The Fire and Rescue Services (Northern Ireland) Order 2006

• Citation: S.I. 2006/1254 (N.I.)
• Sections: 125

Section 1 Title and commencement

(1) This Order may be cited as the Fire and Rescue Services (Northern Ireland) Order 2006.

(2) This Article and Article 2 shall come into operation on the expiration of seven days from the day on which this Order is made.

(3) The remaining provisions of this Order shall come into operation on such day or days as the Department may by order appoint.

Section 2 Interpretation: general

(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order–

“ the appointed day ” means the day appointed under Article 1(3) for the coming into operation of Article 3;

“ the Board ” has the meaning given by Article 3(1);

“ the Department ” means the Department of Health, Social Services and Public Safety;

“ equipment ” includes uniform and any article of apparel properly used by a fire and rescue officer in the execution of his duty;

“ extinguishing ”, in relation to a fire, includes containing and controlling;

“ fire and rescue officer ” means a person employed, trained and equipped as such by the Board for the purpose of carrying out any of the functions conferred on the Board by virtue of this Order or any other statutory provision;

“ offshore installation ” means any installation which is intended for underwater exploitation of mineral resources or exploration with a view to such exploitation;

“ prescribed ” means prescribed by regulations made by the Department;

“ statutory provision ” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

(3) For the purposes of this Order, section 24 of the Interpretation Act (Northern Ireland) 1954 (c. 33) (service of documents by post) applies with the omission from subsection (1) of the word “registering”.

Section 3 The Northern Ireland Fire and Rescue Service Board

(1) There shall be a body corporate to be known as the Northern Ireland Fire and Rescue Service Board (in this Order referred to as “ the Board ”).

(2) The Board shall be the fire and rescue authority for Northern Ireland.

(3) Schedule 1 (which makes further provision about the Board) shall have effect.

(4) The Fire Authority for Northern Ireland is hereby dissolved.

(5) Schedule 2 (which contains provisions for the transfer of the functions, assets, liabilities and staff of the Fire Authority for Northern Ireland to the Board and other supplementary provisions) shall have effect.

Section 4 Fire safety

(1) The Board shall make provision for the purpose of promoting fire safety.

(2) In making provision under paragraph (1) the Board shall in particular, to the extent that it considers it reasonable to do so, make arrangements for–

(a) the provision of information, publicity and encouragement in respect of the steps to be taken to prevent fires and death or injury by fire; and

(b) the giving of advice, on request, about–

(i) how to prevent fires and restrict their spread in buildings and other property; and

(ii) the means of escape from buildings and other property in the event of fire.

Section 5 Fire-fighting

(1) The Board shall make provision for the purpose of–

(a) extinguishing fires; and

(b) protecting life and property in the event of fires.

(2) In making provision under paragraph (1) the Board shall in particular–

(a) secure the provision of personnel, services and equipment;

(b) secure the provision of training for personnel;

(c) make arrangements for dealing with calls for help and for summoning personnel;

(d) make arrangements for obtaining information required or likely to be required for the purpose mentioned in paragraph (1); and

(e) make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose mentioned in paragraph (1).

Section 6 Road traffic accidents

(1) The Board shall make provision for the purpose of–

(a) rescuing persons in the event of road traffic accidents; and

(b) protecting persons from serious harm, to the extent that it considers it reasonable to do so, in the event of road traffic accidents.

(2) In making provision under paragraph (1) the Board shall in particular–

(a) secure the provision of personnel, services and equipment;

(b) secure the provision of training for personnel;

(c) make arrangements for dealing with calls for help and for summoning personnel;

(d) make arrangements for obtaining information required or likely to be required for the purpose mentioned in paragraph (1); and

(e) make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose mentioned in paragraph (1).

Section 7 Emergencies

(1) The Department may by order confer on the Board functions relating to emergencies, other than fires and road traffic accidents in relation to which the Board has functions under Article 5 or 6.

(2) An order under this Article may make provision as to what the Board shall or may do for the purpose of a function conferred under this Article, and may in particular require or authorise the Board–

(a) to secure the provision of personnel, services and equipment;

(b) to secure the provision of training for personnel;

(c) to make arrangements for dealing with calls for help and for summoning personnel;

(d) to make arrangements for obtaining information required or likely to be required for the purpose of carrying out the function; and

(e) to make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from carrying out the function.

