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Enforcement and sanctions for non-compliance in Fire Safety - Our Summary

The Regulatory Reform (Fire Safety) Order 2005 (as amended) and the Fire Safety (England) Regulations 2022

If you are looking for a synopsis of The Regulatory Reform (Fire Safety) Order 2005 (as amended) and the Fire Safety (England) Regulations 2022 here's our quick summary of the document.

The document provides guidance on the enforcement and sanctions applicable to non-compliance with fire safety regulations in England and Wales, focusing on the Regulatory Reform (Fire Safety) Order 2005 and the Fire Safety (England) Regulations 2022. Here's a summary of it's key sections:

  1. About this Guide: It clarifies the intended audience and purpose of the document, stating it's not intended as statutory guidance but aims to explain enforcement procedures and sanctions.

  2. What the law requires: Emphasizes the responsibility of the "Responsible Person" under the fire safety legislation to comply with regulations and the limitations of Enforcing Authorities (EAs) regarding fire risk assessments.

  3. How is the Legislation Enforced?: Outlines that EAs (such as local fire and rescue authorities) are responsible for enforcing fire safety legislation. It discusses audits, principles of enforcement aligned with the Regulators' Code, and options for enforcement actions.

  4. Powers of Inspecting Officers: Highlights the powers of inspectors, including entry to premises, inquiries to determine compliance, and requesting assistance or records.

  5. Non-statutory verbal advice: Describes instances where minor breaches may result in inspectors providing verbal advice to the Responsible Person.

  6. Non-statutory notices: Discusses instances of more significant breaches, leading to the issuance of non-statutory notices outlining breaches and suggested remedial actions.

  7. Statutory notices: Explores three types of statutory notices - enforcement, prohibition, and alterations notices - their purpose, impact, and legal implications.

  8. Appeals against statutory notices: Provides information on the appeal process against statutory notices, including the suspension of notices during the appeal period.

  9. Prosecution: Discusses potential offences and penalties for non-compliance with fire safety legislation, including fines and imprisonment.

  10. Who can be prosecuted?: Details circumstances under which companies or individuals can face prosecution and the roles liable for compliance.

  11. Defences: Explains the defence available to prove due diligence to avoid committing an offence, along with exceptions to this defence in specific situations.

This document essentially serves as a guide for Responsible Persons and entities subject to fire safety legislation, outlining enforcement procedures, notices, legal implications, and potential defences or appeals related to non-compliance.



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