Workplace) Regulations 1997" in each place where they
occur.
In regulation 10(1)(c) the words from "and the
measures" to "Regulations 1997".
In regulation
10(1)(d) the words "and regulation" to "Regulations
1997".
In regulations 11(2) and 12(2) the words in
brackets.
Regulation
28.
|
EXPLANATORY NOTE
(This note
is not part of the Order)
This Order reforms
the law relating to fire safety in non-domestic premises. It
replaces fire certification under the Fire Precautions Act 1971
with a general duty to ensure, so far as is reasonably
practicable, the safety of employees, a general duty, in relation
to non-employees to take such fire precautions as may reasonably
be required in the circumstances to ensure that premises are safe
and a duty to carry out a risk assessment. The Order imposes a
number of specific duties in relation to the fire precautions to
be taken. The Order provides for the enforcement of the Order,
appeals, offences and connected matters. It amends or repeals
other primary legislation concerning fire safety to take account
of the new system and provides for minor and other consequential
amendments, repeals and revocations. The Order also gives effect
in England and Wales to:
(a) Council Directive 89/391/EEC on the introduction of
measures to encourage improvements in the safety and health of
workers at work (O.J. No. L 183, 29.6.89, p. 1) ("the Framework
Directive") (except for provisions on accident reporting
(article 9(1)(c) and (d) and (2)), employment protection rights
(articles 7(2), 8(4) and (5) and 11(4)), and use of personal
protective equipment (article 13(2)(b)));
(b) Council
Directive 91/383/EEC supplementing the measures to encourage
improvements in the safety and health at work of workers with a
fixed-duration employment relationship or a temporary employment
relationship (O.J. No. L 206, 29.7.91, p. 19) ("the Temporary
Workers' Directive") (except for provisions on the
responsibility of host undertakings to temporary workers
(article 8));
(c) article 6 of, together with paragraphs
4 and 5 each of the annexes to, Council Directive 89/654/EEC
concerning the minimum safety and health requirements for the
workplace (O.J. No. L 393, 30.12.89, p. 1) ("the Workplace
Directive");
(d) articles 6 and 7 of Council Directive
94/33/EC (O.J. No. L216, 20.8.94, p.12) on the protection of
young people at work;
(e) Council Directive 98/24/EC on
the protection of the health and safety of workers from the
risks related to chemical agents at work (O.J. No. L 131,
05.05.98, p. 11 ) ("the Chemical Agents Directive");
and
(f) Council Directive 99/92/EC on minimum
requirements for improving the safety and health protection of
workers potentially at risk from explosive atmospheres (O.J. No.
L 23, 28.01.00, p. 57) ("the Explosive Atmospheres
Directive"),
in so far as those provisions relate to general fire
precautions to be taken by employers and in so far as more
specific legislation does not make appropriate
provision.
The Order applies to all non-domestic premises
other than those listed in article 6. The main duty-holder is the
"responsible person" in relation to the premises, defined in
article 3. The duties on the responsible person are extended to
any person who has, to any extent, control of the premises to the
extent of their control (article 5).
Part 2 imposes duties
on the responsible person in relation to fire safety in premises.
Article 23 imposes various duties on employees. Article 24 gives
the Secretary of State power to make further regulations about
fire precautions.
Part 3 provides for enforcement. The
enforcing authority is defined in article 25 and article 26
imposes a duty on the authority to enforce the Order. Articles 27
and 28 set out the powers of inspectors. Articles 29 to 31 provide
for the service of alterations, enforcement and prohibition
notices in certain circumstances.
Part 4 (articles 32 to
36) provides for offences and appeals. Part 5 (articles 37 to 53)
provides for miscellaneous matters including fire-fighters'
switches for luminous tube signs (article 37), maintenance of
measures provided to the ensure the safety of fire-fighters
(article 38), civil liability for breach of statutory duty by an
employer (article 39), special requirements for licensed premises
(article 42) and consultation by other authorities (article
46).
