The Regulatory Reform (Fire Safety) Order 2005

(1A) No byelaw may be made under this section in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.

Worcester City Council Act 1985

39

• (1) The Worcester City Council Act 1985 is amended as follows.

• (2) In section 27 (safety of stands)—

• (a) in subsection (6) after the words “conditions which” insert “ subject to subsection (6A), ”; and

• (b) after subsection (6) insert—

(6A) No modification or condition may be required under subsection (6) above in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.

• (3) In section 28 (byelaws with regard to certain temporary structures)—

• (a) in subsection (1) after the words “fire authority” insert “ and subject to subsection (1A) ”; and

• (b) after subsection (1) insert—

(1A) No byelaw may be made under this section in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.

• (4) In section 45 (provision of means of escape from fire in certain buildings), omit subsection (1)(b)(iv) and subsection (3).

Poole Borough Council Act 1986

40

• (1) The Poole Borough Council Act 1986 is amended as follows.

• (2) In section 6 (safety of stands)—

• (a) in subsection (6) after the words “conditions which” insert “ subject to subsection (6A), ”; and

• (b) after subsection (6) insert—

(6A) No modification or condition may be required under subsection (6) above in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.

• (3) In section 12(1) (fire and safety precautions in public and other buildings) for the words from “If it appears” to “such building” substitute “ If it appears to the Council that for the purpose of preventing injury or danger (other than injury or danger arising from fire) to persons resorting to any building to which section 24 of the Building Act 1984 (provision of passages) applies ”.

• (4) Omit section 13 (fire precautions in buildings used for storage of flammable substances).

• (5) In section 16 (modification of section 72 of the Building Act 1984) omit subsection (3).

Berkshire Act 1986

41

• (1) The Berkshire Act 1986 is amended as follows.

• (2) In section 28 (safety of stands)—

• (a) in subsection (6) after the words “conditions which” insert “ subject to subsection (6A), ”; and

• (b) after subsection (6) insert—

(6A) No modification or condition may be required under subsection (6) above in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.

• (3) Omit section 30 (fire precautions in building used for storage of flammable substances).

• (4) In section 31 (byelaws with regard to certain temporary structures)—

• (a) in subsection (1) after the words “fire authority” insert “ and subject to subsection (1A) ”; and

• (b) after subsection (1) insert—

(1A) No byelaw may be made under this section in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.

• (5) In section 33 (modification of section 72 of the Building Act 1984)—

• (a) in subsection (1), omit paragraphs (b) and (c) and the preceding “or” of the substituted subsection (6); and

• (b) in subsection (3) paragraphs (b) and (c) and the preceding “or” are omitted.

• (6) In section 35(1) (fire and safety precautions in public and other buildings), for the words from “If it appears” to “such building” substitute “ If it appears to a district council that for the purpose of preventing injury or danger (other than injury or danger arising from fire) to persons resorting to any building to which section 24 of the Building Act 1984 (provision of passages) applies ”.

• (7) Omit section 40 (automatic fire alarms).

Fire Safety and Safety of Places of Sport Act 1987

42

• (1) The Fire Safety and Safety of Places of Sport Act 1987 is amended as follows.

• (2) In section 27 (contents of safety certificates) after subsection (3) insert—

(3A) No condition of a safety certificate shall require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it.

• (3) In section 29 (amendment, cancellation etc. of certificates)—

• (a) after subsection (1) insert—

(1A) The local authority shall, if it appears to them that a safety certificate would require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it, amend the safety certificate by notice in writing to its holder; but nothing in this subsection shall be taken to require the local authority to take any action unless they are aware of such an inconsistency between a safety certificate and the Order.

• (b) in subsection (4) after “(1)(b)” insert “ or (1A) ”; and

• (4) After section 29 insert—

(29A) A safety certificate has no effect to the extent that it would require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it.

• (5) In section 33(1) (exclusion of other statutory requirements)—

• (a) omit paragraph (b); and

• (b) in paragraph (d) for the words “sections 24 and 71” substitute “ section 24 ”.

Plymouth City Council Act 1987

43

• (1) The Plymouth City Council Act 1987 is amended as follows.

• (2) In section 7 (safety of stands)—

• (a) in subsection (6) after the words “conditions which” insert “ subject to subsection (6A), ”; and

• (b) after subsection (6) insert—

(6A) No modification or condition may be required under subsection (6) above in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.

