UK Offence Report

1 It is an offence for any responsible person or any other person mentioned in article 5(3) to— a fail to…

article 32(1) of The Regulatory Reform (Fire Safety) Order 2005

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 It is an offence for any responsible person or any other person mentioned in article 5(3) to— a fail to comply with any requirement or prohibition imposed by articles 8 to 22 and 38 (fire safety duties) where that failure places one or more relevant persons at risk of death or serious injury in case of fire; b fail to comply with any requirement or prohibition imposed by regulations made, or having effect as if made, under article 24 where that failure places one or more relevant persons at risk of death or serious injury in case of fire; c fail to comply with any requirement imposed by article 29(3) or (4) (alterations notices); d fail to comply with any requirement imposed by an enforcement notice; e fail, without reasonable excuse, in relation to apparatus to which article 37 applies (luminous tube signs)— i to ensure that such apparatus which is installed in premises complies with article 37 (3) and (4); ii to give a notice required by article 37(6) or (8), unless he establishes that some other person duly gave the notice in question; iii to comply with a notice served under article 37(9).

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 This is the text as originally made; later amendments are not shown here.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 responsible person
Conduct
failing to comply with a notice or direction
Fault element
Mixed — some elements strict, some not
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove the conduct, and - for those elements the provision qualifies - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses so far as is reasonably practicable, reasonably practicable; which element that governs was not determined; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

h any requirement imposed by an enforcement notice; e fail, without reasonable excuse, in relation to apparatus to which article 37 applies (luminous tube signs)— i to ensure that such apparatus which is installed in premises complies with article 37 (3) and (4); ii to give a notice required by article 37(6) or (8), unless he establishes that

What would breach article 32(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. Being served with a notice under the Regulatory Reform (Fire Safety) Order 2005 and doing nothing by the date it specifies.
  2. Doing part of what the notice requires, where it required all of it.
  3. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

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

The Ministry of Justice records offences under this instrument against offence code 8507 — 08507 - Triable either way offences under Regulatory Reform (Fire Safety) Order 2005. That code may cover several provisions of the instrument, so a count against it is not a count of prosecutions under this provision alone.

No published per-offence figure was found for this provision. Offences created by statutory instrument very largely do not have their own code in the MoJ’s Outcomes by Offence data tool. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
7 June 2005
In force from
Not determined
Extent
E+W

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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order reforms the law relating to fire safety in non-domestic premises. It replaces fire certification under the Fire Precautions Act 1971 with a general duty to ensure, so far as is reasonably practicable, the safety of employees, a general duty, in relation to non-employees to take such fire precautions as may reasonably be required in the circumstances to ensure that premises are safe and a duty to carry out a risk assessment. The Order imposes a number of specific duties in relation to the fire precautions to be taken. The Order provides for the enforcement of the Order, appeals, offences and connected matters. It amends or repeals other primary legislation concerning fire safety to take account of the new system and provides for minor and other consequential amendments, repeals and revocations. The Order also gives effect in England and Wales to: a Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work (O.J. No. L 183, 29.6.89, p. 1) (“the Framework Directive”) (except for provisions on accident reporting (article 9(1)(c) and (d) and (2)), employment protection rights (articles 7(2), 8(4) and (5) and 11(4)), and use of personal protective equipment (article 13(2)(b))); b Council Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (O.J. No. L 206, 29.7.91, p. 19) (“the Temporary Workers' Directive”) (except for provisions on the responsibility of host undertakings to temporary workers (article 8)); c article 6 of, together with paragraphs 4 and 5 each of the annexes to, Council Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace (O.J. No. L 393, 30.12.89, p. 1) (“the Workplace Directive”); d articles 6 and 7 of Council Directive 94/33/EC (O.J. No. L216, 20.8.94, p.12) on the protection of young people at work; e Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (O.J. No. L 131, 05.05.98, p. 11 ) (“the Chemical Agents Directive”); and f Council Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (O.J. No. L 23, 28.01.00, p. 57) (“the Explosive Atmospheres Directive”), in so far as those provisions relate to general fire precautions to be taken by employers and in so far as more specific legislation does not make appropriate provision. The Order applies to all non-domestic premises other than those listed in article 6. The main duty-holder is the “responsible person” in relation to the premises, defined in article 3. The duties on the responsible person are extended to any person who has, to any extent, control of the premises to the extent of their control (article 5). Part 2 imposes duties on the responsible person in relation to fire safety in premises. Article 23 imposes various duties on employees. Article 24 gives the Secretary of State power to make further regulations about fire precautions. Part 3 provides for enforcement. The enforcing authority is defined in article 25 and article 26 imposes a duty on the authority to enforce the Order. Articles 27 and 28 set out the powers of inspectors. Articles 29 to 31 provide for the service of alterations, enforcement and prohibition notices in certain circumstances. Part 4 (articles 32 to 36) provides for offences and appeals. Part 5 (articles 37 to 53) provides for miscellaneous matters including fire-fighters' switches for luminous tube signs (article 37), maintenance of measures provided to the ensure the safety of fire-fighters (article 38), civil liability for breach of statutory duty by an employer (article 39), special requirements for licensed premises (article 42) and consultation by other authorities (article 46). Schedule 1 sets out the matters to be taken into account in carrying out a risk assessment (Parts 1 and 2), the general principles to be applied in implementing fire safety measures (Part 3) and the special measures to be taken in relation to dangerous substances (Part 4). Schedule 2 amends various enactments, including amendments to limit the scope for other public authorities to attach conditions to licences in respect of fire precautions to be taken in premises and amendments to local acts to remove reference to fire safety. The remaining amendments in Schedule 2 and those in 3 are minor or consequential. Schedules 4 and 5 contain repeals and revocations. A regulatory impact assessment has been prepared in respect of this Order. A copy may be obtained from the Office of the Deputy Prime Minister, Fire Legislation, Safety and Personnel Division, Fire Safety Legislation Branch, Zone 17C, Portland House, Stag Place, London SW1E 5LP.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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