(3) Before making an order under this Article the Department shall consult the Board and any other persons it considers appropriate.

Section 8 Power to respond to other eventualities

(1) The Board may take any action it considers appropriate–

(a) in response to an event or situation of a kind mentioned in paragraph (2); or

(b) for the purpose of enabling action to be taken in response to such an event or situation.

(2) The event or situation is one that causes or is likely to cause–

(a) a person to die, be injured or become ill; or

(b) harm to the environment (including the life and health of plants and animals and the fabric of buildings).

(3) The power conferred by paragraph (1) includes power to secure the provision of equipment.

Section 9 Powers of Board in relation to external matters

(1) The Board may liaise, co-operate and enter into arrangements with relevant persons outside Northern Ireland.

(2) In paragraph (1), “ relevant persons ” means persons carrying out functions which correspond to any of those of the Board or the Department under this Order.

Section 10 General powers of the Board

The Board may–

(a) provide such accommodation for its employees as it considers appropriate to enable it to carry out its functions under this Order;

(b) pay to any persons who render services in connection with the carrying out of functions under this Order such rewards as it thinks fit, which in the case of a fire and rescue officer may be in addition to the remuneration of any such officer; and

(c) use fire and rescue officers or any fire engine, appliance or equipment for such purposes as it considers appropriate.

Section 11 Acquisition and disposal of land by the Board

(1) The Board may acquire, hold and dispose of land for the purpose of carrying out its functions under this Order.

(2) The power of the Board to acquire land includes power to acquire it compulsorily in accordance with paragraphs (3) and (4).

(3) Where the Board proposes to acquire land compulsorily, it may apply to the Department for an order (“a vesting order”) vesting such land in the Board and, subject to paragraph (4), the Department shall have power to make such a vesting order.

(4) Schedule 6 to the Local Government Act (Northern Ireland) 1972 (c. 9) shall apply for the purposes of the acquisition of land by means of a vesting order made under paragraph (3) in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act subject to the following modifications–

(a) for any reference to the council there shall be substituted a reference to the Board;

(b) for any reference to the Department concerned there shall be substituted a reference to the Department;

(c) for any reference to that Act there shall be substituted a reference to this Order;

(d) in paragraph 6(2) for the words from “the fund” onwards there shall be substituted “ funds of the Board (in this Schedule referred to as ” the compensation fund “), and shall be discharged by payments out of the compensation fund.”; and

(e) in paragraph 12(2) for “the clerk of the council” there shall be substituted “ such person as may be designated for the purposes of this Schedule by the Board ” .

Section 12 Arrangements with others for assistance

(1) Subject to paragraph (2), the Board may enter into arrangements with a person for securing the provision by that person of assistance for the purpose of the carrying out by the Board of a function conferred on it under Articles 4 to 8 or 33.

(2) The Board may only enter into arrangements with a person under paragraph (1) for the securing of assistance for the purpose of extinguishing fires if the person employs fire-fighters.

(3) Arrangements under this Article may include provision as to the terms on which assistance is to be provided (including provision as to payment).

Section 13 Arrangements for carrying out of functions by others

(1) Subject to paragraph (2), the Board may enter into arrangements with a person for the carrying out to any extent by that person of a function conferred on the Board under Articles 4 to 8 or 33.

(2) The Board may only enter into arrangements with a person under paragraph (1) in relation to its function of extinguishing fires if the person employs fire-fighters.

(3) Arrangements under this Article may include provision as to the terms on which any function is to be carried out (including provision as to payment).

Section 14 Charging

(1) The Department may by order authorise the Board to charge a person of a description specified in the order for any action so specified taken by the Board.

(2) An order under paragraph (1) may authorise charging for extinguishing fires, or protecting life and property in the event of fires, only in respect of fires which are–

(a) outside Northern Ireland; or

(b) at sea.

(3) The power in paragraph (1) includes power to authorise a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by the Board.

(4) The power in paragraph (1) includes power to specify that, in setting the amount of a charge, the Board shall secure that, taking one financial year with another, the Board's income from charges does not exceed the cost to the Board of taking the action for which the charges are imposed.