Schedule 1 sets out the matters to be taken into
account in carrying out a risk assessment (Parts 1 and 2), the
general principles to be applied in implementing fire safety
measures (Part 3) and the special measures to be taken in relation
to dangerous substances (Part 4). Schedule 2 amends various
enactments, including amendments to limit the scope for other
public authorities to attach conditions to licences in respect of
fire precautions to be taken in premises and amendments to local
acts to remove reference to fire safety. The remaining amendments
in Schedule 2 and those in 3 are minor or consequential. Schedules
4 and 5 contain repeals and revocations.
A regulatory
impact assessment has been prepared in respect of this Order. A
copy may be obtained from the Office of the Deputy Prime Minister,
Fire Legislation, Safety and Personnel Division, Fire Safety
Legislation Branch, Zone 17C, Portland House, Stag Place, London
SW1E 5LP.
Notes:
[1] A consultation paper "A
consultation document on the reform of fire safety legislation"
was published by the Office of the Deputy Prime Minister in July
2002. Copies may be obtained from the Office of the Deputy Prime
Minister, P.O. Box 236, Wetherby, West Yorkshire, LS23 7NB.back
[2] 2001 c. 6.back
[3] Session 2003-04 HC 684.back
[4] Session 2003-04 HL 153.back
[5] ISBN. 0-7176-2369-6.back
[6] S.I. 2002/1689.back
[7] 1996 c. 56; section 8 was amended by the
Education Act 1997 (c. 44), section 52.back
[8] 1974 c. 37; the meaning of "employee" was
extended by the Police (Health and Safety ) Act 1997 (c. 42),
section 1.back
[9] 2004 c. 21.back
[10] 1980 c. 66.back
[11] 1952 c. 67.back
[12] 1974 c. 37.back
[13] S.I. 1995/738.back
[14] 1994 c. 22.back
[15] 1954 c. 70, extended by the Mines and
Quarries (Tips) Act 1969 (c. 10) and the Mines Management Act 1971
(c. 20); relevant amending instruments are S.I. 1974/2013,
1976/2063 and 1993/1897.back
[16] S.I. 1995/2038.back
[17] OJ No. L23, 28.1.00, p.57.back
[18] 1952 c. 52. Relevant amendments to section
43 are contained in the Criminal Justice Act 1988 (c. 33),
sections 123(6) and 170 and Schedules 8(1) and 15(11), the Crime
and Disorder Act 1998 (c.37), section 119 and Schedule 8(6), the
Powers of Criminal Courts (Sentencing) Act 2000 (c.6), section
165(1) and Schedule 9(5) and the Criminal Justice and Court
Services Act 2000 (c. 43 ), section s59 and 75 and Schedule
8(1).back
[19] 1989 c. 41.back
[20] 1965 c. 57; relevant amending instruments
are S.I. 1974/2056 and 1990/1918.back
[21] S.I. 1996/1592.back
[22] 1964 c.5.back
[23] 1975 c. 52. Section 1 was amended by
section 19(2) of the Fire Safety and Safety of Places of Sports
Act 1987 (c. 27).back
[24] 1987 c. 27.back
[25] 1974 c. 37.back
[26] 1984 c. 55. Section 47 was amended by S.I.
