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PART III N.I.FIRE SAFETY

CHAPTER IN.I.FIRE SAFETY DUTIES

Special caseN.I.

Special case: temporary suspension of fire safety dutiesN.I.

32.—(1) If in relation to any relevant premises the application of any of the fire safety duties would prevent a person who falls within paragraph (2) from carrying out his operational duties, the fire safety duties in question shall be deemed not to apply in relation to those relevant premises during the period when he is carrying out his operational duties.

(2) A person falls within this paragraph if he is–

(a)a member of the armed forces of the Crown or of a visiting force;

(b)a constable;

(c)a member of any emergency service; or

(d)of such other description as may be prescribed.

(3) A person subject to the fire safety duties which, by virtue of paragraph (1) are deemed not to apply in relation to relevant premises shall, during the period mentioned in that paragraph, ensure so far as is possible the safety of relevant persons in the event of fire in those premises.

(4) For the purposes of this Article, “operational duties”, in relation to a person falling within paragraph (2), means anything done–

(a)while the person is at work in the capacity in which he falls within that paragraph; and

(b)which the person is required to do by virtue of being at work in that capacity.