UK Offence Report

Serious cases: offence

regulation 11(1) of The Fire Precautions (Workplace) Regulations 1997

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 A person shall be guilty of an offence if—

a being under

a requirement to do so, he fails to comply with any provision of the workplace fire precautions legislation;

b that failure places one or more employees at serious risk in case of fire; and

c that failure is intentional or is due to his being reckless as to whether he complies or not, and for this purpose “at serious risk” means being subject to

a risk of death or serious injury which is likely to materialise.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
failing to do something the instrument requires
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 11(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Not doing what the provision requires under the Fire Precautions (Workplace) Regulations 1997, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
28 July 1997
In force from
1 December 1997
Extent
E+W+S

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations (“the Regulations”) give effect in Great Britain to: a article 8(1) and (2) of Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ No. L 183, 29.6.89, p. 1) (“the Framework Directive”); and b article 6 of, together with paragraphs 4 and 5 of each of the annexes to, Council Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace (OJ No. L 393, 30.12.89, p. 1) (“the Workplace Directive”), in so far as those provisions relate to fire precautions and in so far as more specific legislation does not make appropriate provision. In this note, those provisions, in so far as they relate to fire precautions, are referred to as “the substantive provisions”. The Regulations also give effect to certain other articles of the Framework Directive, in so far as they concern the substantive provisions (including article 10(1) and (2) of that Directive). Part I of the Regulations makes preliminary provision. Regulation 2 provides for the interpretation of the Regulations. Part II of the Regulations sets out the requirements of the substantive provisions. Regulation 3 provides that Part II applies to— a an employer, in respect of every workplace, other than an excepted workplace, to the extent it is under his control; and b every person who has control of a workplace, other than an excepted workplace, to the extent of his control. The excepted workplaces are listed in regulation 3(5) and comprise workplaces for which more specific fire safety requirements exist or which are excluded from the Directives. Regulation 4 makes provision for fire-fighting and fire detection (implementing paragraph 5 of each of the annexes to the Workplace Directive and article 8(1) and (2) of the Framework Directive (in so far as they relate to fire precautions)). Regulation 5 makes provision for emergency routes and exits in case of fire (implementing the first indent of article 6 of, and paragraph 4 of each of the annexes to, the Workplace Directive (in so far as they relate to fire precautions)). Regulation 6 makes provision for maintenance of the workplace and safety devices (implementing the second and fourth indents of article 6 of the Workplace Directive (in so far as they relate to fire precautions)). Part III of the Regulations amends the Management of Health and Safety at Work Regulations 1992 (S.I. 1992/2051) so as to extend certain of their requirements to encompass Part II of the Regulations. The Management of Health and Safety at Work Regulations 1992 implement, for Great Britain, much of the Framework Directive. The following provisions of those Regulations, which derive from provisions of the Framework Directive which are ancillary to the substantive provisions, are extended directly, or (through an amendment to a definition) indirectly, so as to encompass Part II of the Regulations: regulations 3 (risk assessment), 4 (health and safety arrangements), 6 (health and safety assistance), 8 (information for employees), 9 (co-operation and co-ordination) and 10 (persons working in host employers' undertakings). Part IV of the Regulations makes provision for enforcement and offences. Under regulation 10 fire authorities are given responsibility not only for enforcing the provisions of Part II of the Regulations but also a number of provisions of the Management of Health and Safety at Work Regulations 1992 so far as they extend to general fire precautions (as defined) in non-excepted workplaces. Together these provisions are referred to in the Regulations as “the workplace fire precautions legislation”. The relevant provisions of the Management of Health and Safety at Work Regulations 1992 not only include those amended by Part III of the Regulations but also certain other provisions which extend to general fire precautions and implement provisions of the Framework Directive, namely regulations 7 (procedures for serious and imminent danger and for danger areas) and 11(2) and (3) (training). Regulation 9 disapplies the enforcement regime of the Health and Safety at Work etc. Act 1974 from these provisions of the Management of Health and Safety at Work Regulations 1992, to the extent fire authorities are given responsibility for them under the present Regulations. Part IV distinguishes between serious breaches of the workplace fire precautions legislation and other breaches. Regulation 11 makes an intentional or reckless serious breach of that legislation a criminal offence. Regulation 13 enables a fire authority to issue enforcement notices in respect of serious breaches; regulation 14 provides for appeals against such enforcement notices; and regulation 15 makes breach of an enforcement notice a criminal offence. In the case of any breach (whether serious or not), regulation 16 enables a fire authority to apply to a court for an order requiring an employer to remedy the breach. Regulation 12 extends section 10 of the Fire Precautions Act 1971—which presently enables a fire authority to serve a prohibition notice to immediately close down an unsafe building or part of a building used as a place of work—to allow such notices to be issued in respect of places of work in movable structures and in the open air. Part V of the Regulations makes further, consequential and miscellaneous provision. Regulation 17 makes further and miscellaneous provision by applying a number of sections of the Fire Precautions Act 1971 for the purposes of the Regulations. These include: sections 21 and 22 (which create offences respectively of unauthorised disclosure of information and the making of false statements); and section 19 (conferring powers on inspectors). Regulations 18, 19 and 20 make special provision for the application of the Regulations respectively to the Crown; to visiting forces, etc.; and to premises occupied by the UK Atomic Energy Authority. Regulation 21 amends two sets of Regulations dealing with employee consultation so as to extend them to cover certain requirements of Part II of the Regulations. Regulation 22 makes a consequential amendment to section 9A of the Fire Precautions Act 1971, so as to disapply it where Part II of the Regulations applies.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source