Fire Safety and Safety of Places of Sport Act 1987

[F1 6 Codes of practice. E+W+S

After the section 9A of the principal Act substituted by section 5 above there shall be inserted the following sections—

9B “ Codes of practice as to means of escape and for fighting fire.

(1) The Secretary of State may from time to time, after consultation with such persons or bodies of persons as appear to him requisite—

(a) prepare and issue codes of practice for the purpose of providing practical guidance on how to comply with the duty imposed by section 9A of this Act; and

(b) revise any such code by revoking, varying, amending or adding to the provisions of the code.

(2) A code prepared in pursuance of this section and any alterations proposed to be made on a revision of such a code shall be laid before both Houses of Parliament, and the Secretary of State shall not issue the code or revised code, as the case may be, until after the end of the period of 40 days beginning with the day on which the code or the proposed alterations were so laid.

(3) If, within the period mentioned in subsection (2) above, either House resolves that the code be not issued or the proposed alterations be not made, as the case may be, the Secretary of State shall not issue the code or revised code (but without prejudice to his power under that subsection to lay further codes or proposed alterations before Parliament).

(4) For the purposes of subsection (2) above—

(a) where the code or proposed alterations are not laid before both Houses of Parliament on the same day, the later day shall be taken to be the day on which the code or the proposed alterations, as the case may be, were laid before both Houses, and

(b) in reckoning any period of 40 days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(5) In this Act references to a code of practice under this section are references to such a code as it has effect for the time being, with any revisions, under this section.

9C Legal effect of codes of practice.

(1) A failure on the part of a person to observe any provision of a code of practice under section 9B of this Act shall not of itself render him liable to any criminal or civil proceedings.

(2) If, in any proceedings whether civil or criminal under this Act, it is alleged that there has been a contravention on the part of any person of the duty imposed by section 9A of this Act—

(a) a failure to observe a provision of a code of practice under section 9B of this Act may be relied on as tending to establish liability, and

(b) compliance with such a code may be relied on as tending to negative liability.”]

Textual Amendments

F1 Pt. 1 repealed (E.W.) (1.4.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 4 (with art. 49)