(5) If the Board is authorised by an order under paragraph (1) to charge for taking action of a particular description and the Board decides to do so, then subject to paragraph (4)–

(a) the amount of the charge is to be set by the Board; and

(b) the Board may charge different amounts in different circumstances (and may charge nothing).

(6) Before making an order under this Article the Department shall consult the Board and any other persons it considers appropriate.

Section 15 Duty to secure water supply

(1) The Board shall take all reasonable measures for securing that an adequate supply of water will be available for the Board's use for the purposes specified in paragraph (2).

(2) The purposes referred to in paragraph (1) are–

(a) extinguishing fires;

(b) protecting life and property in the event of fires;

(c) rescuing persons in the event of road traffic accidents;

(d) protecting persons from serious harm in the event of road traffic accidents;

(e) carrying out any function conferred on the Board by an order under Article 7; and

(f) complying with any directions given to the Board under Article 56.

Section 16 Use of water

(1) The Board may use any convenient or suitable supply of water for the purposes specified in Article 15(2).

(2) Subject to —

(a) an agreement under Article 16A; and

(b) Article 207 of the Water and Sewerage Services (Northern Ireland) Order 2006,

, the Board shall pay reasonable compensation for water used by virtue of paragraph (1).

Section 16A Supply of water by water undertakers

(1) The Board may enter into an agreement with a water undertaker for the purposes of Article 15.

(2) An agreement under paragraph (1) may include terms as to payment to be made to the undertaker, subject to Article 207 of the Water and Sewerage Services (Northern Ireland) Order 2006.

(3) A water undertaker shall enter into any agreement reasonably proposed by the Board under paragraph (1).

(4) An obligation of a water undertaker under an agreement under paragraph (1), or under paragraph (3), is enforceable by the Department for Regional Development under Article 30 of the Water and Sewerage Services (Northern Ireland) Order 2006.

Section 16B Emergency supply by water undertakers

(1) If the Board requests a water undertaker to provide a supply and pressure of water for the purposes of extinguishing a fire that is greater than the undertaker would otherwise provide, the undertaker shall take all necessary steps in order to do so.

(2) For the purposes of complying with its obligation under paragraph (1) a water undertaker may shut off the water from the mains and pipes in any area.

(3) No authority or person shall be liable to any penalty or claim arising because of anything done by a water undertaker in complying with its obligation under paragraph (1).

(4) A water undertaker commits an offence if, without reasonable excuse, it fails to take any step which it is obliged to take under paragraph (1).

(5) A water undertaker guilty of an offence under paragraph (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Section 17 Fire hydrants

(1) A water undertaker shall cause the location of every fire hydrant provided by it to be clearly indicated by a notice or distinguishing mark.

(2) A water undertaker may place such a notice or mark on a wall or fence adjoining a road or public place.

(3) The expenses incurred by a water undertaker under paragraph (1) in relation to a fire hydrant shall be borne by the Board.

(4) The Department may make regulations providing for uniformity in fire hydrants provided by water undertakers and in notices or marks indicating their location.

(5) An obligation of a water undertaker under paragraph (1), or regulations under paragraph (4), shall be enforceable by the Department for Regional Development under Article 30 of the Water and Sewerage Services (Northern Ireland) Order 2006.

(6) A person commits an offence if he uses a fire hydrant otherwise than—

(a) for the purposes of extinguishing fires; or

(b) for any other purpose specified in Article 15(2); or

(c) for any purpose authorised by the water undertaker or other person to whom the hydrant belongs.

(7) A person commits an offence if he damages or obstructs a fire hydrant, otherwise than in consequence of use for the purposes mentioned in paragraph (6).

(8) A person guilty of an offence under paragraph (6) or (7) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Section 17A Notice of works affecting water supply and fire hydrants

(1) A person who proposes to carry out works for the purpose of supplying water shall give at least 6 weeks' notice in writing to the Board.

(2) A person who proposes to carry out works affecting a fire hydrant shall give at least 7 days' notice in writing to the Board.

(3) If it is not practicable for a person to give notice as required by paragraph (1) or (2), he shall be regarded as having given the notice required by that paragraph if he gives it as soon as practicable.

(4) A person commits an offence if, without reasonable excuse, he fails to give notice as required by paragraph (1) or (2).

(5) A person guilty of an offence under paragraph (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Section 18 Powers of fire and rescue officers in an emergency, etc.

