| |
Statutory Instrument 1997 No. 1840
The Fire Precautions (Workplace) Regulations
1997
© Crown Copyright 1997
Statutory Instruments printed from this website are printed under
the superintendence and authority of the Controller of HMSO being the
Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown
Copyright protection. It may be reproduced free of charge provided
that it is reproduced accurately and that the source and copyright
status of the material is made evident to users.
It should be noted that the right to reproduce the text of
Statutory Instruments does not extend to the Queen's Printer imprints
which should be removed from any copies of the Statutory Instrument
which are issued or made available to the public. This includes
reproduction of the Statutory Instrument on the Internet and on
intranet sites. The Royal Arms may be reproduced only where they are
an integral part of the original document.
The text of this Internet version of the Statutory Instrument which
is published by the Queen's Printer of Acts of Parliament has been
prepared to reflect the text as it was Made. A print version is also
available and is published by The Stationery Office Limited as the
The Fire Precautions (Workplace) Regulations 1997 , ISBN 0 11
064738 6. The print version may be purchased by clicking here.
Braille copies of this Statutory Instrument can also be purchased at
the same price as the print edition by contacting TSO Customer
Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this
website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have
been segmented into "chunks". Where you see a "continue" button at the
bottom of the page of text, this indicates that there is another chunk
of text available.
STATUTORY INSTRUMENTS
1997 No. 1840
FIRE PRECAUTIONS
HEALTH AND SAFETY
The Fire Precautions (Workplace) Regulations
1997
| |
Made |
28th July 1997 |
|
| |
Laid before Parliament |
29th July 1997 |
|
| |
Coming into force |
1st December 1997 |
|
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY
PART II
FIRE PRECAUTIONS IN THE WORKPLACE
PART III
AMENDMENT OF THE MANAGEMENT OF HEALTH AND SAFETY AT WORK
REGULATIONS 1992
PART IV
ENFORCEMENT AND OFFENCES
PART V
FURTHER, CONSEQUENTIAL AND MISCELLANEOUS
PROVISIONS
The
Secretary of State, being designated[1] for the
purposes of section 2(2) of the European Communities Act 1972[2]
in relation to measures relating to the minimum health and safety
requirements for the workplace that relate to fire safety, in exercise of
the powers conferred by that section and by sections 35, 40(8) and
43(1)[3] of the Fire
Precautions Act 1971[4] and of all
other powers enabling him in that behalf, hereby makes the following
Regulations:
PART I
PRELIMINARY
Citation, commencement and
extent
1.
- (1) These Regulations may be cited as the Fire Precautions
(Workplace) Regulations 1997 and shall come into force on 1st December
1997.
(2) These Regulations extend to Great
Britain.
Interpretation
2. - (1) In these Regulations, unless the context
otherwise requires -
"the 1971 Act" means the Fire Precautions Act 1971;
"the 1974 Act" means the Health and Safety at Work etc. Act 1974[5];
"the 1992 Management Regulations" means the Management of Health and
Safety at Work Regulations 1992[6];
"domestic premises" has the meaning given to it by section 53(1) of
the 1974 Act;
"employee" means a person who is or is treated as an employee for
the purposes of the 1992 Management Regulations;
"employer" means a person who is or is treated as an employer for
the purposes of the 1992 Management Regulations;
"enforcement notice" has the meaning given to it by regulation
13(1);
"excepted workplace" has the meaning given to it by regulation
3(5);
"fire authority" means an authority discharging the functions of
fire authority under the Fire Services Act 1947[7];
"premises" includes any place and, in particular,
includes -
(a) any vehicle, vessel, aircraft or hovercraft;
(b) any
installation on land (including the foreshore and other land
intermittently covered by water), any offshore installation, and any
other installation (whether floating, or resting on the seabed or the
subsoil thereof, or resting on other land covered with water or the
subsoil thereof), and
(c) any tent or movable
structure;
"public road" means (in England and Wales) a highway maintainable at
public expense within the meaning of section 329 of the Highways Act
1980[8] and (in
Scotland) a public road within the meaning of section 151 of the Roads
(Scotland) Act 1984[9];
"workplace" means any premises or part of premises, not being
domestic premises, used for the purposes of an employer's undertaking
and which are made available to an employee of the employer as a place
of work and includes -
(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,[a]
other than a public road; and
"the workplace fire precautions legislation" has the meaning given
to it by regulation 9(2).
(2) Unless the context otherwise requires, any
reference in these Regulations to -
(a) a numbered regulation is a reference to the regulation in these
Regulations so numbered;
(b) a numbered paragraph is a reference
to the paragraph in the regulation in which the reference appears;
and
(c) a numbered sub-paragraph is a reference to the
sub-paragraph in the paragraph in which the reference
appears.
PART II
FIRE PRECAUTIONS IN THE WORKPLACE
Application of
Part II
3.
- (1) Every employer shall ensure that he complies with the
requirements of this Part of these Regulations in respect of every
workplace, other than an excepted workplace, which is to any extent under
his control, so far as the requirements relate to matters within his
control.
