| 1)
Where a fire authority are of the opinion that |
a)
a person, being under an obligation to do so, has failed to comply with any provision
of the workplace fire precautions legislation in respect of a workplace, or employees
who work in a workplace, situated in the area for which they perform the functions
of fire authority; |
| the
authority may serve on that person a notice (in these Regulations referred to
as "an enforcement notice") which - |
i)
states that they are of the opinion and why: |
ii)
specifies what steps they consider are necessary to remedy that failure; |
iii)
requires that person to take steps to remedy the failure within such a period
from the date of service of the notice (not being less than 21 days) as may be
specified in the notice; and |
iv)
explains how, where within what period and on what grounds an appeal may be brought
against the enforcement notice. |
| 2)
Where a fire authority are of the opinion that a person's failure to comply with
the workplace fire precautions legislation also extends to a workplace, or employees
who work in a workplace, situated outside the area for which they perform the
functions of fire authority, the notice served by them under paragraph (1) may
include requirements concerning that workplace or those employees; but before
including any such requirements the authority shall consult the fire authority
for the area in which the workplace is situated. |
| 5)
Before serving an enforcement notice which would oblige a person to make alteration
to a building or structure, the fire authority shall consult -
|
a)
such persons as they would have been required to consult under section 17 of the
1971 Act (duty of fire authorities to consult other authorities before requiring
alterations to buildings) if the proposed enforcement notice has been an improvement
notice proposed to be issued under section 9D of that Act(a); and |
aa)
in the case of a building or structure in England or Wales in relation to all
or any part of which an initial notice given under section 47 of the Building
Act 1986 is in force, the approved inspector who gave the initial notice; |
ab)
in the case of a workplace which is, includes or forms part of - |
i)
a designated sports ground, or |
ii)
a sports ground at which there is a regulated stand, the local authority, and
in this sub-paragraph "sports ground", designated sports ground"
and "local authority" have the same meaning as in the Safety of Sports
Grounds Act 1975 and "regulated stand has the same meaning as in the Fire
Safety and Safety of Places of Sport Act 1987; and |
b)
any person whose consent to the alteration would require by or under any enactment. |
| 6)
Where an enforcement notice has been served - |
a)
the fire authority may withdraw the notice at any time before the end of the period
specified in the notice; and |
b)
if an appeal against the notice is not pending, the fire authority may extend
or further extend the period specified in the notice. |
| 8)
Without prejudice to the power of the court to cancel or modify an enforcement
notice under regulation 14, no failure on the part of a fire authority to consult
under paragraph (2) or (5) shall make an enforcement notice void. |
| |
| Section
Index |