"the 1971 Act" means the Fire Precautions Act 1971;

(a) the maintenance or repair of any workplace; or

(b) the safety of any workplace,

that person shall be treated, for the purposes of paragraph (2), as being a person who has control of the workplace to the extent that his obligation so extends.

    (4) Any reference in this regulation to a person having control of any workplace is a reference to a person having control of the workplace in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).

    (5) For the purposes of these Regulations, an "excepted workplace" is - 

(a) in regulation 1(2) (interpretation), at the end of the definition of "the preventive and protective measures";

(b) in regulation 3 (risk assessment), at the end of paragraph (1);

(c) in regulation 6 (health and safety assistance), at the end of paragraph (1);

(d) in regulation 9 (co-operation and co-ordination), in paragraph (1)(a) after the words "the relevant statutory provisions"; and

(e) in regulation 10 (persons working in host employers' undertakings), in paragraph (1)(b) after the words "the relevant statutory provisions".

(a) Part II of these Regulations; and

(b) regulations 1 to 4, 6 to 10 and 11(2) and (3) of the 1992 Management Regulations (as amended by Part III of these Regulations), in so far as those regulations - 


(i) impose requirements concerning general fire precautions to be taken or observed by an employer; and

(ii) have effect in relation to a workplace in Great Britain other than an excepted workplace,

and for this purpose "general fire precautions" means measures which are to be taken or observed in relation to the risk to the safety of employees in case of fire in a workplace, other than any special precautions in connection with the carrying on of any manufacturing process.

    (4) No written opinion need be given under paragraph (3) if a written notice of intent under regulation 13(3) or 16(2), or an enforcement notice under regulation 13(1), is issued in respect of the relevant breach.

    (5) For the purposes of paragraph (3), a "relevant person" is - 

(a) an employer who has, by virtue of regulation 3(1), obligations in respect of the workplace in question under Part II of these Regulations;

(b) an employee given responsibility for fire safety matters in the workplace in question by such an employer;

(c) a person who has, by virtue of regulation 3(2), obligations in respect of the workplace in question under Part II of these Regulations; and

(d) any person who is an employee or agent of such a person as is referred to in sub-paragraph (c).

and for this purpose "at serious risk" means being subject to a risk of death or serious injury which is likely to materialise.

    (2) Any person guilty of an offence under this regulation shall be liable - 

(a) on summary conviction to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both.

the authority may serve on that person a notice (in these Regulations referred to as "an enforcement notice") which - 

(i) states that they are of that opinion and why;

(ii) specifies what steps they consider are necessary to remedy that failure;

(iii) requires that person to take steps to remedy the failure within such period from the date of service of the notice (not being less than 21 days) as may be specified in the notice; and

(iv) explains how, where, within what period and on what grounds an appeal may be brought against the enforcement notice and that the bringing of the appeal does not have the effect of suspending the operation of the notice, unless, on application, the court so directs.

    (2) Where a fire authority are of the opinion that a person's failure to comply with the workplace fire precautions legislation also extends to a workplace, or employees who work in a workplace, situated outside the area for which they perform the functions of fire authority, the notice served by them under paragraph (1) may include requirements concerning that workplace or those employees; but before including any such requirements the authority shall consult the fire authority for the area in which the workplace is situated.

    (3) Unless the risk to employees in case of fire is so serious that the service of an enforcement notice cannot be delayed, a fire authority shall, before serving an enforcement notice on a person - 

(a) give him a written notice of intent stating - 


(i) that the authority are proposing to serve the enforcement notice and the reasons why they are proposing to serve it;

(ii) what steps they consider are necessary to remedy his failure to comply with the workplace fire precautions legislation;

(iii) (where the authority propose to serve an enforcement notice which requires any alteration to a building) whether the authority have consulted or are consulting any person under paragraph (5) and, if so, the identity of that person and the reason for the consultation; and

(iv) that he may, within a period specified in the notice of intent, make written representations to the authority or, if he so requests, make oral representations to a person nominated by the authority;



(b) afford him an opportunity to make representations in accordance with the notice of intent (where he so requests making and giving effect to arrangements for him to make oral representations); and

(c) consider any representations which are duly made and not withdrawn.