(1) A fire and rescue officer being on duty, may do anything he reasonably believes to be necessary–

(a) if he reasonably believes a fire to have broken out or to be about to break out, for the purpose of extinguishing or preventing the fire or protecting life or property;

(b) if he reasonably believes a road traffic accident to have occurred, for the purpose of rescuing persons or protecting them from serious harm;

(c) if he reasonably believes an emergency of another kind to have occurred, for the purpose of carrying out any function conferred on the Board in relation to the emergency; and

(d) for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in sub-paragraph (a), (b) or (c).

(2) In particular, a fire and rescue officer may under paragraph (1)–

(a) enter premises, by force if necessary, without the consent of the owner or occupier of the premises;

(b) move or break into a vehicle without the consent of its owner;

(c) close a road;

(d) stop and regulate traffic; and

(e) restrict the access of persons to premises.

Section 19 Powers of authorised officers in relation to obtaining information

(1) Subject to paragraph (3), an authorised officer may at any reasonable time enter premises for the purpose of obtaining information needed for the carrying out of the Board's functions under Article 5, 6 or 7.

(2) In this Article and Articles 20 to 22, “ authorised officer ” means a fire and rescue officer who is authorised in writing by the Chief Fire and Rescue Officer for the purposes of this Article and Article 20.

(3) An authorised officer may not under paragraph (1)–

(a) enter premises by force; or

(b) demand admission to premises occupied as a private dwelling unless 24 hours' notice in writing has first been given to the occupier of the dwelling.

(4) If, on the application of an authorised officer, a lay magistrate is satisfied–

(a) that–

(i) it is necessary for the officer to enter premises for the purposes of paragraph (1); and

(ii) the officer is unable to do so, or is likely to be unable to do so, otherwise than by force,

he may issue a warrant authorising the officer to enter the premises by force at any reasonable time; or

(b) that it is necessary for the officer to enter premises for the purposes of paragraph (1) without giving notice as required by paragraph (3)(b), he may issue a warrant authorising the officer to enter the premises at any time (by force if necessary).

(5) If an authorised officer exercises a power of entry by virtue of this Article, he may–

(a) take onto the premises any other persons, and any equipment, that he considers necessary; and

(b) require a person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request.

(6) An authorised officer exercising a power of entry by virtue of this Article shall, if so required, produce evidence of his authorisation under paragraph (2), and any warrant under paragraph (4)(a) or (b)–

(a) before entering the premises, or

(b) at any time before leaving the premises.

Section 20 Powers of authorised officers in relation to investigating fires

(1) An authorised officer may, at any reasonable time (by force if necessary), enter premises in which there has been a fire for the purpose of investigating–

(a) what caused the fire; or

(b) why it progressed as it did.

(2) If an authorised officer exercises a power of entry by virtue of this Article, he may–

(a) take onto the premises any other persons, and any equipment, that he considers necessary;

(b) inspect and copy any documents or records on the premises or remove them from the premises;

(c) carry out any inspections, measurements and tests in relation to the premises or an article or substance found on the premises, that he considers necessary;

(d) take samples of an article or substance found on the premises (but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation);

(e) dismantle an article found on the premises (but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation);

(f) take possession of an article or substance found on the premises and retain it for as long as is necessary for the purpose of–

(i) examining it and doing anything he has power to do under sub-paragraph (c) or (e);

(ii) ensuring that it is not tampered with before his examination of it is completed; or

(iii) ensuring that it is available for use as evidence in proceedings for an offence relevant to the investigation; and

(g) require a person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request.

(3) An authorised officer exercising a power of entry by virtue of this Article shall, if so required, produce evidence of his authorisation under Article 19(2)–

(a) before entering the premises; or

(b) at any time before leaving the premises.

(4) If an authorised officer exercises the power in paragraph (2)(d), he shall–

(a) leave a notice at the premises with a responsible person (or, if that is impracticable, fix the notice in a prominent position at the premises) giving particulars of the article or substance and stating that he has taken a sample of it; and

(b) if it is practicable to do so, give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.

(5) If an authorised officer exercises the power in paragraph (2)(f), he shall leave a notice at the premises with a responsible person (or, if that is impracticable, fix the notice in a prominent position at the premises) giving particulars of the article or substance and stating that he has taken possession of it.

