I have put together a short article on what I see are the key differences, this may be handy for assessors, who like myself have to offer advice in both Countries. If anyone has any thing to add or disagree with, please say so! I am happy to update the document as comments come forward and then let other users having the final draft.
I have put together a short article on what I see are the key differences; this may be handy for assessors, who like myself have to offer advice in both Countries. If anyone has any thing to add or disagree with, please say so!
'RELEVANT PREMSIES', term only applicable to the Fire (Scotland) Act 2005
'PREMISES', term only applicable to the Regulatory Reform (Fire Safety) Order 2005
HOUSES IN MULTIPLE OCCUPATION
The Act in Scotland applies to Houses of Multiple Occupation as defined by the Civic Government (Scotland) Act 1982 (licensing of houses of multiple occupation).
For England and Wales, The order applies to the common parts only and is subject to dual control between the Housing Act 2004 and the Fire Safety Order.
RELEVANT PERSONS - "relevant persons" within the context of the Fire (Scotland) Act 2005
(a) any person who is or may be lawfully on the premises; and
(b) any person in the immediate vicinity of the premises who is at risk from a fire on the premises
RELEVANT PERSONS - "relevant persons" within the context of the Regulatory Reform (Fire Safety) Order 2005
(a) any person (including the responsible person) who is or may be lawfully on the premises; and
(b) any person in the immediate vicinity of the premises who is at risk from a fire on the premises
Note: the term ‘RESPONSIBLE PERSON’ - only exists within the Regulatory Reform (Fire Safety) Order 2005, and is NOT relevant to the Fire (Scotland) Act 2005.
In the Regulatory Reform (Fire Safety) Order 2005, "responsible person" means—
(a) in relation to a workplace, the employer, if the workplace is to any extent under his control;
(b) in relation to any premises not falling within paragraph (a)—
(i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or
(ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.
EMPLOYERS DUTY TO CARRY OUT A RISK ASSESSMENT, only applicable to Scotland (Section 53):
(1) Each employer shall ensure, so far as is reasonably practicable, the safety of the employer's employees in respect of harm caused by fire in the workplace.
(2) Each employer shall-
(a) carry out an assessment of the workplace for the purpose of identifying any risks to the safety of the employer's employees in respect of harm caused by fire in the workplace;
(b) take in relation to the workplace such of the fire safety measures as are necessary to enable the employer to comply with the duty imposed by subsection (1).
PERSON IN CONTROL OF THE PREMSIES - DUTY TO UNDERTAKE A RISK ASSESSMENT - relevant to Scotland only (section 54). For England and Wales see the term 'responsible person’ above.
(1) Where a person has control to any extent of relevant premises the person shall, to that extent, comply with item (2) listed above under employer’s duties.
(2) The person shall-
(a) carry out an assessment of the relevant premises for the purpose of identifying any risks to the safety of relevant persons in respect of harm caused by fire in the relevant premises; and
(b) take in relation to the relevant premises such of the fire safety measures as in all the circumstances it is reasonable for a person in his position to take to ensure the safety of relevant persons in respect of harm caused by fire in the relevant premises.
(3) If a person falls within subsection (1) – i.e. being the employer, other than by virtue of-
(a) having control to any extent of relevant premises in connection with the carrying on by the person (whether for profit or not) of an undertaking; or
(b) owning relevant premises, the person who owns the relevant premises shall also comply with subsection (2).
(4) A person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to-
(a) the maintenance or repair of-
(i) relevant premises; or
(ii) anything in relevant premises; or
(b) safety in respect of harm caused by fire in relevant premises shall also comply, to the extent of the obligation, with subsection (2).
(5) Where under subsection (2)(a) a person carries out an assessment, the person shall-
(a) in accordance with regulations under section 57, review the assessment; and
(b) take in relation to the relevant premises such of the fire safety measures as in all the circumstances it is reasonable for a person in his position to take to ensure the safety of relevant persons in respect of harm caused by fire in the relevant premises.