    (4) Where, having considered any representations made by a person under paragraph (3), the authority decide to serve an enforcement notice on him, they shall give him a written statement of the reasons for their decision (which may be provided as part of the enforcement notice or as a separate document).

    (5) Before serving an enforcement notice which would oblige a person to make an alteration to a building, the fire authority shall consult - 

    (4) Where an appeal is brought under this regulation against an enforcement notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice unless, on the application of the appellant, the court so directs (and then only from the giving of the direction).

    (5) In this regulation "the court" means - 

(a) in England and Wales, a magistrates' court acting for the petty sessions area in which any relevant workplace is situated; and

(b) in Scotland, the sheriff within whose jurisdiction any relevant workplace is situated,

the court may, subject to paragraph (7), order that person to take that action.

    (2) Before making an application to the court under this regulation, a fire authority shall - 

(a) give the person against whom they are proposing to proceed a written notice of intent stating - 


(i) that the authority are proposing to make the application and the reasons why they are proposing to do so;

(ii) what steps they consider are necessary to remedy his failure to comply with the workplace fire precautions legislation;

(iii) (where the authority propose to seek an enforcement order which requires any alteration to a building) whether the authority have consulted or are consulting any person under paragraph (5) and, if so, the identity of that person and the reason for the consultation; and

(iv) that he may, within a period specified in the notice of intent, make written representations to the authority or, if he so requests, make oral representations to a person nominated by the authority;



(b) afford that person an opportunity to make representations in accordance with the notice of intent (where he so requests making and giving effect to arrangements for him to make oral representations); and

(c) consider any representations which are duly made and not withdrawn.

    (3) Where, having considered any representations made under paragraph (2), the authority decide to apply for an enforcement order against a person, they shall give him a written statement of the reasons for their decision.

    (4) Where a fire authority have served a written notice of intent under regulation 13(3) and have received representations made in response to that notice by the person concerned but consider, in the light of those representations or for any other reason, that it is appropriate to proceed by way of an application for an enforcement order rather than by way of an enforcement notice, the authority need not serve a written notice of intent under paragraph (2).

    (5) Before making any application to the court for an enforcement order which would oblige a person to make an alteration to a building, the fire authority shall consult - 

(a) such persons as they would have been required to consult under section 17 of the 1971 Act (duty of fire authorities to consult other authorities before requiring alterations to buildings) if, instead of intending to apply for an enforcement order, they had been proposing to issue an improvement notice under section 9D of that Act; and

(b) any other person whose consent to the alteration would be required by or under any enactment.

    (6) No failure on the part of a fire authority to - 

(a) issue a written notice of intent or receive or consider representations under paragraph (2);

(b) give reasons under paragraph (3);

(c) consult under paragraph (5); or

(d) give a written opinion under regulation 10(3),

shall make an application under this regulation void.

    (7) Where a fire authority have made an application to the court under this regulation without having first given the person proceeded against an opportunity to make representations, either under paragraph (2) or regulation 13(3), the court shall reject the application if it is of the view that that person has been materially prejudiced by the failure.

    (8) In this regulation "the court" means:

(a) in England and Wales, a county court; and

(b) in Scotland, the sheriff.

    (9) An application to the sheriff under this regulation shall be by summary application.

(a) article 8(1) and (2) of Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ No. L 183, 29.6.89, p. 1) ("the Framework Directive"); and

(b) article 6 of, together with paragraphs 4 and 5 of each of the annexes to, Council Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace (OJ No. L 393, 30.12.89, p. 1) ("the Workplace Directive"),

in so far as those provisions relate to fire precautions and in so far as more specific legislation does not make appropriate provision. In this note, those provisions, in so far as they relate to fire precautions, are referred to as "the substantive provisions".

The Regulations also give effect to certain other articles of the Framework Directive, in so far as they concern the substantive provisions (including article 10(1) and (2) of that Directive).

Part I
Part I of the Regulations makes preliminary provision.

Regulation 2 provides for the interpretation of the Regulations.

Part II
Part II of the Regulations sets out the requirements of the substantive provisions.