(2) Every person who has, to any
extent, control of a workplace, other than an excepted workplace, shall
ensure that, so far as relates to matters within his control, the
workplace complies with any applicable requirement of this Part of these
Regulations.
(3) 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 workplace; or
(b) the
safety of any workplace,
that person shall be treated, for the purposes of paragraph (2), as
being a person who has control of the workplace to the extent that his
obligation so extends.
(4) Any reference in
this regulation to a person having control of any workplace is a reference
to a person having control of the workplace in connection with the
carrying on by him of a trade, business or other undertaking (whether for
profit or not).
(5) For the purposes of
these Regulations, an "excepted workplace" is -
(a) any workplace to the extent that it comprises premises for which
a fire certificate is in force or for which an application for a fire
certificate is pending under the 1971 Act (other than a fire certificate
deemed to have been issued under that Act by virtue of paragraph 2 of
Schedule 8 to the 1974 Act);
(b) any workplace to the extent that
it comprises premises -
(i) in respect of which there is in force a safety certificate
under the Safety of Sports Grounds Act 1975[10] or
under Part III of the Fire Safety and Safety of Places of Sport Act
1987[11];
and
(ii) which are in use for the activity or activities
specified in the certificate;
(c) any workplace to the extent that it comprises premises to which
the Fire Precautions (Sub-surface Railway Stations) Regulations 1989[12]
apply;
(d) 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[13] and to
which those Regulations apply;
(e) any workplace which is or is
in or on a ship within the meaning of regulation 2(1) of the Docks
Regulations 1988[14],
including any such ship which is in the course of construction or
repair;
(f) any workplace to the extent that it comprises
premises to which the Fire Certificates[b] (Special
Premises) Regulations 1976[15]
apply;
(g) any workplace which is deemed to form part of a mine
for the purposes of the Mines and Quarries Act 1954[16];
(h)
any workplace which is or is in or on an offshore installation within
the meaning of regulation 3 of the Offshore Installations and Pipelines
Works (Management and Administration) Regulations 1995[17];
(i)
any workplace which is or is in or on 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[18] or a
vehicle exempted from duty under that Act; and
(j) any workplace
which is in 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.
(6) The requirements of this Part of these
Regulations shall not have effect to the extent that they would
prevent -
(a) any member of the armed forces of the Crown or of any visiting
force (within the meaning of regulation 19);
(b) any constable or
any member of a police force not being a constable; or
(c) any
member of any emergency service,
from carrying out their duties.
(7)
Without prejudice to paragraph (6), regulation 5(2)(f) shall not apply to
any premises falling within the scope of section 40(2)(a) or (b) of the
1971 Act (prisons) or any part of any other premises used for keeping
persons in lawful custody or detention.
(8)
Where paragraph (6) or (7) applies, the safety of employees in case of
fire shall nevertheless be ensured so far as is
possible.
Fire-fighting and fire
detection
4.
- (1) Where necessary (whether due to the features of a
workplace, the activity carried on there, any hazard present there or any
other relevant circumstances) in order to safeguard the safety of
employees in case of fire -
(a) a workplace shall, to the extent that is appropriate, be
equipped with appropriate fire-fighting equipment and with fire
detectors and alarms; and
(b) any non-automatic fire-fighting
equipment so provided shall be easily accessible, simple to use and
indicated by signs[19],
and for the purposes of sub-paragraph (a) what is appropriate is to be
determined by the dimensions and use of the building housing the
workplace, the equipment it contains, the physical and chemical properties
of the substances likely to be present and the maximum number of people
that may be present at any one time.
(2) An
employer shall, where necessary in order to safeguard the safety of his
employees in case of fire -
(a) take measures for fire-fighting in the workplace, adapted to the
nature of the activities carried on there and the size of his
undertaking and of the workplace concerned and taking into account
persons other than his employees who may be present;
(b) nominate
employees to implement those measures and ensure that the number of such
employees, their training and the equipment available to them are
adequate, taking into account the size of, and the specific hazards
involved in, the workplace concerned; and
(c) arrange any
necessary contacts with external emergency services, particularly as
regards rescue work and fire-fighting.
Emergency routes and exits
5. - (1) Where necessary in order to safeguard the
safety of employees in case of fire, routes to emergency exits from a
workplace and the exits themselves shall be kept clear at all
times.
(2) The following requirements must
be complied with in respect of a workplace where necessary (whether due to
the features of the workplace, the activity carried on there, any hazard
present there or any other relevant circumstances) in order to safeguard
the safety of employees in case of fire -
(a) emergency routes and exits shall lead as directly as possible to
a place of safety;
(b) in the event of danger, it must be
possible for employees to evacuate the workplace quickly and as safely
as possible;
(c) the number, distribution and dimensions of
emergency routes and exits shall be adequate having regard to the use,
equipment and dimensions of the workplace and the maximum number of
persons that may be present there at any one time;
(d) emergency
doors shall open in the direction of escape;
(e) sliding or
revolving doors shall not be used for exits specifically intended as
emergency exits;
(f) emergency doors shall 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[20];
and
(h) emergency routes and exits requiring illumination shall
be provided with emergency lighting of adequate intensity in the case of
failure of their normal lighting.
