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Offline MrH

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« on: June 06, 2007, 11:42:41 AM »
Probation services, have they crown immunity? and thereforre not under FSO

Offline afterburner

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« Reply #1 on: June 06, 2007, 01:04:58 PM »
From 'A short guide to the Regulatory Reform Fire Safety Order 2005 in custodial premises'

"There is no Crown immunity or exemption from the duty to comply"

If Probation Services are part of the Justice System they are Crown Property /use. However the duty to comply is as stated.

Offline CivvyFSO

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« Reply #2 on: June 06, 2007, 01:26:27 PM »
Indeed. RRFSO applies but crown inspectors enforce in these premises not the FRS. Where they say 'Fire Inspector' they mean a crown fire inspector.

There is something written into the RRFSO in Article 7(5) whereby parts of article 14 do not apply in relation to prisons etc.  

Also "Nothing in this order authorises proceedings to be brought against Her Majesty in her private capacity."

So... Erm... It applies, but can anyone do anything about it?

Midland Retty

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« Reply #3 on: June 06, 2007, 02:47:45 PM »
Yes these types of premises would be dealt with under the RR(FS)O by the Office of the Cheif Fire and Rescue Service Adviser (previously the "Crown premises inspection group"

For more information visit the Comm and Local government Website which describes how to get in contact with the department.

messy

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« Reply #4 on: June 06, 2007, 08:35:24 PM »
Quote from: CivvyFSO
There is something written into the RRFSO in Article 7(5) whereby parts of article 14 do not apply in relation to prisons etc.
This is also the case with custody areas of Police Stations (they're not too keen on simple fastenings, green box overrides and 'exit' signs!!!!)

Offline The Colonel

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« Reply #5 on: June 06, 2007, 09:59:17 PM »
A former collegue is just about to start a 3 year secondment from his current FRS to DCLG doing just what you are talking about such as prisons etc and some not so well known government or agency establishments.

Offline afterburner

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« Reply #6 on: June 07, 2007, 08:47:09 AM »
Scottish dimension,
the Fire (Scotland) Act 2005 (equivalent to RRO) applies fully to Prisons. The only exemptions are that places of lawful detention are allowed to lock doors, and Enforcing Officers (HM Inspectors) have slight limitations on their 'rights of entry'.  
The Act and the Fire Safety (Scotland) Regulations 2006 applies, and is enforced in prisons and courts. I have no idea who enforces the legisaltion with regard to Police Station cells.

Offline val

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« Reply #7 on: June 08, 2007, 07:40:06 PM »
In the medium term, the principle of removing Crown immunity has been accepted. (Apart from some very scary places and Buck House, etc).

In the short term, Fire and Rescue Services will be given the audit and inspection role in 'Crown Premises' but will have to recomend to the Chief Fire and Rescue Services Advisory group to serve notices etc.