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The Regulatory Reform (Fire Safety) Order 2005

Type Statutory-Instrument

Publication 2005-06-07

Last updated 2025-01-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(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 ....

(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 ....

(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 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 , 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 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 ; 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 , 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 (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 (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

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 a registered building control approver within the meaning of section 58N of the Building Act 1984.

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 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 ;

(b) in relation to the Control of Major Accident Hazards Regulations 2015.

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 (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 ); 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;

(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 (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 22B and by regulations made under article 24.

(1A) Where in any proceedings it is alleged that a person has contravened a provision of articles 8 to 22B or of regulations made under article 24 ...—

(a) proof of a failure to comply with any applicable ... guidance may be relied on as tending to establish that there was such a contravention, and

(b) proof of compliance with any applicable ... guidance may be relied on as tending to establish that there was no such contravention.

(2) In relation to the duty in paragraph (1), the guidance may, from time to time, be revised.

(2A) Before revising or withdrawing any risk based guidance in relation to relevant buildings the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(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).

(4) In this article—

“relevant building” means a building in England containing two or more sets of domestic premises;

“risk based guidance” means guidance under paragraph (1) about how a person who is subject to the duties mentioned there in relation to more than one set of premises is to prioritise the discharge of those duties in respect of the different premises by reference to risk.

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 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 (subordinate provisions) the following are designated as subordinate provisions—

(a) article 1(3);

(b) in article 2, the definition of “relevant local authority”;

(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 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 before the date when this Order comes into force and which relate to maintenance, shall cease to have effect from that date.

SCHEDULE 1

PART 1 — 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;

(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 — 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;

(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/EC⁴⁶ on the protection of young people at work.

PART 3 — PRINCIPLES OF PREVENTION

The principles are—

(a) avoiding risks;

(b) evaluating the risks which cannot be avoided;

(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 — MEASURES TO BE TAKEN IN RESPECT OF DANGEROUS SUBSTANCES

1

In applying measures to control risks the responsible person must, in order of priority—

(a) reduce the quantity of dangerous substances to a minimum;

(b) avoid or minimise the release of a dangerous substance;

(d) prevent the formation of an explosive atmosphere, including the application of appropriate ventilation;

(e) ensure that any release of a dangerous substance which may give rise to risk is suitably collected, safely contained, removed to a safe place, or otherwise rendered safe, as appropriate;

(f) avoid—

(i) ignition sources including electrostatic discharges; and

(ii) such other adverse conditions as could result in harmful physical effects from a dangerous substance; and

(g) segregate incompatible dangerous substances.

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;

(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 2 — AMENDMENTS OF PRIMARY LEGISLATION.

Celluloid and Cinematograph Film Act 1922

1

In section 2 of the Celluloid and Cinematograph Film Act 1922 (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 is amended as follows.

(2) In section 20 (precautions against fire in certain buildings)—

(a) in subsection (2A)—

(i) omit the words “and maintenance”;

(ii) omit paragraphs (a) and (b); and

(iii) in paragraph (e) omit the words “interior, exterior and”; and

(b) in subsection (2C)(b) omit the words “and maintenance”.

(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 (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 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 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.

(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 (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 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)—

(a) in paragraph 2(2), omit the definition of “the appropriate fire and rescue authority”;

(b) in paragraph 20(1) after paragraph (a) insert—

(aa) where the Regulatory Reform (Fire Safety) Order 2005 applies to the relevant premises, that the Order or regulations made under it have not been complied with in respect of the relevant premises;

(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 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 (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 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—

(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

Greater London Council (General Powers) Act 1975

11

Omit section 3 of the Greater London Council (General Powers) Act 1975 (protection for fire brigade in respect of certain substances).

County of South Glamorgan Act 1976

12

(1) The County of South Glamorgan Act 1976 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 (modification of Act in relation to fire precautions).

County of Merseyside Act 1980

14

(1) The County of Merseyside Act 1980 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)—

(a) in subsection (3)—

(i) in paragraph (c) omit the words “and suitable fire-fighting appliances,”; and

(ii) omit paragraph (d);

(b) after subsection (3) insert—

(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 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 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 is amended as follows.

(2) In section 40 (registration of entertainment clubs)—

(a) in subsection (3)—

(i) in paragraph (c) omit the words “and suitable fire-fighting appliances,”; and

(ii) omit paragraph (d);

(b) after subsection (3) insert—

(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 .

South Yorkshire Act 1980

19

(1) The South Yorkshire Act 1980 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 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 (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—

(3) In subsection (2) “the relevant fire and rescue authority” means— (a) where the Regulatory Reform (Fire Safety) Order 2005 applies to the zoo— (i) the enforcing authority within the meaning given by article 25 of that Order, and (ii) the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the whole or any part of the zoo is situated, if that authority is not the enforcing authority mentioned in sub-paragraph (i); (b) in any other case, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the whole or any part of the zoo is situated .

Greater Manchester Act 1981

22

(1) The Greater Manchester Act 1981 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)—

(a) in subsection (3)—

(i) in paragraph (c) omit the words “and suitable fire-fighting appliances,”; and

(ii) omit paragraph (d);

(b) after subsection (3) insert—

(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 .

Derbyshire Act 1981

24

(1) The Derbyshire Act 1981 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 is amended as follows.

(2) Omit section 34 (fireman's switches for luminous tube signs).

(3) In section 47 (registration of entertainment clubs)—

(a) in subsection (3)—

(i) in paragraph (c) omit the words “and suitable fire-fighting appliances,”; and

(ii) omit paragraph (d);

(b) after subsection (3) insert—

(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 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.

(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 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 (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 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 (automatic fire alarms).

Staffordshire Act 1983

31

(1) The Staffordshire Act 1983 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 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 is amended as follows.

(2) In section 48 (effect of initial notice), omit subsection (4).

(3) In section 51B (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 (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 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 (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 (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 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 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—

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