Maintenance
6.
Where necessary in order to safeguard the safety of employees in case of
fire, the workplace and any equipment and devices provided in respect of
the workplace under regulations 4 and 5 shall be subject to a suitable
system of maintenance and be maintained in an efficient state, in
efficient working order and in good repair.
PART III
AMENDMENT OF THE MANAGEMENT OF HEALTH AND SAFETY AT WORK
REGULATIONS 1992
Amendment of the 1992 Management
Regulations: general provisions
7. Subject to regulation 9, the provisions of the 1992
Management Regulations amended by this Part of these Regulations shall
continue to be regarded (if they would not otherwise continue to be so
regarded) as provisions of health and safety regulations within the
meaning of the 1974 Act[21].
Amendment
of the 1992 Management Regulations
8. - (1) The words "and by Part II of the Fire
Precautions (Workplace) Regulations 1997" shall be inserted into the
following provisions of the 1992 Management Regulations, as
follows -
(a) in regulation 1(2) (interpretation), at the end of the
definition of "the preventive and protective measures";
(b) in
regulation 3 (risk assessment), at the end of paragraph (1);
(c)
in regulation 6 (health and safety assistance), at the end of paragraph
(1);
(d) in regulation 9 (co-operation and co-ordination), in
paragraph (1)(a) after the words "the relevant statutory provisions";
and
(e) in regulation 10 (persons working in host employers'
undertakings), in paragraph (1)(b) after the words "the relevant
statutory provisions".
(2) In regulation 8(1) of the 1992 Management
Regulations (information for employees)[22] -
(a) the words "and the measures referred to in regulation 4(2)(a) of
the Fire Precautions (Workplace) Regulations 1997" shall be inserted at
the end of sub-paragraph (c); and
(b) the words "and regulation
4(2)(b) of the Fire Precautions (Workplace) Regulations 1997" shall be
inserted at the end of sub-paragraph (d).
(3) In regulation 9 of the 1992 Management
Regulations (co-operation and co-ordination), the following shall be
substituted for paragraph (1)(b) -
" (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 upon him by or under the
relevant statutory provisions and by Part II of the Fire Precautions
(Workplace) Regulations 1997 with the measures the other employers
concerned are taking to comply with the requirements and prohibitions
imposed upon them by that legislation;".
(4) The words "(except in so far as it refers
to Part II of the Fire Precautions (Workplace) Regulations 1997)" shall be
inserted after the words "Paragraph (1)" in regulations 9(2) and 10(2) of
the 1992 Management Regulations.
PART IV
ENFORCEMENT AND OFFENCES
Disapplication of the 1974
Act
9. - (1)
For the purposes of sections 16 to 24, 26, 28, 33 to 40, 42, 46 and 47 of
the 1974 Act, the provisions of the workplace fire precautions legislation
shall be deemed (to the extent they would otherwise be so regarded) not to
be provisions of health and safety regulations or provisions forming part
of the relevant statutory provisions.
(2)
In these Regulations "the workplace fire precautions legislation"
means -
(a) Part II of these Regulations; and
(b) regulations 1 to 4,
6 to 10 and 11(2) and (3) of the 1992 Management Regulations (as amended
by Part III of these Regulations), in so far as those
regulations -
(i) impose requirements concerning general fire precautions to be
taken or observed by an employer; and
(ii) have effect in
relation to a workplace in Great Britain other than an excepted
workplace,
and for this purpose "general fire precautions" means measures which
are to be taken or observed in relation to the risk to the safety of
employees in case of fire in a workplace, other than any special
precautions in connection with the carrying on of any manufacturing
process.
(3) In this regulation "health and safety
regulations" and "the relevant statutory provisions" have the meanings
given to them by the 1974 Act[23].
Enforcement
10. - (1) It shall be the duty of every fire
authority to enforce within their area the workplace fire precautions
legislation.
(2) A fire authority may
perform their functions under these Regulations through inspectors
appointed by them pursuant to section 18(1) of the 1971
Act.
(3) Subject to paragraph (4), where
such an inspector, or an officer of a fire brigade acting under section 20
of the 1971 Act as applied by regulation 17, expresses to a relevant
person any opinion to the effect that that person or (as the case may be)
his employer or principal is in breach of the workplace fire precautions
legislation in respect of any workplace, then, if that person requests
that such an opinion be put in writing, the inspector or (as the case may
be) officer shall, as soon as practicable, give to that person or (where
the opinion concerns his employer or principal) his employer or principal
a written opinion which explains -
(a) the breach of the workplace fire precautions legislation;
and
(b) what action could be taken to remedy it.
(4) No written opinion need be given under
paragraph (3) if a written notice of intent under regulation 13(3) or
16(2), or an enforcement notice under regulation 13(1), is issued in
respect of the relevant breach.