Section 21 Exercise of powers under Articles 19 and 20: securing of premises

An authorised officer who, by virtue of Article 19 or 20, enters premises–

(a) which are unoccupied; or

(b) from which the occupier is temporarily absent,

shall on departure ensure that all reasonable measures have been taken to leave the premises as effectively secured against unauthorised entry as he found them.

Section 22 Articles 18 to 21: offences

(1) If, without reasonable excuse, a person fails to comply with any requirement under Article 19(5)(b) or 20(2)(g), he shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) If a person falsely pretends to be a fire and rescue officer or an authorised officer he shall be guilty of an offence.

(4) A person guilty of an offence under paragraph (3) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 23 False alarms

(1) A person who knowingly gives or causes to be given to a person acting on behalf of the Board a false alarm of–

(a) fire;

(b) a road traffic accident; or

(c) an emergency of another kind,

shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall be liable on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

Section 24 Interpretation of Part II

In this Part–

“ emergency ” means an event or situation that causes or is likely to cause–

a person to die, be seriously injured or become seriously ill, or

serious harm to the environment (including the life and health of plants and animals and the fabric of buildings);

“ premises ” includes any place and, in particular includes–

any vehicle, ship or aircraft,

any installation on land, any offshore installation and any other installation, and

any tent or movable structure;

“ road ” has the meaning given by Article 2(2) of the Road Traffic Regulation (Northern Ireland) Order 1997 ( NI 2);

“ ship ” includes every description of vessel used in navigation.

Section 25 Duties of employers to employees

(1) Each employer shall ensure, so far as is reasonably practicable, the safety of his employees in respect of harm caused by fire in the workplace.

(2) Each employer shall–

(a) carry out an assessment of the workplace for the purpose of identifying any risks to the safety of his employees in respect of harm caused by fire in the workplace; and

(b) take in relation to the workplace such of the fire safety measures as are necessary to enable him to comply with the duty imposed by paragraph (1).

(3) Where under paragraph (2)(a) an employer carries out an assessment, he shall–

(a) in accordance with regulations under Article 29, review the assessment; and

(b) take in relation to the workplace such of the fire safety measures as are necessary to enable him to comply with the duty imposed by paragraph (1).

Section 26 Duties in relation to relevant premises

(1) Where a person has control to any extent of relevant premises he shall, to that extent, comply with paragraph (2).

(2) The person shall–

(a) carry out an assessment of the relevant premises for the purpose of identifying any risks to the safety of relevant persons in respect of harm caused by fire in the relevant premises; and

(b) take in relation to the relevant premises such of the fire safety measures as in all the circumstances it is reasonable for a person in his position to take to ensure the safety of relevant persons in respect of harm caused by fire in the relevant premises.

(3) If a person falls within paragraph (1) other than by virtue of–

(a) having control to any extent of relevant premises in connection with the carrying on by the person (whether for profit or not) of an undertaking; or

(b) owning relevant premises,

the owner of the relevant premises shall also comply with paragraph (2).

(4) A person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to–

(a) the maintenance or repair of–

(i) relevant premises; or

(ii) anything in or on relevant premises; or

(b) safety in respect of harm caused by fire in relevant premises,

shall also comply, to the extent of the obligation, with paragraph (2).

(5) Where under paragraph (2)(a) a person carries out an assessment, he shall–

(a) in accordance with regulations under Article 29, review the assessment; and

(b) take in relation to the relevant premises such of the fire safety measures as in all the circumstances it is reasonable for a person in his position to take to ensure the safety of relevant persons in respect of harm caused by fire in the relevant premises.

Section 27 Taking of measures under Article 25 or 26: considerations

(1) Paragraph (2) applies where under Article 25(2)(b) or (3)(b) or 26(2)(b) or (5)(b) a person is required to take any fire safety measures.

(2) The person shall implement the fire safety measures on the basis of the considerations specified in paragraph (3).

(3) The considerations referred to in paragraph (2) are–

(a) avoiding risks;

(b) evaluating risks which cannot be avoided;

(c) combating risks at source;

(d) adapting to technical progress;

(e) replacing the dangerous with the non-dangerous or the less dangerous;

(f) developing a coherent overall fire prevention policy which covers technology, organisation of work and the influence of factors relating to the working environment;

(g) giving collective fire safety protective measures priority over individual measures; and

(h) giving appropriate instructions to employees.