• (3) In section 10 of the Plymouth City Council Act 1987 (provision of means of escape from fire in certain buildings), omit subsection (3).

West Glamorgan Act 1987

44

• (1) The West Glamorgan Act 1987 is amended as follows.

• (2) In section 41 (byelaws with regard to certain temporary structures)—

• (a) in subsection (1) after the words “fire authority” insert “ and subject to subsection (1A) ”; and

• (b) after subsection (1) insert—

(1A) No byelaw may be made under this section in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.

• (3) In section 42 (safety of stands)—

• (a) in subsection (6) after the words “conditions which” insert “ subject to subsection (6A), ”; and

• (b) after subsection (6) insert—

(6A) No modification or condition may be required under subsection (6) above in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.

Dyfed Act 1987

45

• (1) The Dyfed Act 1987 is amended as follows.

• (2) In section 45 (byelaws as to temporary structures)—

• (a) in subsection (1) after the words “fire authority” insert “ and subject to subsection (1A) ”; and

• (b) after subsection (1) insert—

(1A) No byelaw may be made under this section in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.

• (3) In section 46 (safety of stands)—

• (a) in subsection (6) after the words “conditions which” insert “ subject to subsection (6A), ”; and

• (b) after subsection (6) insert—

(6A) No modification or condition may be required under subsection (6) above in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.

• (4) Omit section 48 (byelaws etc. in relation to oil-burning equipment).

• (5) In section 50 (amendment of section 72 of the Building Act 1984) omit subsection (3)(b) and the preceding “or”.

• (6) Omit section 53 (automatic fire alarms).

Environment and Safety Information Act 1988

46

In the Schedule to the Environment and Safety Information Act 1988 (authorities and statutory functions) after the entry for the Food and Environment Protection Act 1985 insert the following entry—

Smoke Detectors Act 1991

47

The Smoke Detectors Act 1991 ceases to have effect.

London Local Authorities Act 1995

48

• (1) The London Local Authorities Act 1995 is amended as follows.

• (2) In section 2 (interpretation) for the definition of “the fire and rescue authority” substitute

“the fire and rescue authority”, in relation to premises, means— (a) where the Regulatory Reform (Fire Safety) Order 2005 applies to the premises, the enforcing authority within the meaning given by article 25 of that Order; or (b) in any other case, the London Fire and Emergency Planning Authority; .

• (3) In section 16 (near beer licensing) after subsection (3) insert—

(3A) No term, condition or restriction is to be imposed under subsection (2) above in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005 in respect of the premises.

• (4) In section 18(1) (refusal of licence) for paragraphs (f) and (g) substitute—

(f) where the Regulatory Reform (Fire Safety) Order 2005 applies to the premises, that Order or any regulations made under it are not being complied with in respect of the premises; (g) where the Regulatory Reform (Fire Safety) Order 2005 does not apply to the premises— (i) proper precautions against fire on the premises are not being taken; (ii) satisfactory means of escape in case of fire and suitable fire-fighting appliances are not provided on the premises; or

• (5) In section 20 (power to prescribe standard terms, conditions and restrictions) after subsection (1) insert—

(1A) No standard condition that is applicable to premises to which the Regulatory Reform (Fire Safety) Order 2005 applies may be prescribed by regulation under subsection (1) above in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under that Order.

• (6) In section 22 (variation of near beer licence)—

• (a) in subsection (3) after the words “The council may” insert “ , subject to subsection (4) below ”; and

• (b) after subsection (3) insert—

(4) No term, condition or restriction may be varied under this section in so far as the effect of the variation would be that the term, condition or restriction as varied would relate to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.

Capital Allowances Act 2001

49

In section 29 of the Capital Allowances Act 2001 (allowances for fire safety)—

• (a) omit subsections (2) to (4); and

• (b) after subsection (4) insert—

(4A) A person takes required fire precautions in respect of premises if— (a) he has been served with a notice under article 31 of the Regulatory Reform (Fire Safety) Order 2005 (prohibition notices) in respect of the premises specifying matters giving rise to a risk of a kind mentioned in paragraph (1) of that article, and (b) he takes steps to remedy the matters specified in the prohibition notice.

