The fire-safety Legislation in
England, Wales, and Scotland places statutory responsibilities1
upon the enforcing authorities (typically the Fire & Rescue Service2).
It requires them to enforce the legislation3
whilst having regard to such guidance as the Secretary of State (for
England & Wales)4, or the
Scottish Ministers may give”5.
The combined effect of these elements is to give significant
statutory weight to the:
- CLG’s Guidance for England &
Wales, which “has been
approved by Ministers and has official status”6;
- Scottish Government’s Guidance, which
“constitute guidance given by the Scottish Ministers”7.
Whether for England & Wales, or for Scotland, these
requirements mean that all responsible persons should ensure that
they comply with the detailed guidance contained in the guides.
Your local fire officer is under a duty to consider the above
guides in his statutory duty of enforcing the
The guides have the effect of giving significant statutory significance to
British Standards too.
For example, the
CLG Guidance for Offices and Shops says at Section 8, a section
wholly devoted to quality assurance, that “Fire protection products
and related services should be...properly installed and maintained
in accordance with...the relevant British Standard”. Specific references to the various British Standards (e.g.
BS 5306, BS 5839,
BS 5266) are also made elsewhere in the
Other governmental guides have similar text.
For reference, we have provided links, correct at the time of
writing, to the guides above. Please refer to the
CLG (for England & Wales) or the
(for Scotland) for further and current details.
Article 26 of Part 3 of the Fire Safety Order;
61 of the Fire (Scotland) Act 2005.
- As set out at
Article 25 of Part 3 of the Fire Safety Order
61, paragraph (9) and
6 of the Fire (Scotland) Act 2005.
Article 26 of Part 3, paragraph (1) of the
Fire Safety Order; and
61, paragraph (1) of the Fire (Scotland) Act 2005.
Article 26 of Part 3, paragraph (2) of the
Fire Safety Order.
61, paragraph (2) of the Fire (Scotland) Act 2005.
- .Inside front cover,
series of guides: “Fire Risk Assessment”.
- Chapter 3,
series of guides: “Practical Fire Safety Guidance”. NB
References and text may vary from guide to guide.