(5) For the
purposes of paragraph (3), a "relevant person" is -
(a) an employer who has, by virtue of regulation 3(1), obligations
in respect of the workplace in question under Part II of these
Regulations;
(b) an employee given responsibility for fire safety
matters in the workplace in question by such an employer;
(c) a
person who has, by virtue of regulation 3(2), obligations in respect of
the workplace in question under Part II of these Regulations;
and
(d) any person who is an employee or agent of such a person
as is referred to in sub-paragraph (c).
(6) In sections 24 and 33(1) of the Fire
Services Act 1947 (which authorise the appointment of inspectors and the
holding of inquiries for obtaining information as to the performance by
fire authorities of their functions under that Act) the references to that
Act shall be read as including references to these
Regulations.
(7) Nothing in this regulation
shall be taken to authorise a fire authority in Scotland to institute
proceedings for any offence.
Serious cases:
offence
11.
- (1) A person shall be guilty of an offence
if -
(a) being under a requirement to do so, he fails to comply with any
provision of the workplace fire precautions legislation;
(b) that
failure places one or more employees at serious risk in case of fire;
and
(c) that failure is intentional or is due to his being
reckless as to whether he complies or not,
and for this purpose "at serious risk" means being subject to a risk of
death or serious injury which is likely to
materialise.
(2) Any person guilty of an
offence under this regulation shall be 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 both.
(3) A person is not guilty of an offence under
this regulation in respect of any failure to comply with the workplace
fire precautions legislation which is the subject of an enforcement
notice.
Serious cases: prohibition
notices
12.
- (1) Sections 10 to 10B of the 1971 Act[24] (special
procedure in case of serious risk: prohibition notices) shall apply
to -
(a) tents and other movable structures; and
(b) places of
work in the open air,
which are relevant workplaces.
(2) For
the purposes of paragraph (1), a relevant workplace is a workplace other
than an excepted workplace.
Serious cases: enforcement
notices
13.
- (1) Where a fire authority are of the opinion
that -
(a) a person, being under an obligation to do so, has failed to
comply with any provision of the workplace fire precautions legislation
in respect of a workplace, or employees who work in a workplace,
situated in the area for which they perform the functions of fire
authority; and
(b) the failure places one or more employees at
serious risk (within the meaning of regulation 11(1)) in the case of
fire,
the authority may serve on that person a notice (in these Regulations
referred to as "an enforcement notice") which -
(i) states that they are of that opinion and why;
(ii)
specifies what steps they consider are necessary to remedy that
failure;
(iii) requires that person to take steps to remedy the
failure within such period from the date of service of the notice (not
being less than 21 days) as may be specified in the notice;
and
(iv) explains how, where, within what period and on what
grounds an appeal may be brought against the enforcement notice and
that the bringing of the appeal does not have the effect of suspending
the operation of the notice, unless, on application, the court so
directs.
(2) Where a fire authority are of the opinion
that a person's failure to comply with the workplace fire precautions
legislation also extends to a workplace, or employees who work in a
workplace, situated outside the area for which they perform the functions
of fire 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 authority shall consult the
fire authority for the area in which the workplace is
situated.
(3) Unless the risk to employees
in case of fire is so serious that the service of an enforcement notice
cannot be delayed, a fire authority shall, before serving an enforcement
notice on a person -
(a) give him a written notice of intent stating -
(i) that the authority are proposing to serve the enforcement
notice and the reasons why they are proposing to serve it;
(ii)
what steps they consider are necessary to remedy his failure to comply
with the workplace fire precautions legislation;
(iii) (where
the authority propose to serve an enforcement notice which requires
any alteration to a building) whether the authority have consulted or
are consulting any person under paragraph (5) and, if so, the identity
of that person and the reason for the consultation; and
(iv)
that he may, within a period specified in the notice of intent, make
written representations to the authority or, if he so requests, make
oral representations to a person nominated by the
authority;
(b) afford him an opportunity to make representations in accordance
with the notice of intent (where he so requests making and giving effect
to arrangements for him to make oral representations); and
(c)
consider any representations which are duly made and not
withdrawn.
(4) Where, having considered any
representations made by a person under paragraph (3), the authority decide
to serve an enforcement notice on him, they shall give him a written
statement of the reasons for their decision (which may be provided as part
of the enforcement notice or as a separate
document).
(5) Before serving an
enforcement notice which would oblige a person to make an alteration to a
building, the fire authority shall consult -
(a) such persons as they would have been required to consult under
section 17 of the 1971 Act (duty of fire authorities to consult other
authorities before requiring alterations to buildings) if the proposed
enforcement notice had been an improvement notice proposed to be issued
under section 9D of that Act[25];
and
(b) any other person whose consent to the alteration would be
required by or under any enactment.
(6) Where an enforcement notice has been
served -
(a) the fire 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 fire authority may extend
or further extend the period specified in the notice.
(7) Where a fire authority are of the opinion
that the risk to employees in case of fire is so serious that the service
of an enforcement notice on a person cannot be delayed and accordingly do
not serve a written notice of intent on him under paragraph (3), they
shall, as soon as practicable, give to him a written statement of their
reasons for being of that opinion (which may be provided as part of the
enforcement notice or as a separate
document).