1996/1905.back
[27] 2004 c. 34.back
[28] 1980 c. 43.back
[29] The current regulations are the IEE Wiring
Regulations, version 16 published in June 2001 (as amended by
amendment 1 of 2002 published in February 2002) - BS 7671: 2001
(ISBN 058296 998 0). Copies may be obtained from any of the sales
outlets operated by the British Standards Institute (BSI) or by
post from the BSI at Milton Keynes.back
[30] 2003 c. 17.back
[31] 1982 c. 30.back
[32] 1774 14 Geo 3 c. 78.back
[33] S.I. 1977/500. Regulation 4A was inserted
by S.I. 1992/2051 and amended by S.I. 1997/1840 and 1999/3242.back
[34] S.I. 1996/1513 amended by S.I. 1997/1840
and 1999/3242.back
[35] 1984 c. 55.back
[36] 1974 c. 37.back
[37] See section 18 and the Health and Safety
(Enforcing Authority) Regulations 1998 (S.I. 1998/494).back
[38] S.I.1999/743 amended by the Greater London
Authority Act 1999 (c.29) and S.I.1999/2597 and 2002/2469.back
[39] 1978 c. 30.back
[40] 2003 c. 21.back
[41] 1947 c. 44.back
[42] 1964 c. 5.back
[43] 2001 c. 6.back
[44] See section 4(4) of the Regulatory Reform
Act 2001.back
[45] 1939 c. xcvii. Section 20(2A) and (2C) were
inserted by S.I. 1985/1936 and subsequently amended by S.I.
1986/452.back
[46] O.J. No L216, 20.8.94, p.12.back
[47] 1922 (c. 35). Section 2 was amended by the
Cinemas Act 1985 (c. 13), section 24 and Schedule 2, by S.I.
1992/1811 and 2002/2776 and by the Licensing Act 2003, section
198(1) and paragraph 10 of Schedule 6.back
[48] 1939 c. xcvii. Subsections (1), (2), (2A)
and (2G) were inserted by S.I. 1985/1936 and subsequently amended
by S.I. 1986/452. Section 35 was amended by the Greater London
Council (General Powers) Act 1966 (c. xxviii), section 22(1)(b)
and by S.I. 1986/452 and 1987/798. Sections 36 and 37 were amended
by S.I. 1986/452. Section 133 was amended by S.I. 1985/1936.back
[49] 1951 (c. 35). Section 1 was amended by the
Local Government Act 1974 (c. 7), sections 35 and 42 and Schedules
6 and 8.back
[50] 1957 c. xxxvii.back
[51] 1960 (c. 62).back
[52] 1961 (c. 64).Section 75 was amended by the
Local Government (Miscellaneous Provisions) Act 1976 (c. 57),
section 22.back
[53] 1968 (c. 65). Relevant amendments to
section 43(9) and Schedule 2 were made by the Gaming (Amendment)
Act 1990 (c. 26), section 1 and the Schedule and by the Fire and
Rescue Services Act 2004 (c. 21), section 53 and paragraph 24 of
Schedule 1.back
[54] 1971 (c. 40).back
[55] 1974 (c. 37). Section 23(4) was amended by
the Fire and Rescue Services Act 2004 (c. 21), section 53(1) and
paragraph 44 of Schedule 1.back
[56] 1975 c. 52. Relevant amendments were made
by the Fire Safety and Safety of Places of Sport Act 1987 (c. 27),
Part 2 and Schedule 2, the Local Government Act 1985 (c. 51),
section 16 and Schedule 8 and by the Local Government (Wales) Act
1994 (c. 19), section 66 and Schedule 16.back
[57] 1975 (c. xxx).back
[58] 1976 (c. xxxv).back
[59] 1977 (c. 42).back
[60] 1980 (c. x).back
[61] 1980 (c. xi).back
[62] 1980 (c. xiii).back
[63] 1980 (c. xiv).back
[64] 1980 (c. xv).back
[65] 1980 (c. xxxvii).back
[66] 1980 (c. xliii).back
[67] 1981 (c. 37). Section 3 was amended by the
Local Government Act 1985 (c. 51), section 102 and Schedule 17, by
the Local Government (Wales) Act 1994 (c. 19), section 66 and
Schedule 16 and by the Fire and Rescue Services Act 2004 (c. 21),
section 53(1) and paragraph 51 of Schedule 1.back
[68] 1981 (c. ix).back
[69] 1981 (c. xviii).back
[70] 1981 (c. xxxiv).back
[71] 1981 (c. xxv).back
[72] 1982 (c. 30). Sections 9 and 10 were
amended by the Fire and Rescue Services Act 2004 (c. 21), section
53(1) and paragraph 54 of Schedule 1. Schedule 3 was amended by
the Licensing Act 2003 (c. 17), section 198 and paragraph 85 of
Schedule 6 from a date to be appointed, and by the Greater London
Council (General Powers) Act 1986 (c. iv), section 12.back
[73] 1982 (c. iii).back
[74] 1982 (c. iv).back
[75] 1982 (c. xv).back
[76] 1983 (c. v).back
[77] 1983 (c. xviii).back
[78] 1984 (c. 30). Section 60(d) was added by
the Food Safety Act 1990 (c. 16), section 52(a) and paragraphs 1
and 10 of Schedule 2. Sections 60 and 61 were amended by the Fire
and Rescue Services Act 2004 (c. 21), section 53 and paragraph 56
of Schedule 1.back
[79] 1984 (c. 55). Relevant amendments were made
by the Fire and Rescue Services Act 2004 (c. 21), section 53 and
paragraph 57 of Schedule 1.back
[80] Section 51B was inserted by S.I.