Licensing Act 2003

50

• (1) The Licensing Act 2003 is amended as follows.

• (2) In sections 13 (authorised persons, interested parties and responsible authorities) and 69 (authorised persons, interested parties and responsible authorities) for paragraph (b) of subsection (2), in each case, substitute—

(b) an inspector appointed by the fire and rescue authority for the area in which the premises are situated.

• (3) In section 177(8)(dancing and live music in certain small premises) in the definition of “permitted capacity”—

• (a) omit paragraph (a);

• (b) in paragraph (b), omit the words “in any other case,”.

SCHEDULE 3 — AMENDMENTS OF SUBORDINATE LEGISLATION

The Dangerous Substances in Harbour Areas Regulations 1987

1

Regulation 30 of the Dangerous Substances in Harbour Areas Regulations 1987 (storage tanks) is amended as follows—

• (a) in paragraph (1) for the words “appropriate fire and rescue authority” substitute “ relevant authority ”; and

• (b) after paragraph (4) insert—

(5) In paragraph (1) “relevant authority” means— (a) where the Regulatory Reform (Fire Safety) Order 2005 applies to the harbour or harbour areas within which the storage tank is situated, the enforcing authority within the meaning given by article 25 of that Order; and (b) in any other case, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the harbour or harbour area is situated .

The Marriages (Approved Premises) Regulations 1995

2

In Schedule 1 to the Marriages (Approved Premises) Regulations 1995 (requirements for the grant of approval) at the end of paragraph 3 insert—

; and in this paragraph “fire and rescue authority” means— (a) where the Regulatory Reform (Fire Safety) Order 2005 applies to the premises, the enforcing authority within the meaning given by article 25 of that Order; (b) in any other case, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the premises are situated .

The Construction (Health, Safety and Welfare) Regulations 1996

3

For regulation 33 of the Construction (Health, Safety and Welfare) Regulations 1996 (enforcement in respect of fire precautions) substitute—

(33) (1) Subject to paragraph (2), the enforcing authority within the meaning given by article 25 of the Regulatory Reform (Fire Safety) Order 2005 is the enforcing authority as regards— (a) regulations 19 and 20 in so far as those regulations relate to fire; and (b) regulation 21, in respect of a construction site which is contained within, or forms part of, premises which are occupied by persons other than those carrying out the construction work or any activity arising from such work. (2) Paragraph (1) only applies in respect of premises to which the Regulatory Reform (Fire Safety) Order 2005 applies.

The Housing (Fire Safety in Houses in Multiple Occupation) Order 1997

4

In regulation 3 of the Housing (Fire Safety in Houses in Multiple Occupation) Order 1997 (description of house – consultation requirements) in paragraph (2)(f) for the words “a valid fire certificate issued under section 1 of the Fire Precautions Act 1971 is in force” substitute “ the Regulatory Reform (Fire Safety) Order 2005 applies ”.

The Health and Safety (Enforcing Authority) Regulations 1998

5

In regulation 4 of the Health and Safety (Enforcing Authority) Regulations 1998 (enforcement by the Executive) for paragraph (3)(e) substitute—

(e) a fire and rescue authority under the Fire and Rescue Services Act 2004;

The Building Regulations 2000

6

• (1) The Building Regulations 2000 are amended as follows.

• (2) In regulation 12 (giving of a building notice or deposit of plans)—

• (a) omit paragraph (1);

• (b) for paragraph (4) substitute—

(4) A person shall deposit full plans where he intends to carry out building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work.

• (3) In regulation 14 (full plans) for paragraph (4) substitute—

(4) Full plans shall be accompanied by a statement as to whether the building is a building in relation to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work.

• (4) In regulation 17 (completion certificates) for paragraph (1)(b)(i) substitute—

(i) been notified, in accordance with regulation 14(4), that the building is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the work; or

The Building (Approved Inspectors etc.) Regulations 2000

7

• (1) The Building (Approved Inspectors etc.) Regulations 2000 are amended as follows.

• (2) In regulation 2 (interpretation) omit the definition of “fire and rescue authority”.

• (3) In regulation 13(1) (approved inspector's consultation with the fire authority)—

• (a) omit sub-paragraph (a);

• (b) for sub-paragraph (b) substitute—

(b) a “relevant building” is a building or any part of it to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of building work;

• (c) for sub-paragraph (c) substitute—

(c) a “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building or any part of it.