Regulation 3 provides that Part II applies to - 

(a) an employer, in respect of every workplace, other than an excepted workplace, to the extent it is under his control; and

(b) every person who has control of a workplace, other than an excepted workplace, to the extent of his control.

The excepted workplaces are listed in regulation 3(5) and comprise workplaces for which more specific fire safety requirements exist or which are excluded from the Directives.

Regulation 4 makes provision for fire-fighting and fire detection (implementing paragraph 5 of each of the annexes to the Workplace Directive and article 8(1) and (2) of the Framework Directive (in so far as they relate to fire precautions)).

Regulation 5 makes provision for emergency routes and exits in case of fire (implementing the first indent of article 6 of, and paragraph 4 of each of the annexes to, the Workplace Directive (in so far as they relate to fire precautions)).

Regulation 6 makes provision for maintenance of the workplace and safety devices (implementing the second and fourth indents of article 6 of the Workplace Directive (in so far as they relate to fire precautions)).

Part III
Part III of the Regulations amends the Management of Health and Safety at Work Regulations 1992 (S.I. 1992/2051) so as to extend certain of their requirements to encompass Part II of the Regulations.

The Management of Health and Safety at Work Regulations 1992 implement, for Great Britain, much of the Framework Directive. The following provisions of those Regulations, which derive from provisions of the Framework Directive which are ancillary to the substantive provisions, are extended directly, or (through an amendment to a definition) indirectly, so as to encompass Part II of the Regulations: regulations 3 (risk assessment), 4 (health and safety arrangements), 6 (health and safety assistance), 8 (information for employees), 9 (co-operation and co-ordination) and 10 (persons working in host employers' undertakings).

Part IV
Part IV of the Regulations makes provision for enforcement and offences.

Under regulation 10 fire authorities are given responsibility not only for enforcing the provisions of Part II of the Regulations but also a number of provisions of the Management of Health and Safety at Work Regulations 1992 so far as they extend to general fire precautions (as defined) in non-excepted workplaces. Together these provisions are referred to in the Regulations as "the workplace fire precautions legislation". The relevant provisions of the Management of Health and Safety at Work Regulations 1992 not only include those amended by Part III of the Regulations but also certain other provisions which extend to general fire precautions and implement provisions of the Framework Directive, namely regulations 7 (procedures for serious and imminent danger and for danger areas) and 11(2) and (3) (training). Regulation 9 disapplies the enforcement regime of the Health and Safety at Work etc. Act 1974 from these provisions of the Management of Health and Safety at Work Regulations 1992, to the extent fire authorities are given responsibility for them under the present Regulations.

Part IV distinguishes between serious breaches of the workplace fire precautions legislation and other breaches. Regulation 11 makes an intentional or reckless serious breach of that legislation a criminal offence. Regulation 13 enables a fire authority to issue enforcement notices in respect of serious breaches; regulation 14 provides for appeals against such enforcement notices; and regulation 15 makes breach of an enforcement notice a criminal offence. In the case of any breach (whether serious or not), regulation 16 enables a fire authority to apply to a court for an order requiring an employer to remedy the breach.

Regulation 12 extends section 10 of the Fire Precautions Act 1971 - which presently enables a fire authority to serve a prohibition notice to immediately close down an unsafe building or part of a building used as a place of work - to allow such notices to be issued in respect of places of work in movable structures and in the open air.

Part V
Part V of the Regulations makes further, consequential and miscellaneous provision.

Regulation 17 makes further and miscellaneous provision by applying a number of sections of the Fire Precautions Act 1971 for the purposes of the Regulations. These include: sections 21 and 22 (which create offences respectively of unauthorised disclosure of information and the making of false statements); and section 19 (conferring powers on inspectors).

Regulations 18, 19 and 20 make special provision for the application of the Regulations respectively to the Crown; to visiting forces, etc.; and to premises occupied by the UK Atomic Energy Authority. Regulation 21 amends two sets of Regulations dealing with employee consultation so as to extend them to cover certain requirements of Part II of the Regulations. Regulation 22 makes a consequential amendment to section 9A of the Fire Precautions Act 1971, so as to disapply it where Part II of the Regulations applies.