Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations (Northern Ireland) 2003

Amendments to the Fire Precautions (Workplace) Regulations (Northern Ireland) 2001

3.—(1) The Fire Precautions (Workplace) Regulations (Northern Ireland) 2001(1) shall be amended in accordance with the following paragraphs.

(2) In regulation 9(1) there shall be omitted the words “provisions of health and safety regulations or”.

(3) In regulation 9(2)(a)(ii), for the words “premises to which” there shall be substituted the words “premises of a description specified in Part I of Schedule 1 to” and the word “apply” shall be omitted.

(4) For head (ii) of regulation 9(2)(b) there shall be substituted the following head –

“(ii) have effect in relation to a workplace in Northern Ireland other than –

(a) an excepted workplace, or

(b) any workplace referred to in paragraphs (i) and (ii) of paragraph (2)(a), other than a building on the surface at a mine,”.

(5) After regulation 9(2) there shall be inserted the following paragraph –

“(2A) Notwithstanding that the provisions of Part II are not provisions forming part of the relevant statutory provisions, the provisions of Part II shall, in so far as they apply to any workplace referred to in paragraphs (i) and (ii) of paragraph (2)(a) other than a building on the surface at a mine, be deemed to be health and safety regulations for the purposes of Articles 18 to 26, 28, 30, 31 to 37, 39 and 43 of the 1978 Order.”.

(6) After regulation 9 there shall be inserted the following regulation –

“Civil liability for breach of statutory duty

9A.— (1) Subject to paragraph (2), breach of a duty imposed on an employer by the workplace fire precautions legislation shall, so far as it causes damage, confer a right of action in civil proceedings.

(2) Breach of a duty imposed on an employer by the workplace fire precautions legislation shall not confer a right of action in civil proceedings in so far as that duty applies for the protection of persons not in his employment.”.

(7) In regulation 16 –

(a) in paragraph (2) sub-paragraph (g) shall be omitted;

(b) after paragraph (5) there shall be inserted the following paragraph –

“(6) Insofar as Part II contains any provision which is made under the 1984 Order, Article 44A of the 1984 Order shall not apply in respect of any contravention of such provision.”.

(1)

S.R. 2001 No. 348