Regulatory Reform (Fire Safety) Order 2004

[Simon Morriss]

For my sins I am reviewing the document published by "Jonny Two Jags" to present to the management.

Looking at the final section which details what peices of current legislation will be altered or removed I can not find any mention of the Fire Precautions (Workplace) as ammeded regs.

My question is what influence will this order have on this bit of legislation? :rolleyes:

Also what is the significant of calling it an "Order" and not regulation?

[AnthonyB]

That's strange, the last draft I saw repealed virtually everything fire related ever published, including the FP(W)R and the FPA as that was the whole point of it.

I presume it is an Order rather than a Regulation as it repeals an Act of Parliament - a regulation is normally made under an Act and thus cannot remove it - no doubt some archaic piece of Parliamentary Law phraseology

[Guest]

An order is certainly not an archaic piece of parliamentary law phraseology, as they derive from the Regulatory Reform Act 2001. For further info check http://www.parliament.uk/parliamentary_committees/regulatory_reform_committee.cfm

[Simon Morriss]

AnthonyB

I down loaded this document from ODPM web site and wvwn though the Fire precautions in not mentioned I am sure the words are lifted from it.

Also when looking at the section on "Ammendments to Primary and secondate Legislation" it is not mentioned here.  Only the FP act of 1974 has mentioned and here it is withdrawn.

Simon

[Guest]

Biker boy

See Schedule 5- Revocations on page 62...

You had me worried there for a minute.

Additionally an 'order' has exactly the same legislative weight as an 'Act'.
Having said that there are plently of other things wrong with it...

[Simon Morriss]

Thanks James

I didn't see that

Simon

[wee brian]

If you are looking at the order from a Brigade point of view. One thing you will want to think about is the use of alterations notices.

These give the Brigade a powere to require the responsible person to notify the brigade whenever the building/risk is changed in some way.

As I understand it the idea is that you can move the building up you list of places to visit.

You can also require that such notifications come with a copy of the risk assessment.

The number of these notices a brigade issues is up to you. But if you give them out willy nilly (if that's how you spell it) you may find yourself buried in paper.

[Simon Morriss]

I am coming from a commercial point of view so it was interesting to see that you can be served with one of three notices which is different to the HSE inspectors.  

I presume you are talking about the Alteration Notice.  Do you know when or why an alteration notice would be served?

Also I am please to see that the provision has been given the same stature as the safety advisor in the managament regulation.  This will make some employers sit up a think a bit!

Simon

[wee brian]

The idea is that it replaces the "necessary protection" offered by the Fire Precautions Act whihc required certificated premises to notify the Brigade before altering the building.

They can be issued by a brigade if they think its a good idea. The intention is to pick up buildings where the design is, in some way, sensitive to change. Of course nobody knows how many will be served.