The Fire Precautions (Workplace) Regulations 1997

Enforcement

10.—(1) It shall be the duty of every fire authority to enforce within their area the workplace fire precautions legislation.

(2) A fire authority may perform their functions under these Regulations through inspectors appointed by them pursuant to section 18(1) of the 1971 Act.

(3) Subject to paragraph (4), where such an inspector, or an officer of a fire brigade acting under section 20 of the 1971 Act as applied by regulation 17, expresses to a relevant person any opinion to the effect that that person or (as the case may be) his employer or principal is in breach of the workplace fire precautions legislation in respect of any workplace, then, if that person requests that such an opinion be put in writing, the inspector or (as the case may be) officer shall, as soon as practicable, give to that person or (where the opinion concerns his employer or principal) his employer or principal a written opinion which explains—

(a) the breach of the workplace fire precautions legislation; and

(b) what action could be taken to remedy it.

(4) No written opinion need be given under paragraph (3) if a written notice of intent under regulation 13(3) or 16(2), or an enforcement notice under regulation 13(1), is issued in respect of the relevant breach.

(5) For the purposes of paragraph (3), a “relevant person” is—

(a) an employer who has, by virtue of regulation 3(1), obligations in respect of the workplace in question under Part II of these Regulations;

(b) an employee given responsibility for fire safety matters in the workplace in question by such an employer;

(c) a person who has, by virtue of regulation 3(2), obligations in respect of the workplace in question under Part II of these Regulations; and

(d) any person who is an employee or agent of such a person as is referred to in sub-paragraph (c).

(6) In sections 24 and 33(1) of the Fire Services Act 1947 (which authorise the appointment of inspectors and the holding of inquiries for obtaining information as to the performance by fire authorities of their functions under that Act) the references to that Act shall be read as including references to these Regulations.

(7) Nothing in this regulation shall be taken to authorise a fire authority in Scotland to institute proceedings for any offence.