Hi all, before this thread descends into "feet odour problem" chaos, can I add my 3pence worth - I do have some knowledge of Crown & Armed Forces premises.
Firstly, All the RR(FS)O guides will quote the following statement in the preface: (direct quote)
"Who enforces the Fire Safety Order?
The local fire and rescue authority (the fire and rescue service) will enforce the
Order1 in most premises. The exceptions are:
• Crown-occupied/owned premises where Crown fire inspectors will enforce;
• premises within armed forces establishments where the defence fire and rescue
service will enforce;
• certain specialist premises including construction sites, ships (under repair or
construction) and nuclear installations, where the HSE will enforce; and
• sports grounds and stands designated as needing a safety certificate by the local
authority, where the local authority will enforce."
Secondly, within MoD or Armed Forces premises, the Defence Fire & Rescue Service operate a fire safety management plan method of risk assessment that is designed to identify and mitigate risk to life, the document came into force under the workplace regs 1997, (as amended 1999) and was re-written to embrace the requirements of the RR(FS)O in 2006.
My personal take on this is that although Crown cannot prosecute Crown etc, an individual Crown employee is still liable to prosecution if negligence can be proved, (this has been the case since 1974 under HASAW Act), however, vicarious liability can also be directed upwards to include the Head of Establishment, (the Colonel of the Regiment for example) if it is proved that he/she has not taken cogniscance or discharged his/her responsbilities under the RR(FS)O with due diligence.
As for the original question about letting out Crown property, yes this is a grey area as some defence estates management agencies will lease buildings under a locally written contract, some will offer peppercorn rents for a couple of years to allow the lessee/occupier to bring the building up to a standard commensurate to current legislation, Im unsure as to how this contract will stand in a robust application of the RR(FS)O, however it is an established custom & practice. In premises where MoD or military personnel are employed the RR(FS)O is enthusiastically enforced. Hope this helps