Section 28 Duties of employees

Each employee shall while at work–

(a) take reasonable care for the safety in respect of harm caused by fire of himself and any other relevant person who may be affected by his acts or omissions; and

(b) in relation to any requirement imposed by virtue of this Part on his employer, co-operate with his employer in so far as is necessary for the purpose of enabling the employer to comply with the requirement.

Section 29 Risk assessments: power to make regulations

(1) The Department may by regulations make provision about the carrying out of assessments and reviews under Articles 25 and 26.

(2) Regulations under paragraph (1) may in particular make provision for or in connection with–

(a) specifying matters which persons shall take into account when carrying out assessments and reviews in relation to substances specified in the regulations;

(b) specifying other matters which persons shall take into account when carrying out assessments and reviews;

(c) requiring persons to carry out assessments and reviews before employing persons of a description so specified;

(d) requiring persons in such circumstances as may be so specified to keep records of such information as may be so specified; and

(e) specifying circumstances in which reviews shall be carried out.

Section 30 Fire safety: power to make regulations

(1) The Department may by regulations make provision about fire safety in relevant premises.

(2) Regulations under paragraph (1) may in particular make provision for or in connection with–

(a) precautions which shall be taken or observed;

(b) imposing requirements on persons (including requirements about the enforcement of any provision included in the regulations);

(c) the provision, maintenance and keeping free from obstruction of any means of escape in case of fire;

(d) the provision and maintenance of means for securing that any means of escape can be safely and effectively used at all material times;

(e) the provision and maintenance of means for extinguishing fire and means for giving warning in the event of fire;

(f) the internal construction of premises and the materials used in that construction;

(g) prohibiting the presence or use in relevant premises of equipment of a description specified in the regulations, or prohibiting its presence or use unless standards, or conditions, so specified are complied with;

(h) where relevant premises form part of a building, enabling arrangements to be entered into with owners or occupiers of other parts of the building for the purpose of enabling persons who are subject to duties imposed by virtue of this Part to comply with them;

(i) securing that employees receive appropriate instruction or training in what to do in the event of fire;

(j) securing that, in circumstances so specified, numbers of attendants so specified are stationed in parts of the relevant premises so specified;

(k) the keeping of records of instruction or training given, or other things done, in pursuance of the regulations; and

(l) the giving of assistance or information by any person concerned in the enforcement of requirements imposed by virtue of this Part to any other person so concerned for the purposes of any such requirement.

Section 31 Power to make further provision for protection of fire and rescue officers, etc.

(1) This Article applies where regulations under Article 30(1) make provision for or in connection with the maintenance of premises, facilities or equipment with a view to securing the safety of fire and rescue officers or other fire-fighters in the event of a fire in relevant premises (“safeguarding provision”).

(2) The Department may by regulations apply, subject to any modifications (specified in the regulations) that it considers necessary, the safeguarding provision to common areas of private dwellings.

(3) In paragraph (2), “ common area ” includes, where a stair, passage, garden, yard, garage, outhouse or other appurtenance of a private dwelling is used in common by the occupants of more than one private dwelling, that stair, passage, garden, yard, garage, outhouse or other appurtenance.

Section 32 Special case: temporary suspension of fire safety duties

(1) If in relation to any relevant premises the application of any of the fire safety duties would prevent a person who falls within paragraph (2) from carrying out his operational duties, the fire safety duties in question shall be deemed not to apply in relation to those relevant premises during the period when he is carrying out his operational duties.

(2) A person falls within this paragraph if he is–

(a) a member of the armed forces of the Crown or of a visiting force;

(b) a constable;

(c) a member of any emergency service; or

(d) of such other description as may be prescribed.

(3) A person subject to the fire safety duties which, by virtue of paragraph (1) are deemed not to apply in relation to relevant premises shall, during the period mentioned in that paragraph, ensure so far as is possible the safety of relevant persons in the event of fire in those premises.

(4) For the purposes of this Article, “ operational duties ”, in relation to a person falling within paragraph (2), means anything done–

(a) while the person is at work in the capacity in which he falls within that paragraph; and

(b) which the person is required to do by virtue of being at work in that capacity.

