The Regulatory Reform (Fire Safety) Order 2005
S.I. 2005/1541 · Made 7 June 2005 · Extends to England and Wales
REGULATORY REFORM, ENGLAND AND WALES
Made 7th June 2005
Coming into force in accordance with article 1
Whereas—–
- (a)
the First Secretary of State (“the Secretary of State”) consulted M1—
- (i)
such organisations as appeared to him to be representative of interests substantially affected by his proposals for this Order;
- (ii)
the statutory bodies, and such organisations as appeared to him to be representative of those bodies, to whose functions his proposals relate;
- (iii)
the Law Commission;
- (iv)
the National Assembly for Wales; and
- (v)
such other persons as he considered appropriate;
- (i)
- (b)
as a result of that consultation it appeared to the Secretary of State that it was appropriate to vary part of his proposals;
- (c)
following the consultation mentioned in recital (a) the Secretary of State considered it appropriate to proceed with the making of this Order;
- (d)
a document containing the Secretary of State's proposals was laid before Parliament as required by section 6 of the Regulatory Reform Act 2001 M2 and the period for Parliamentary consideration under section 8 of that Act expired;
- (e)
- (f)
a draft of this Order was laid before Parliament with a statement giving details of those representations and the changes to the Secretary of State's proposals in the light of them;
- (g)
the draft was approved by resolution of each House of Parliament;
- (h)
this Order modifies a function of the National Assembly for Wales and the Assembly has agreed that it be made;
- (i)
the Secretary of State is of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise; and
- (j)
this Order creates burdens affecting persons in the carrying on of certain activities, and the Secretary of State is of the opinion that—
- (i)
the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burdens being created; and
- (ii)
the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made;
- (i)
Now therefore the First Secretary of State, in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001, hereby makes the following Order:C1
Annotations to the whole text
Marginal citations
- M1
A consultation paper “A consultation document on the reform of fire safety legislation” was published by the Office of the Deputy Prime Minister in July 2002. Copies may be obtained from the Office of the Deputy Prime Minister, P.O. Box 236, Wetherby, West Yorkshire, LS23 7NB.
- M2
- M3
Session 2003-04 HC 684.
- M4
Session 2003-04 HL 153.
Modifications
- C1
Order: power to amend conferred (29.6.2021) by Fire Safety Act 2021 (c. 24), ss. 2, 4
Contents
- Part 1: GENERAL
- 1Citation, commencement and extent
- 2Interpretation
- 3Meaning of “responsible person”
- 4Meaning of “general fire precautions”
- 5Duties under this Order
- 6Application to premises
- 7Disapplication of certain provisions
- Part 2: FIRE SAFETY DUTIES
- 8Duty to take general fire precautions
- 9Risk assessment
- 10Principles of prevention to be applied
- 11Fire safety arrangements
- 12Elimination or reduction of risks from dangerous substances
- 13Fire-fighting and fire detection
- 14Emergency routes and exits
- 15Procedures for serious and imminent danger and for danger areas
- 16Additional emergency measures in respect of dangerous substances
- 17Maintenance
- 18Safety assistance
- 19Provision of information to employees
- 20Provision of information to employers and the self-employed from outside undertakings
- 21Training
- 21AProvision of information to residents of domestic premises
- 22Co-operation and co-ordination between responsible persons
- 22AProvision of information to new responsible person
- 22BCo-operation with accountable persons
- 23General duties of employees at work
- 24Power to make regulations about fire precautions
- Part 3: ENFORCEMENT
- 25Enforcing authorities
- 26Enforcement of Order
- 27Powers of inspectors
- 28Exercise on behalf of fire inspectors etc. of their powers by officers of fire brigades
- 29Alterations notices
- 30Enforcement notices
- 31Prohibition notices
- Part 4: OFFENCES AND APPEALS
- 32Offences
- 33Defence
- 34Onus of proving limits of what is practicable or reasonably practicable
- 35Appeals
- 36Determination of disputes by Secretary of State
- Part 5: MISCELLANEOUS
- 37Fire-fighters' switches for luminous tube signs etc.
- 38Maintenance of measures provided for protection of fire-fighters
- 39Civil liability for breach of statutory duty
- 40Duty not to charge employees for things done or provided
- 41Duty to consult employees
- 42Special provisions in respect of licensed etc. premises
- 43Suspension of terms and conditions of licences dealing with same matters as this Order
- 44Suspension of byelaws dealing with same matters as this Order
- 45Duty to consult enforcing authority before passing plans Repealed
- 46Other consultation by authorities
- 47Disapplication of the Health and Safety at Work etc. Act 1974 in relation to general fire precautions
- 48Service of notices etc.