(8) Without prejudice to the
power of the court to cancel or modify an enforcement notice under
regulation 14, no failure on the part of a fire authority
to -
(a) issue a written notice of intent or receive or consider
representations under paragraph (3);
(b) give reasons under
paragraph (4) or (7);
(c) consult under paragraph (2) or (5);
or
(d) give a written opinion under regulation 10(3),
shall make an enforcement notice void.
Enforcement notices:
rights of appeal
14.
- (1) A person on whom an enforcement notice is served may,
within 21 days from the day on which the enforcement notice is served,
appeal to the court.
(2) Subject to
paragraph (3), on an appeal under this regulation the court may either
cancel or affirm the enforcement 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 a
fire authority have served an enforcement notice on a person without
having first given him an opportunity to make representations under
regulation 13(3), the court shall cancel the enforcement notice if it is
of the view that -
(a) no reasonable fire authority could have concluded that the risk
to employees in case of fire was so serious that the issuing of an
enforcement notice could not be delayed; and
(b) the person on
whom the notice has been served has been materially prejudiced by the
failure to afford him the opportunity to make
representations.
(4) Where an appeal is brought under this
regulation against an enforcement notice, the bringing of the appeal shall
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
regulation "the court" means -
(a) in England and Wales, a magistrates' court acting for the petty
sessions area in which any relevant workplace is situated;
and
(b) in Scotland, the sheriff within whose jurisdiction any
relevant workplace is situated,
and for this purpose a "relevant workplace" is a workplace in respect
of which the enforcement notice was served, other than a workplace covered
by the notice by virtue of regulation
13(2).
(6) An appeal to the sheriff under
this regulation shall be by summary application.
Enforcement
notices: offence
15.
- (1) It is an offence for a person to contravene any
requirement imposed by an enforcement
notice.
(2) Any person guilty of an offence
under paragraph (1) shall be 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 both.
(3) In any proceedings for an offence under
this regulation it shall be a defence for the person charged to prove that
he took all reasonable precautions and exercised all due diligence to
avoid the commission of the offence.
Enforcement
orders
16.
- (1) Where -
(a) it appears to a fire authority that a person has failed to
comply with any requirement imposed on him by the workplace fire
precautions legislation in respect of a workplace, or employees who work
in a workplace, situated in the area for which they perform the
functions of fire authority; and
(b) the court is satisfied, on
the application of the fire authority, that that person is obliged to
take any action in order to comply with the requirement, either in
respect of such a workplace or such a workplace and other
workplaces,
the court may, subject to paragraph (7), order that person to take that
action.
(2) Before making an application to
the court under this regulation, a fire authority
shall -
(a) give the person against whom they are proposing to proceed a
written notice of intent stating -
(i) that the authority are proposing to make the application and
the reasons why they are proposing to do so;
(ii) what steps
they consider are necessary to remedy his failure to comply with the
workplace fire precautions legislation;
(iii) (where the
authority propose to seek an enforcement order which requires any
alteration to a building) whether the authority have consulted or are
consulting any person under paragraph (5) and, if so, the identity of
that person and the reason for the consultation; and
(iv) that
he may, within a period specified in the notice of intent, make
written representations to the authority or, if he so requests, make
oral representations to a person nominated by the
authority;
(b) afford that person an opportunity to make representations in
accordance with the notice of intent (where he so requests making and
giving effect to arrangements for him to make oral representations);
and
(c) consider any representations which are duly made and not
withdrawn.
(3) Where, having considered any
representations made under paragraph (2), the authority decide to apply
for an enforcement order against a person, they shall give him a written
statement of the reasons for their
decision.
(4) Where a fire authority have
served a written notice of intent under regulation 13(3) and have received
representations made in response to that notice by the person concerned
but consider, in the light of those representations or for any other
reason, that it is appropriate to proceed by way of an application for an
enforcement order rather than by way of an enforcement notice, the
authority need not serve a written notice of intent under paragraph
(2).
(5) Before making any application to
the court for an enforcement order which would oblige a person to make an
alteration to a building, the fire authority shall
consult -
(a) such persons as they would have been required to consult under
section 17 of the 1971 Act (duty of fire authorities to consult other
authorities before requiring alterations to buildings) if, instead of
intending to apply for an enforcement order, they had been proposing to
issue an improvement notice under section 9D of that Act; and
(b)
any other person whose consent to the alteration would be required by or
under any enactment.
(6) No failure on the part of a fire authority
to -
(a) issue a written notice of intent or receive or consider
representations under paragraph (2);
(b) give reasons under
paragraph (3);
(c) consult under paragraph (5); or
(d)
give a written opinion under regulation 10(3),
shall make an application under this regulation
void.
(7) Where a fire authority have made
an application to the court under this regulation without having first
given the person proceeded against an opportunity to make representations,
either under paragraph (2) or regulation 13(3), the court shall reject the
application if it is of the view that that person has been materially
prejudiced by the failure.
(8) In this
regulation "the court" means:
(a) in England and Wales, a county court; and
(b) in
Scotland, the sheriff.
(9) An application to the sheriff under this
regulation shall be by summary application.