• (4) In regulation 18 (events causing initial notice to cease to be in force) for paragraph (2)(i) substitute—

(i) if the building is a relevant building as defined by regulation 13(1)(b), on the expiry of a period of four weeks beginning with the date of occupation; and

The Care Homes Regulations 2001

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Children's Homes Regulations 2001

9

Regulation 32 of the Children's Homes Regulations 2001 (fire precautions) is amended as follows—

• (a) in paragraph (1) for the words “The registered person” substitute “ Subject to paragraph (1A) the registered person ”; and

• (b) after paragraph (1) insert—

(1A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the children's home— (a) paragraph (1) does not apply; and (b) the registered person must ensure that the requirements of that Order and any regulations made under it, except for article 23 (duties of employees), are complied with in respect of the home.

The Private and Voluntary Care (England) Regulations 2001

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Care Homes (Wales) Regulations 2002

11

Regulation 24 of the Care Homes (Wales) Regulations 2002 (fitness of premises) is amended as follows—

• (a) in paragraph (4) of the English language version for the words “The registered person” substitute “ Subject to paragraph (4A) the registered person ”;

• (b) in paragraph (4) of the Welsh language version for the words “Rhaid i'r person cofrestredig” substitute “ Yn ddarostyngedig i baragraff (4A) rhaid i'r person cofrestredig ”;

• (c) after paragraph (4) of the English language version insert—

(4A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the care home— (a) paragraph (4) does not apply; and (b) the registered person must ensure that the requirements of that Order and any regulations made under it, except for article 23 (duties of employees), are complied with in respect of the care home.

; and

• (d) after paragraph (4) of the Welsh language version insert—

(4A) Pan fydd Gorchymyn Diwygio Rheoleiddio (Diogelwch Tân) 2005 yn gymwys i'r cartref gofal — (a) nid yw paragraff (4) yn gymwys; a (b) rhaid i'r person cofrestredig sicrhau cydymffurfiad â gofynion y Gorchymyn hwnnw ac ag unrhyw reoliadau a wnaed oddi tano, ag eithrio erthygl 23 (dyletswyddau cyflogeion), mewn perthynas â'r cartref gofal.

The Private and Voluntary Care (Wales) Regulations 2002

12

Regulation 24 of the Private and Voluntary Care (Wales) Regulations 2002 (fitness of premises) is amended as follows—

• (a) in paragraph (4) of the English language version for the words “The registered person” substitute “ Subject to paragraph (4A) the registered person ”;

• (b) in paragraph (4) of the Welsh language version for the words “Rhaid i'r person cofrestredig” substitute “ Yn ddarostyngedig i baragraff (4A) rhaid i'r person cofrestredig ”;

• (c) after paragraph (4) of the English language version insert—

(4A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the premises— (a) paragraph (4) does not apply; and (b) the registered person must ensure that the requirements of that Order and any regulations made under it, except for article 23 (duties of employees), are complied with in respect of those premises.

; and

• (d) after paragraph (4) of the Welsh language version insert—

(4A) Pan fydd Gorchymyn Diwygio Rheoleiddio (Diogelwch Tân) 2005 yn gymwys i'r tir ac adeiladau— (a) nid yw paragraff (4) yn gymwys; a (b) rhaid i'r person cofrestredig sicrhau cydymffurfiad â gofynion y Gorchymyn hwnnw ac ag unrhyw reoliadau a wnaed oddi tano, ag eithrio erthygl 23 (dyletswyddau cyflogeion), mewn perthynas â'r tir ac adeiladau hynny.

The Children's Homes (Wales) Regulations 2002

13

Regulation 31 of the Children's Homes (Wales) Regulations 2002 (fire precautions) is amended as follows—

• (a) in paragraph (1) of the English language version for the words “The registered person” substitute “ Subject to paragraph (1A) the registered person ”;

• (b) in paragraph (1) of the Welsh language version for the words “Rhaid i'r person cofrestredig” substitute “ Yn ddarostyngedig i baragraff (1A) rhaid i'r person cofrestredig ”;

• (c) after paragraph (1) of the English language version insert—

(1A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the children's home— (a) paragraph (1) does not apply; and (b) the registered person must ensure that the requirements of that Order and any regulations made under it, except for article 23 (duties of employees), are complied with in respect of the home.