- 49Application to the Crown and to the Houses of Parliament
- 50Guidance
- 51Application to visiting forces, etc.
- 52Subordinate provisions
- 53Repeals, revocations, amendments and transitional provisions
- Signature
- Schedule 1
- Part 1: MATTERS TO BE CONSIDERED IN RISK ASSESSMENT IN RESPECT OF DANGEROUS SUBSTANCES
- Paragraph
- Part 2: MATTERS TO BE TAKEN INTO PARTICULAR ACCOUNT IN RISK ASSESSMENT IN RESPECT OF YOUNG PERSONS
- Paragraph
- Part 3: PRINCIPLES OF PREVENTION
- Paragraph
- Part 4: MEASURES TO BE TAKEN IN RESPECT OF DANGEROUS SUBSTANCES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 2: AMENDMENTS OF PRIMARY LEGISLATION.
- 1Celluloid and Cinematograph Film Act 1922
- 2London Building Acts (Amendment) Act 1939
- 3Pet Animals Act 1951
- 4East Ham Corporation Act 1957
- 5Caravan Sites and Control of Development Act 1960
- 6Public Health Act 1961
- 7Gaming Act 1968
- 8Fire Precautions Act 1971
- 9Health and Safety at Work etc. Act 1974
- 10Safety of Sports Grounds Act 1975
- 11Greater London Council (General Powers) Act 1975
- 12County of South Glamorgan Act 1976
- 13Rent Act 1977
- 14County of Merseyside Act 1980
- 15West Midlands County Council Act 1980
- 16Cheshire County Council Act 1980
- 17West Yorkshire Act 1980
- 18Isle of Wight Act 1980
- 19South Yorkshire Act 1980
- 20Tyne and Wear Act 1980
- 21Zoo Licensing Act 1981
- 22Greater Manchester Act 1981
- 23County of Kent Act 1981
- 24Derbyshire Act 1981
- 25East Sussex Act 1981
- 26Local Government (Miscellaneous Provisions) Act 1982
- 27Humberside Act 1982
- 28County of Avon Act 1982
- 29Cumbria Act 1982
- 30Hampshire Act 1983
- 31Staffordshire Act 1983
- 32Food Act 1984
- 33Building Act 1984
- 34County of Lancashire Act 1984
- 35Cornwall County Council Act 1984
- 36Bournemouth Borough Council Act 1985
- 37Leicestershire Act 1985
- 38Clwyd County Council Act 1985
- 39Worcester City Council Act 1985
- 40Poole Borough Council Act 1986
- 41Berkshire Act 1986
- 42Fire Safety and Safety of Places of Sport Act 1987
- 43Plymouth City Council Act 1987
- 44West Glamorgan Act 1987
- 45Dyfed Act 1987
- 46Environment and Safety Information Act 1988
- 47Smoke Detectors Act 1991
- 48London Local Authorities Act 1995
- 49Capital Allowances Act 2001
- 50Licensing Act 2003
- Schedule 3: AMENDMENTS OF SUBORDINATE LEGISLATION
- 1The Dangerous Substances in Harbour Areas Regulations 1987
- 2The Marriages (Approved Premises) Regulations 1995
- 3The Construction (Health, Safety and Welfare) Regulations 1996
- 4The Housing (Fire Safety in Houses in Multiple Occupation) Order 1997
- 5The Health and Safety (Enforcing Authority) Regulations 1998
- 6The Building Regulations 2000
- 7The Building (Approved Inspectors etc.) Regulations 2000
- 8The Care Homes Regulations 2001 Repealed
- 9The Children's Homes Regulations 2001
- 10The Private and Voluntary Care (England) Regulations 2001 Repealed
- 11The Care Homes (Wales) Regulations 2002
- 12The Private and Voluntary Care (Wales) Regulations 2002
- 13The Children's Homes (Wales) Regulations 2002
- 14The Child Minding and Day Care (Wales) Regulations 2002
- 15The Residential Family Centres Regulations 2002
- 16The Residential Family Centres (Wales) Regulations 2003
- Schedule 4REPEALS
- Schedule 5REVOCATIONS
- Explanatory note