OpenLegislation

Regulation 3 Amendment of regulation 3: meaning of “significant hazard” and “emergency hazard”

Original text. Later amendments are not shown.

(1)

Regulation 3 is amended as follows.

(2)

In paragraph (1)—

(a)

in sub-paragraph (b), for “take steps to make safe as a matter of urgency” substitute “make safe within 15 working days”;

(b)

in sub-paragraph (d), omit “take steps to”.

(3)

In paragraph (2)—

(a)

in the opening words, for “paragraph (1)” substitute “this regulation”;

(b)

before the definition of “relevant hazard” insert—

  • ““excluded fire hazard” means a prescribed hazardf1 where the risk of harm—

    1. (a)

      is associated with exposure to uncontrolled fire and associated smoke and fumes, and

    2. (b)

      arises from a deficiency in a FSO-regulated part of a building that contains two or more sets of domestic premises (within the meaning given in article 2 of the Regulatory Reform (Fire Safety) Order 2005f2);

  • “FSO-regulated part of a building” means any part of a building to which the Regulatory Reform (Fire Safety) Order 2005 applies by virtue of article 6(1A) of that Order;”;

(c)

in the definition of “relevant hazard”, in sub-paragraph (a)—

(i)

in the opening words, after “hazard” insert “that is not an excluded fire hazard”;

(ii)

in paragraph (i), for “growth” substitute “growths or any matter or circumstance referred to in paragraph 2, 3, 14A, 18A, 21, 22, 23, 23A or 29 of Schedule 1 to the Housing Health and Safety Rating System (England) Regulations 2005f3”.

Annotations

Footnotes

f1

See section 10A(7) of the Landlord and Tenant Act 1985 for the definition of “prescribed hazard”.

f2

S.I. 2005/1541, amended by section 1 of the Fire Safety Act 2021 (c. 24). There are other amending instruments but none is relevant.

f3

S.I. 2005/3208, amended by S.I. 2026/571.