8

1

The enforcing authority for these Regulations is the appropriate fire body.

2

The appropriate fire body is not the enforcing authority—

a

for regulation 4(1) and 4(2);

b

for regulations 5 to 7 in relation to a site occupied by a body specified in regulation 4(3) of the 1998 Regulations.

3

The enforcing authority for regulation 4(1) and 4(2) is the ONR, the Executive, local authority or Office of Rail Regulation determined in accordance with the Health and Safety (Enforcing Authority) Regulations 1998 (“the 1998 Regulations”) and the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.

4

The enforcing authority for regulations 5 to 7 in relation to a site occupied by a body specified in regulation 4(3) of the 1998 Regulations is—

a

where that site is an authorised defence site or new nuclear build site, the Office for Nuclear Regulation,

b

otherwise, the Executive.

5

This regulation applies subject to section 18(1A) of the Health and Safety at Work etc. Act 1974.

6

In this regulation—

a

“appropriate fire body” means—

i

in England and Wales, the fire authority;

ii

in Scotland, the Scottish Fire and Rescue Authority.

b

“authorised defence site” and “new nuclear build site” have the meanings given in the 1998 Regulations.