PART V
FURTHER, CONSEQUENTIAL AND MISCELLANEOUS
PROVISIONS
Application of the 1971
Act
17. - (1)
Subject to paragraph (3), the sections of the 1971 Act[26] listed in
paragraph (2) shall have effect in relation to these Regulations as
if -
(a) the requirements of the workplace fire precautions legislation
were requirements of regulations made under section 12 of that Act;
and
(b) any reference (however expressed) in those sections
to -
(i) "premises" included a reference to a workplace, other than an
excepted workplace;
(ii) premises to which regulations made
under section 12 of that Act apply included a reference to a workplace
in connection with which obligations are imposed by the workplace fire
precautions legislation;
(iii) an "owner" or "occupier" of
premises included a reference to an employer or other person on whom
obligations are imposed under the workplace fire precautions
legislation in respect of a workplace; and
(iv) the 1971 Act
included a reference to the workplace fire precautions
legislation.
(2) The sections of the 1971 Act referred to in
paragraph (1) are -
| 16 |
(duty of local authority to consult fire authority in certain
cases before passing plans); |
| 19 |
(powers of inspectors); |
| 20 |
(exercise on behalf of fire inspectors of their powers by
officers of fire brigades); |
| 21 |
(restrictions on disclosure of information); |
| 22(1) |
(falsification of documents, false statements etc.); |
| 23 |
(offences by bodies corporate); |
| 25 |
(defence available to persons charged with offences); |
| 26 |
(appeals to magistrates' courts); |
| 27 |
(appeal from order made on complaint); |
| 27A |
(civil and other liability); |
| 30 |
(provisions as to sections 59 and 60 of Public Health Act 1936
and certain similar enactments); |
| 32 |
(provision for securing exercise of local Act powers in
conformity with the 1971 Act); |
| 38 |
(service of documents); and |
| 43 |
(interpretation). |
(3)
The following sections of the 1971 Act referred to in paragraph (2) shall
have effect for the purposes of these Regulations with the following
modifications -
(a) section 16 shall have effect as if the references therein to "a
designated use" included a reference to use as a workplace to which Part
II of these Regulations applies;
(b) section 22(1) shall have
effect as if paragraphs (a) and (b) were omitted;
(c) section 25
shall only have effect in connection with sections 21 and 22(1) of the
1971 Act as applied by this regulation; and
(d) section 43 shall
have effect only for the purposes of the provisions of the 1971 Act
applied by this regulation.
(4) A fire certificate deemed to have been
issued under the 1971 Act by virtue of paragraph 2 of Schedule 8 to the
1974 Act shall not have effect to the extent that it would require a
person to contravene any provision of the workplace fire precautions
legislation; and the fire authority may amend the certificate to the
extent necessary to prevent the certificate requiring such
contravention.
(5) Where an amendment under
paragraph (4) is made on the application of any person affected by the
certificate and is confined to requirements of the kind referred to in
section 6(1) of the 1971 Act, the applicant shall pay to the authority
such fee as the authority may determine, not exceeding an amount which
represents the cost to the authority of the work reasonably done by them
for the purposes of the amendment of the certificate (other than the cost
of any inspection of the premises).
Application to the
Crown
18.
- (1) Subject to paragraphs (2) to (7), these Regulations,
other than regulations 10, 11 and 13 to 16, shall bind the
Crown.
(2) Section 10 of the 1971 Act, to
the extent it is extended by regulation 12, shall only bind the Crown in
so far as it applies to premises and workplaces owned by the Crown but not
occupied by it.
(3) Regulation 17 shall
only bind the Crown to the extent that it applies sections 19, 21 and 32
of the 1971 Act and then only in so far as those sections apply to
premises and workplaces owned by the Crown but not occupied by
it.
(4) To the extent that they apply to
the Crown, these Regulations, together with any provision of the 1971 Act
applied by these Regulations, shall have effect with the substitution, for
any reference to a fire authority, of -
(a) in the case of workplaces occupied solely for the purposes of
the armed forces of the Crown, a reference to the fire service
maintained by the Secretary of State for Defence; and
(b) in any
other case, a reference to a fire inspector or any person authorised by
the Secretary of State to act for the purposes of this
regulation.
(5) Any power exercisable by virtue of
paragraph (4) by a fire inspector shall be exercisable also by any person
if and so far as he is authorised in writing by such an inspector to
exercise that power; but a fire inspector shall not authorise an officer
of a fire brigade under this paragraph except with the consent of the fire
authority who maintain that brigade.
(6) In
this regulation "fire inspector" means an inspector or assistant inspector
appointed under section 24 of the Fire Services Act
1947.
(7) Nothing in these Regulations
shall be taken to authorise the entry of any premises occupied by the
Crown.
Application to visiting forces,
etc.
19.
- (1) These Regulations shall apply to a visiting force or an
international headquarters or defence organisation designated for the
purposes of the International Headquarters and Defence Organisations Act
1964[27] -
(a) only to the extent that they apply to the Crown; and
(b)
with the substitution, for any reference in these Regulations (and in
any provision of the 1971 Act applied by these Regulations) to a fire
authority, of a reference to the fire service maintained by the
Secretary of State for Defence.
