http://www.legislation.gov.uk/id/uksi/2005/1541

http://www.legislation.gov.uk/uksi/2005/1541/schedule/3

The Regulatory Reform (Fire Safety) Order 2005

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Statute Law Database

REGULATORY REFORM, ENGLAND AND WALES

2024-05-16

Expert Participation

2024-04-25

This Order reforms the law relating to fire safety in non-domestic premises. It replaces fire certification under the Fire Precautions Act 1971 with a general duty to ensure, so far as is reasonably practicable, the safety of employees, a general duty, in relation to non-employees to take such fire precautions as may reasonably be required in the circumstances to ensure that premises are safe and a duty to carry out a risk assessment. The Order imposes a number of specific duties in relation to the fire precautions to be taken. The Order provides for the enforcement of the Order, appeals, offences and connected matters. It amends or repeals other primary legislation concerning fire safety to take account of the new system and provides for minor and other consequential amendments, repeals and revocations. The Order also gives effect in England and Wales to:Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work (O.J. No. L 183, 29.6.89, p. 1) (“the Framework Directive”) (except for provisions on accident reporting (article 9(1)(c) and (d) and (2)), employment protection rights (articles 7(2), 8(4) and (5) and 11(4)), and use of personal protective equipment (article 13(2)(b)));Council Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (O.J. No. L 206, 29.7.91, p. 19) (“the Temporary Workers' Directive”) (except for provisions on the responsibility of host undertakings to temporary workers (article 8));article 6 of, together with paragraphs 4 and 5 each of the annexes to, Council Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace (O.J. No. L 393, 30.12.89, p. 1) (“the Workplace Directive”);articles 6 and 7 of Council Directive 94/33/EC (O.J. No. L216, 20.8.94, p.12) on the protection of young people at work;Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (O.J. No. L 131, 05.05.98, p. 11 ) (“the Chemical Agents Directive”); andCouncil Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (O.J. No. L 23, 28.01.00, p. 57) (“the Explosive Atmospheres Directive”),

The Regulatory Reform (Fire Safety) Order 2005

art. 9A

Building Safety Act 2022

s. 156(4)

s. 170(4)(b)

(c)

SCHEDULE 3AMENDMENTS OF SUBORDINATE LEGISLATION

Article 53(1)

The Dangerous Substances in Harbour Areas Regulations 19871

Regulation 30 of the Dangerous Substances in Harbour Areas Regulations 1987 M1 (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 19952

In Schedule 1 to the Marriages (Approved Premises) Regulations 1995 M2 (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 19963

For regulation 33 of the Construction (Health, Safety and Welfare) Regulations 1996 M3 (enforcement in respect of fire precautions) substitute—

Enforcement in respect of fire33
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 19974

In regulation 3 of the Housing (Fire Safety in Houses in Multiple Occupation) Order 1997 M4 (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 19985

In regulation 4 of the Health and Safety (Enforcing Authority) Regulations 1998 M5 (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 20006

1

The Building Regulations 2000 M6 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 20007

1

The Building (Approved Inspectors etc.) Regulations 2000 M7 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 2001F18

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

The Children's Homes Regulations 20019

Regulation 32 of the Children's Homes Regulations 2001 M8 (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 2001F210

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

The Care Homes (Wales) Regulations 200211

Regulation 24 of the Care Homes (Wales) Regulations 2002 M9 (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.

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 200212

Regulation 24 of the Private and Voluntary Care (Wales) Regulations 2002 M10 (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.

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 200213

Regulation 31 of the Children's Homes (Wales) Regulations 2002 M11 (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.

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 200214

Regulation 21 of the Child Minding and Day Care (Wales) Regulations 2002 M12 (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.

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 200215

Regulation 22 of the Residential Family Centres Regulations 2002 M13 (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 200316

Regulation 22 of the Residential Family Centres (Wales) Regulations 2003 M14 (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.

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.