The Regulatory Reform (Fire Safety) Order 2005

Disapplication of certain provisions E+W

7.—(1) Articles 9(4) and (5) and 19(2) do not apply in relation to occasional work or short-term work involving work regulated as not being harmful, damaging, or dangerous to young people in a family undertaking.

(2) Articles 9(2), 12, 16, 19(3) and 22(2) do not apply in relation to the use of means of transport by land, water or air where the use of means of transport is regulated by international agreements and the European Community directives giving effect to them and in so far as the use of means of transport falls within the disapplication in article 1.2(e) of Council Directive 1999/92/EC on minimum requirements for improving the safety and health of workers potentially at risk from explosive atmospheres M1 , except for any means of transport intended for use in a potentially explosive atmosphere.

(3) Articles 19 and 21 impose duties only on responsible persons who are employers.

(4) The requirements of articles 8 to 23, or of any regulations made under article 24, do not have effect to the extent that they would prevent any of the following from carrying out their duties—

(a) any member of the armed forces of the Crown or of any visiting force;

(b) any constable or any member of a police force not being a constable;

(c) any member of any emergency service.

(5) Without prejudice to paragraph (4), article 14(2)(f) does not apply to any premises constituting, or forming part of, a prison within the meaning of the Prison Act 1952 M2 or constituting, or forming part of, a remand centre, detention centre or youth custody centre provided by the Secretary of State under section 43 of that Act or any part of any other premises used for keeping persons in lawful custody or detention.

(6) Where paragraph (4) or (5) applies, the safety of relevant persons must nevertheless be ensured so far as is possible.

Marginal Citations

M1 OJ No. L23, 28.1.00, p.57.

M2 1952 c. 52. Relevant amendments to section 43 are contained in the Criminal Justice Act 1988 (c. 33), sections 123(6) and 170 and Schedules 8(1) and 15(11), the Crime and Disorder Act 1998 (c. 37), section 119 and Schedule 8(6), the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 165(1) and Schedule 9(5) and the Criminal Justice and Court Services Act 2000 (c. 43 ), section s59 and 75 and Schedule 8(1).