(2) In paragraph (1) "visiting force" means any
such body, contingent or detachment of the forces of any country as is a
visiting force for the purposes of any of the provisions of the Visiting
Forces Act 1952[28].
Application
to premises occupied by the UK Atomic Energy
Authority
20. Regulation
10 and section 30 of the 1971 Act as applied by regulation 17 shall not
apply to any workplace over which the United Kingdom Atomic Energy
Authority has control; and in the application of the remaining provisions
of these Regulations to such a workplace -
(a) for any reference to a fire authority in these Regulations (and
in any provision of the 1971 Act applied by these Regulations) there
shall be substituted a reference to a fire inspector (within the meaning
of regulation 18(6)) or any person authorised by the Secretary of State
to act for the purposes of this regulation; and
(b) for the
reference in section 20(1) of the 1971 Act as applied by regulation 17
to an officer of the fire brigade maintained by the fire authority there
shall be substituted a reference to any person.
Employee consultation
21. - (1) The Safety Representatives and Safety
Committees Regulations 1977[29] shall be
amended by the insertion of the words "or regulation 4(2)(b) of the Fire
Precautions (Workplace) Regulations 1997" at the end of regulation
4A(1)(b).
(2) The Health and Safety
(Consultation with Employees) Regulations 1996[30] shall be
amended by the insertion of the words "or regulation 4(2)(b) of the Fire
Precautions (Workplace) Regulations 1997" at the end of regulation
3(b).
(3) The provisions of the Safety
Representatives and Safety Committees Regulations 1977 amended by this
regulation shall continue to be regarded (to the extent that they would
otherwise be so regarded) as provisions of health and safety regulations
within the meaning of the 1974 Act.
Disapplication of section 9A
of the 1971 Act
22. In
section 9A of the 1971 Act (duty as to means of escape and for fighting
fire) there shall be inserted, at the end of subsection (2), the words
"but this section does not apply where Part II of the Fire Precautions
(Workplace) Regulations 1997 applies".
George
Howarth
Parliamentary Under-Secretary of State
Home
Office
28th July 1997
EXPLANATORY NOTE
(This note is not
part of the Regulations)
These Regulations ("the
Regulations") give effect in Great Britain to:
(a) article 8(1) and (2) of Council Directive 89/391/EEC on the
introduction of measures to encourage improvements in the safety and
health of workers at work (OJ No. L 183, 29.6.89, p. 1) ("the Framework
Directive"); and
(b) article 6 of, together with paragraphs 4 and
5 of each of the annexes to, Council Directive 89/654/EEC concerning the
minimum safety and health requirements for the workplace (OJ No. L 393,
30.12.89, p. 1) ("the Workplace Directive"),
in so far as those provisions relate to fire precautions and in so far
as more specific legislation does not make appropriate provision. In this
note, those provisions, in so far as they relate to fire precautions, are
referred to as "the substantive provisions".
The Regulations also
give effect to certain other articles of the Framework Directive, in so
far as they concern the substantive provisions (including article 10(1)
and (2) of that Directive).
Part I
Part I of the
Regulations makes preliminary provision.
Regulation 2 provides for
the interpretation of the Regulations.
Part
II
Part II of the Regulations sets out the requirements of the
substantive provisions.
Regulation 3 provides that Part II applies
to -
(a) an employer, in respect of every workplace, other than an
excepted workplace, to the extent it is under his control;
and
(b) every person who has control of a workplace, other than
an excepted workplace, to the extent of his control.
The excepted workplaces are listed in regulation 3(5) and comprise
workplaces for which more specific fire safety requirements exist or which
are excluded from the Directives.
Regulation 4 makes provision for
fire-fighting and fire detection (implementing paragraph 5 of each of the
annexes to the Workplace Directive and article 8(1) and (2) of the
Framework Directive (in so far as they relate to fire
precautions)).
Regulation 5 makes provision for emergency routes
and exits in case of fire (implementing the first indent of article 6 of,
and paragraph 4 of each of the annexes to, the Workplace Directive (in so
far as they relate to fire precautions)).
Regulation 6 makes
provision for maintenance of the workplace and safety devices
(implementing the second and fourth indents of article 6 of the Workplace
Directive (in so far as they relate to fire
precautions)).
Part III
Part III of the
Regulations amends the Management of Health and Safety at Work Regulations
1992 (S.I. 1992/2051) so as to extend certain of their requirements to
encompass Part II of the Regulations.
The Management of Health and
Safety at Work Regulations 1992 implement, for Great Britain, much of the
Framework Directive. The following provisions of those Regulations, which
derive from provisions of the Framework Directive which are ancillary to
the substantive provisions, are extended directly, or (through an
amendment to a definition) indirectly, so as to encompass Part II of the
Regulations: regulations 3 (risk assessment), 4 (health and safety
arrangements), 6 (health and safety assistance), 8 (information for
employees), 9 (co-operation and co-ordination) and 10 (persons working in
host employers' undertakings).
Part IV
Part IV of
the Regulations makes provision for enforcement and offences.
