Do You have paying guests?

[K Lard]

Does any one know if the above guide is guidance issued under Article 50 of the RRFSO? (Methinks it is - cos the Secretary of State has his fizzog in it - but I am not sure).

[kurnal]

I suggest it must be, it appears to meet every aspect of the Fire Safety Order as defined. It is not spelled out as such in precise terms but neither is the guidance in the other published guides.

This is what the order says:-
Guidance

50.(1) The Secretary of State must ensure that such guidance, as he considers appropriate, is available to assist responsible persons in the discharge of the duties imposed by articles 8 to 22 and by regulations made under article 24.

(2) In relation to the duty in paragraph (1), the guidance may, from time to time, be revised.

(3) The Secretary of State shall be treated as having discharged his duty under paragraph (1) where

(a)guidance has been made available before this article comes into force; and
(b)he considers that the guidance is appropriate for the purpose mentioned in paragraph (1).

I rest my case M'lud

[colin todd]

Article 50 is past its sell by date.  It was only relevant prior to the Order coming onto force.

[kurnal]

Article 50 is past its sell by date.  It was only relevant prior to the Order coming onto force.

Even this bit?


(2) In relation to the duty in paragraph (1), the guidance may, from time to time, be revised.

[K Lard]

Article 50 is past its sell by date.  It was only relevant prior to the Order coming onto force.

Eric Pickles doesn't seem to think so - on the publication of the Flats Guidance he stated that "The guidance is available on both the Local Government Associations website and on the fire safety pages of the Governments website. This fulfils my duty (under article 50 of the Fire Safety Order) to ensure that such guidance as I consider appropriate is available to assist responsible persons to discharge their duties under the Fire Safety Order."

[colin todd]

It may be revised. It doesn't have to be.  the guidance had to be available before the FSO could take effect.

[wee brian]

Just to clarify. Guidance isn't issued under this article.

The Secretary of State, must ensure it is available. Its can be produced by anybody.

So Mr Clarke says "is there guidance available" and we say to him "yes, Look there it is on the Interweb etc."

[kurnal]

I think the OP is interested in the legal status of such guidance that can be issued by anybody and how far  compliance with such guidance could be used a legal defence, especially  where it might be at variance with other guidance published by others. Of course we must remember the risk assessment rules and that the RP cannot avoid ultimate responsibility for the technical solution adopted.....

[wee brian]

The SofS has a duty to ensure there is some guidance, but no guidance has any statutory status (under the Order) other than the guidance that is given to enforcing authorities.

Saying that. The defence of "due diligence" is going to be a lot easier to prove if you've done what it says in a book with "Government" written on it.

[K Lard]

Thanks for all the replies - I believe that I understand now! 

[Messy]

Thanks for all the replies - I believe that I understand now! 

I am glad you do