; and

• (d) after paragraph (1) of the Welsh language version insert—

(1A) Pan fydd Gorchymyn Diwygio Rheoleiddio (Diogelwch Tân) 2005 yn gymwys i'r cartref plant— (a) nid yw paragraff (1) yn gymwys; a (b) rhaid i'r person cofrestredig sicrhau cydymffurfiad â gofynion y Gorchymyn hwnnw ac ag unrhyw reoliadau a wnaed oddi tano, ag eithrio erthygl 23 (dyletswyddau cyflogeion), mewn perthynas â'r cartref.

The Child Minding and Day Care (Wales) Regulations 2002

14

Regulation 21 of the Child Minding and Day Care (Wales) Regulations 2002 (fire precautions) is amended as follows—

• (a) in paragraph (1) of the English language version for the words “The registered person” substitute “ Subject to paragraph (1A) the registered person ”;

• (b) in paragraph (1) of the Welsh language version for the words “Rhaid i'r person cofrestredig” insert “ Yn ddarostyngedig i baragraff (1A) rhaid i'r person cofrestredig ”;

• (c) after paragraph (1) of the English language version insert—

(1A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the relevant premises— (a) paragraph (1) does not apply; and (b) the registered person must ensure that the requirements of that Order and any regulations made under it, except for article 23 (duties of employees), are complied with in respect of the premises.

; and

• (d) after paragraph (1) of the Welsh language version insert—

(1A) Pan fydd Gorchymyn Diwygio Rheoleiddio (Diogelwch Tân) 2005 yn gymwys i'r safle perthnasol — (a) nid yw paragraff (1) yn gymwys; a (b) rhaid i'r person cofrestredig sicrhau cydymffurfiad â gofynion y Gorchymyn hwnnw ac ag unrhyw reoliadau a wnaed oddi tano, ag eithrio erthygl 23 (dyletswyddau cyflogeion), mewn perthynas â'r safle.

The Residential Family Centres Regulations 2002

15

Regulation 22 of the Residential Family Centres Regulations 2002 (fire precautions) is amended as follows—

• (a) in paragraph (1) for the words “The registered person” substitute “ Subject to paragraph (1A) the registered person ”; and

• (b) after paragraph (1) insert—

(1A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the residential family centre— (a) paragraph (1) does not apply; and (b) the registered person must ensure that the requirements of that Order and any regulations made under it, except for article 23 (duties of employees), are complied with in respect of the premises.

The Residential Family Centres (Wales) Regulations 2003

16

Regulation 22 of the Residential Family Centres (Wales) Regulations 2003 (fire precautions) is amended as follows—

• (a) in paragraph (1) of the English language version for the words “The registered person” substitute “ Subject to paragraph (1A) the registered person ”;

• (b) in paragraph (1) of the Welsh language version for the words “Rhaid i'r person cofrestredig” insert “ Yn ddarostyngedig i baragraff (1A) rhaid i'r person cofrestredig ”;

• (c) after paragraph (1) of the English language version insert—

(1A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the residential family centre— (a) paragraph (1) does not apply; and (b) the registered person must ensure that the requirements of that Order and any regulations made under it, except for article 23 (duties of employees), are complied with in respect of the premises.

; and

• (d) after paragraph (1) of the Welsh language version insert—

(1A) Pan fydd Gorchymyn Diwygio Rheoleiddio (Diogelwch Tân) 2005 yn gymwys i'r ganolfan preswyl i deuluoedd— (a) nid yw paragraff (1) yn gymwys; a (b) rhaid i'r person cofrestredig sicrhau cydymffurfiad â gofynion y Gorchymyn hwnnw ac ag unrhyw reoliadau a wnaed oddi tano, ag eithrio erthygl 23 (dyletswyddau cyflogeion), mewn perthynas â'r tir ac adeiladau.