Under
regulation 10 fire authorities are given responsibility not only for
enforcing the provisions of Part II of the Regulations but also a number
of provisions of the Management of Health and Safety at Work Regulations
1992 so far as they extend to general fire precautions (as defined) in
non-excepted workplaces. Together these provisions are referred to in the
Regulations as "the workplace fire precautions legislation". The relevant
provisions of the Management of Health and Safety at Work Regulations 1992
not only include those amended by Part III of the Regulations but also
certain other provisions which extend to general fire precautions and
implement provisions of the Framework Directive, namely regulations 7
(procedures for serious and imminent danger and for danger areas) and
11(2) and (3) (training). Regulation 9 disapplies the enforcement regime
of the Health and Safety at Work etc. Act 1974 from these provisions of
the Management of Health and Safety at Work Regulations 1992, to the
extent fire authorities are given responsibility for them under the
present Regulations.
Part IV distinguishes between serious breaches
of the workplace fire precautions legislation and other breaches.
Regulation 11 makes an intentional or reckless serious breach of that
legislation a criminal offence. Regulation 13 enables a fire authority to
issue enforcement notices in respect of serious breaches; regulation 14
provides for appeals against such enforcement notices; and regulation 15
makes breach of an enforcement notice a criminal offence. In the case of
any breach (whether serious or not), regulation 16 enables a fire
authority to apply to a court for an order requiring an employer to remedy
the breach.
Regulation 12 extends section 10 of the Fire
Precautions Act 1971 - which presently enables a fire authority
to serve a prohibition notice to immediately close down an unsafe building
or part of a building used as a place of work - to allow such
notices to be issued in respect of places of work in movable structures
and in the open air.
Part V
Part V of the
Regulations makes further, consequential and miscellaneous
provision.
Regulation 17 makes further and miscellaneous provision
by applying a number of sections of the Fire Precautions Act 1971 for the
purposes of the Regulations. These include: sections 21 and 22 (which
create offences respectively of unauthorised disclosure of information and
the making of false statements); and section 19 (conferring powers on
inspectors).
Regulations 18, 19 and 20 make special provision for
the application of the Regulations respectively to the Crown; to visiting
forces, etc.; and to premises occupied by the UK Atomic Energy Authority.
Regulation 21 amends two sets of Regulations dealing with employee
consultation so as to extend them to cover certain requirements of Part II
of the Regulations. Regulation 22 makes a consequential amendment to
section 9A of the Fire Precautions Act 1971, so as to disapply it where
Part II of the Regulations applies.
Notes:
[1] S.I. 1992/1711.back
[2] 1972 c.68.back
[3] See definition of "prescribed".back
[4] 1971 c.40 (see regulations 12 and 18(1) and
(2)).back
[5] 1974 c.37.back
[6] S.I. 1992/2051, as amended by the Health and Safety
(Young Persons) Regulations 1997 (S.I. 1997/135); there are other
amendments not relevant to these Regulations.back
[7] 1947 c.41.back
[8] 1980 c.66.back
[9] 1984 c.54.back
[10] 1975 c.52.back
[11] 1987 c.27.back
[12] S.I. 1989/1401, as amended.back
[13] S.I. 1996/1592.back
[14] S.I. 1988/1655.back
[15] S.I. 1976/2003.back
[16] 1954 c.70.back
[17] S.I. 1995/738.back
[18] 1994 c.22.back
[19] See the Health and Safety (Safety Signs and
Signals) Regulations 1996 (S.I. 1996/341), which impose requirements in
relation to fire safety signs.back
[20] See the Health and Safety (Safety Signs and
Signals) Regulations 1996 (S.I. 1996/341), which impose requirements in
relation to fire safety signs.back
[21] See section 53 of the 1974 Act.back
[22] As substituted by the Health and Safety (Young
Persons) Regulations 1997 (S.I. 1997/135).back
[23] See section 53 of the 1974 Act.back
[24] Section 10 was substituted, and sections 10A and
10B inserted, by section 9 of the Fire Safety and Safety of Places of
Sport Act 1987.back
[25] Section 9D of the 1971 Act was introduced, and
section 17 of that Act was amended, by section 7 of the Fire Safety and
Safety of Places of Sport Act 1987; section 17 was also amended by the
Health and Safety at Work etc. Act 1974, section 78.back
[26] As amended in relevant respects by the Fire Safety
and Safety of Places of Sport Act 1987 (in the case of sections 21, 22 and
27A); the Criminal Justice Act 1982 (c.48) (in the case of section 21);
the Magistrates' Courts Act 1980 (c.43) (in the case of section 26); and
the Building Act 1984 (c.55) (in the case of section 30).back
[27] 1964 c.5.back
[28] 1952 c.67.back
[29] S.I. 1977/500; regulation 4A was inserted by
regulation 17 of, and the Schedule to, the 1992 Management Regulations,
S.I. 1992/2051.back
[30] S.I. 1996/1513.back
[a] Amended by Correction Slip. Page 3, Part I,
regulation 2(1), definition of "workplace", paragraph (b) should be set
out as follows:
(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;
and
instead of:
|
|