1996/1905.back
[81] Section 81(1)(a) was amended by the Housing
and Planning Act 1986 (c. 63), section 24 and paragraph 11 of
Schedule 5 and by the Housing (Consequential Provisions) Act 1985
(c. 71), section 4 and paragraph 58 of Schedule 2.back
[82] 1984 (c. xxi).back
[83] 1984 (xix).back
[84] 1985 (c. v).back
[85] 1985 (c. xvii).back
[86] 1985 (c. xliv).back
[87] 1985 (c. xliii).back
[88] 1986 (c. i).back
[89] 1986 (c. ii).back
[90] 1987 (c. 27). Relevant amendments were made
by the Local Government (Wales) Act 1994 (c. 19), section 66 and
Schedule 16 and by the Fire and Rescue Services Act 2004, section
53 and paragraph 63 of Schedule 1.back
[91] Section 33 was amended by the Licensing Act
2003 (c. 17), section 198 and paragraph 106 of Schedule 6.back
[92] 1987 (c. iv).back
[93] 1987 (c. viii).back
[94] 1987 (c. xxiv).back
[95] 1988 (c. 30).back
[96] 1991 (c. 37).back
[97] 1995 (c. x). The definition of "fire
authority" was substituted by the Greater London Authority Act
1999 (c. 29), section 328 and Schedule 29. Further amendments were
made by the Fire and Rescue Services Act 2004 (c. 21), section 53
and paragraph 86 of Schedule 1.back
[98] 2001 (c. 2). Relevant amendments were made
by the Fire and Rescue Services Act 2004 (c. 21), section 53 and
paragraph 96 of Schedule 1.back
[99] 2003 (c.17)back
[100] S.I. 1987/37. Relevant amendments were
made by S.I. 2004/3168.back
[101] S.I. 1995/510. Relevant amendments were
made by S.I. 2004/3168.back
[102] S.I. 1996/1592.back
[103] S.I. 1997/230.back
[104] S.I. 1998/494 to which there are
amendments not relevant to this Order.back
[105] S.I. 2000/2531 to which there are
amendments not relevant to this Order.back
[106] S.I. 2000/2532; relevant amendments were
made by S.I. 2004/3168.back
[107] S.I. 2001/3965; relevant amendments were
made by S.I. 2004/3168.back
[108] S.I. 2001/3967; relevant amendments were
made by S.I. 2004/3168.back
[109] S.I. 2001/3968; relevant amendments were
made by S.I. 2004/3168.back
[110] S.I. 2002/324 (W. 37) to which there are
amendments not relevant to this Order.back
[111] S.I. 2002/325 (W. 38).back
[112] S.I. 2002/327 (W. 40).back
[113] S.I. 2002/812 (W. 92) to which there are
amendments not relevant to this Order.back
[114] S.I. 2002/3213; relevant amendments were
made by S.I. 2004/3168.back
[115] S.I. 2003/781 (W. 92).back
ISBN 0 11 072945 5