Who is responsible

[lyledunn]

I often deal with committees, for example the committee of a sports club, social club or charitable organization. Can you advise if the "responsible person" or as it is here in NI, the "appropriate person" is the only person who would be pursued in the event of a breach of fire safety legislation even where it seems clear that the committee has overarching responsibility?

[wee brian]

Cant speak for NI but I suspect its similar.

You need to first understand that "person" is a term in law that includes, individuals and bodies corporate.

so more often than not, the RP is the organisation, not a human being.

Sometimes the organisation has proper procedures and policies etc but an individual human being has done something that they shouldn't have. in which case that human being can sometimes be prosecuted. The FSO has a few provisions that allows the enforcer to go after the most appropriate person, its one of the good things about the way the order is drafted.

[Golden]

I was doing some research on enforcement in schools recently and found this case where it is reported that the governors were named as the RP - not sure how accurate this is but here's the info.

http://www.bucksfreepress.co.uk/news/4586945.School_fined_after_admitting_fire_safety_breaches/

http://www.cfoa.org.uk/15251?pv=view&id=61

[Tom Sutton]

From previous discussions on this matter it appears in a limited company, its the body corporate and contact is via the company secretary. Managers could be considered as Persons having control art 5(3) as well as as other people, it would depend on the circumstances.

http://fire.org.uk/forum/index.php?topic=3022.0

Who has their hands on the purse strings?

[Martin]

In a school (see Bucks Free Press reference in earlier post) the RP is the employer often a local authority. In academies and some church schools the employers are the school governors as a body. Hence prosn. of governors as employer, and therefore the RP for a church school, by Bucks FRS.

In clubs and the like if there is employment it will be the employer.