SCHEDULE 4 — REPEALS

Instrument	Reference	Extent of repeal
London Building Acts (Amendment) Act 1939	c. xcvii	In section 20(2A) the words “and maintenance”, paragraphs (a) and (b) and in paragraph (e) the words “interior, exterior and”. Section 34. In section 35(1), paragraphs (a), (b) and (d), in paragraph (c), sub-paragraphs (ii) and (iii) and the final “or” and in paragraph (i) of the proviso the words from “as respects a building” to “referred to in this subsection”. Section 35(5). Section 38. In section 42, paragraphs (a), (b), (c) and (f).
East Ham Corporation Act 1957	c. xxxvii	Sections 63 and 64.
Gaming Act 1968	c. 65	In Schedule 2, the definition of “the appropriate fire authority” in paragraph 2(2), and paragraph 21(1)(f).
Fire Precautions Act 1971	c. 40	The whole Act.
Fire Precautions (Loans) Act 1973	c. 11	The whole Act.
Health and Safety at Work etc. Act 1974	c. 37	Section 78 and Schedule 8.
Safety of Sports Grounds Act 1975	c. 52	Section 9(1)(d).
Greater London Council (General Powers) Act 1975	c. xxx	Section 3.
County of South Glamorgan Act 1976	c. xxxv	In section 51(1)(b), paragraph (b) and the preceding “or” of the substituted subsection (4) and subsection (3)(b) and the preceding “or”. Section 52.
Rent Act 1977	c. 42	Section 140 and Schedule 20.
Local Government, Planning and Land Act 1980	c. 65	Section 152(1)(a) and (b).
County of Merseyside Act 1980	c. x	Sections 54 and 57. In section 69(3), in paragraph (c) the words “and suitable fire-fighting appliances” and paragraph (d). In section 69(4)(b) the words “the taking of proper precautions against fire, and” and the words “fire-fighting appliances”.
West Midlands County Council Act 1980	c. xi	Sections 45 and 47. In section 49(3), paragraph (b) and the preceding “or”.
Cheshire County Council Act 1980	c. xiii	Sections 49, 51 and 53. In section 54(4) paragraph (b) and the preceding “or”.
West Yorkshire Act 1980	c. xiv	In section 40(3) in paragraph (c) the words “and suitable fire-fighting appliances,” and paragraph (d). In section 40(4)(b) the words “the taking of proper precautions against fire, and” and the words “fire-fighting appliances”. Section 51.
Isle of Wight Act 1980	c. xv	Sections 31 and 33.
South Yorkshire Act 1980	c. xxxvii	Sections 54 and 59.
Greater Manchester Act 1981	c. ix	Section 62. In section 78(3) in paragraph (c) the words “and suitable fire-fighting appliances,” and paragraph (d). In section 78(4)(b) the words “the taking of proper precautions against fire, and” and the words “fire-fighting appliances”.
County of Kent Act 1981	c. xviii	Sections 52 and 54.
Derbyshire Act 1981	c. xxxiv	In section 24 in subsection 1(b) paragraphs (b) and (c) and the preceding “or” of the substituted subsection (4) and subsection (3)(b) and the preceding “or”. Sections 25 and 26.
East Sussex Act 1981	c. xxv	Section 34. In section 47(3) in paragraph (c) the words “and suitable fire-fighting appliances,” and paragraph (d). In section 47(4)(b) the words “the taking of proper precautions against fire, and” and the words “fire-fighting appliances”.
Local Government (Miscellaneous Provisions) Act 1982	c. 30	Sections 9 and 10.
Humberside Act 1982	c. iii	Section 13. In section 15 in subsection 1(b) paragraphs (b) and (c) and the preceding “or” of the substituted subsection (4) and subsection (3)(b) and the preceding “or”.
Cumbria Act 1982	c. xv	Section 27. In section 28 in subsection 1(b) paragraphs (b) and (c) and the preceding “or” of the substituted subsection (4) and subsection (4)(b) and the preceding “or”. Section 29.
Hampshire Act 1983	c. v	Section 14.
Staffordshire Act 1983	c xviii	Section 27.
Food Act 1984	c.30	In section 60(d) the words “for the area in which the market is situated”.
Building Act 1984	c. 55	Sections 48(4), 51B(2), 71, 72(6)(b) and (c) and (7), and 81(7).
County of Lancashire Act 1984	c. xxi	Section 32.
Bournemouth Borough Act 1985	c. v	Section 19(3)(b) and the preceding “or”.
Leicestershire Act 1985	c. xvii	Sections 47 and 48. In section 54(6), the word “or” at the end of paragraph (a) and the words following “or” to the end of the subsection.
Clwyd County Council Act 1985	c. xliv	Sections 21, 23 and 26(3).
Worcester City Council Act 1985	c. lxiii	In section 45, subsection (1)(b)(iv) and subsection (3).
Poole Borough Council Act 1986	c. i	Sections 13 and 16(3).
Berkshire Act 1986	c. ii	Section 30. In section 33(1) in subsection 1(b) paragraphs (b) and (c) and the preceding “or” of the substituted subsection (4) and subsection (3)(b) and (c) and the preceding “or”. Section 40.
Fire Safety and Safety of Places of Sport Act 1987	c. 27	Part 1. Section 33(1)(b). Schedule 1.
Plymouth City Council Act 1987	c. iv	Section 10(3).
Dyfed Act 1987	c. xxiv	Section 48. Section 50(3)(b) and the preceding “or”. Section 53.
Environment and Safety Information Act 1988	c. 30	The entry in the Schedule relating to the Fire Precautions Act 1971.
National Health Service and Community Care Act 1990	c. 19	In Schedule 8, paragraph 15.
Smoke Detectors Act 1991	c. 37	The whole Act.
Capital Allowances Act 2001	c. 2	Section 29(2) to (4).

SCHEDULE 5 — REVOCATIONS

Instrument	Reference	Extent of revocation
The Fire Certificate (Special Premises) Regulations 1976	S.I. 1976/2003	The whole Regulations.
The Fire Precautions (Workplace) Regulations 1997	S.I. 1997/1840	The whole Regulations.
The Fire Precautions (Workplace) (Amendment) Regulations 1999	S.I. 1999/1877	The whole Regulations.
The Management of Health and Safety at Work Regulations 1999	S.I. 1999/3242	In regulations 1(2), 3(1), 7(1), 11(1)(a), 11(1)(b), 12(1)(b) the words “and by Part II of the Fire Precautions (Workplace) Regulations 1997” in each place where they occur. In regulation 10(1)(c) the words from “and the measures” to “Regulations 1997”. In regulation 10(1)(d) the words “and regulation” to “Regulations 1997”. In regulations 11(2) and 12(2) the words in brackets. Regulation 28.

Signed

Signed by authority of the First Secretary of State

Jim Fitzpatrick — Parliamentary Under-Secretary of State — Office of the Deputy Prime Minister — 2005-06-07

Explanatory note

(This note is not part of the Order)

Footnotes

The matters are—

• (a) the hazardous properties of the substance;

• (b) information on safety provided by the supplier, including information contained in any relevant safety data sheet;

• (c) the circumstances of the work including —

• (i) the special, technical and organisational measures and the substances used and their possible interactions;

• (ii) the amount of the substance involved;

• (iii) where the work will involve more than one dangerous substance, the risk presented by such substances in combination; and

• (iv) the arrangements for the safe handling, storage and transport of dangerous substances and of waste containing dangerous substances;

• (d) activities, such as maintenance, where there is the potential for a high level of risk;

• (e) the effect of measures which have been or will be taken pursuant to this Order;

• (f) the likelihood that an explosive atmosphere will occur and its persistence;

• (g) the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective;

• (h) the scale of the anticipated effects;

• (i) any places which are, or can be connected via openings to, places in which explosive atmospheres may occur; and

• (j) such additional safety information as the responsible person may need in order to complete the assessment.

The matters are—

• (a) the inexperience, lack of awareness of risks and immaturity of young persons;

• (b) the fitting-out and layout of the premises;

• (c) the nature, degree and duration of exposure to physical and chemical agents;

• (d) the form, range, and use of work equipment and the way in which it is handled;

• (e) the organisation of processes and activities;

• (f) the extent of the safety training provided or to be provided to young persons; and

• (g) risks from agents, processes and work listed in the Annex to Council Directive 94/33/EC on the protection of young people at work.

The principles are—

• (a) avoiding risks;

• (b) evaluating the risks which cannot be avoided;

• (c) combating the risks at source;

• (d) adapting to technical progress;

• (e) replacing the dangerous by the non-dangerous or less dangerous;

• (f) developing a coherent overall prevention policy which covers technology, organisation of work and the influence of factors relating to the working environment;

• (g) giving collective protective measures priority over individual protective measures; and

• (h) giving appropriate instructions to employees.

Editorial notes