Section 33 Functions of the Board

(1) The Board shall enforce the fire safety duties.

(2) In carrying out the duty imposed by paragraph (1), the Board shall have regard to any guidance given by the Department.

(3) The Chief Fire and Rescue Officer may authorise in writing fire and rescue officers to act for the purpose of carrying out the duty imposed by paragraph (1).

(4) The Board may make arrangements with the Health and Safety Executive for Northern Ireland for such of the functions conferred on the Board by virtue of this Part as may be specified in the arrangements to be carried out (with or without payment) on its behalf by the Executive in relation to a workplace so specified.

(5) The Board may make arrangements with a prescribed person for such of the functions conferred on the Board by virtue of this Part as may be specified in the arrangements to be carried out (with or without payment) on its behalf by the person in relation to a workplace so specified.

Section 34 Powers of authorised officers

(1) An authorised officer may do anything necessary for the purpose mentioned in Article 33(3).

(2) An authorised officer may in particular under paragraph (1)–

(a) at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time), enter relevant premises and inspect the whole or part of the relevant premises and anything in them;

(b) take onto the relevant premises any other persons, and any equipment, that he considers necessary;

(c) require a person on the relevant premises who is subject to any of the fire safety duties to provide him with any–

(i) facilities, information, documents or records; or

(ii) other assistance,

which relate to those duties and which he may reasonably request;

(d) inspect and copy any documents or records on the relevant premises or remove them from the relevant premises;

(e) carry out any inspections, measurements and tests in relation to the relevant premises or an article or substance found on the relevant premises, that he considers necessary;

(f) take samples of an article or substance found on the relevant premises for the purpose of ascertaining its fire resistance or flammability;

(g) if an article found on the relevant premises appears to him to have caused or to be likely to cause danger to the safety of a relevant person in the event of fire, dismantle the article (but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the inspection); and

(h) take possession of an article or substance found in the relevant premises and retain it for as long as is necessary for the purpose of–

(i) examining it and doing anything he has power to do under sub-paragraph (e) or (g);

(ii) ensuring that it is not tampered with before his examination of it is completed; and

(iii) ensuring that it is available for use as evidence in proceedings for an offence relevant to the inspection.

(3) An authorised officer exercising the power in paragraph (2)(a) shall, if so required, produce evidence of his authorisation under Article 33(3)–

(a) before entering the premises; or

(b) at any time before leaving the premises.

(4) If an authorised officer exercises the power in paragraph (2)(f), he shall–

(a) leave a notice at the relevant premises with a person who is subject to any of the fire safety duties in relation to the relevant premises (or, if that is impracticable, fix the notice in a prominent position at the relevant premises) giving particulars of the article or substance and stating that he has taken a sample of it; and

(b) if it is practicable to do so, give such a person at the relevant premises a portion of the sample marked in a manner sufficient to identify it.

(5) Before exercising the power in paragraph (2)(g), an authorised officer shall consult such persons as appear to him to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.

(6) If requested to do so by a person present in the relevant premises who is subject to any of the fire safety duties in relation to the relevant premises, an authorised officer shall cause–

(a) anything which the officer proposes to do on the relevant premises under the power in sub-paragraph (d) or (e) of paragraph (2); or

(b) anything which the officer proposes to do under the power in sub-paragraph (g) of that paragraph,

to be done in the presence of that person.

(7) If an authorised officer exercises the power in paragraph (2)(h), he shall leave a notice at the relevant premises with a person who is subject to any of the fire safety duties in relation to the relevant premises (or, if that is impracticable, fix the notice in a prominent position at the relevant premises) giving particulars of the article or substance and stating that he has taken possession of it.

Section 35 Exercise of powers under Article 34: securing of premises

An authorised officer who, by virtue of Article 34, enters relevant premises–

(a) which are unoccupied; or

(b) from which the occupier is temporarily absent,

shall on departure ensure that all reasonable measures have been taken to leave the relevant premises as effectively secured against unauthorised entry as he found them.

Section 36 Prohibition notices

(1) Where paragraph (2) applies in relation to relevant premises, the Board may serve a prohibition notice on the occupier of the relevant premises.

(2) This paragraph applies where, having regard in particular to anything affecting relevant persons' escape from relevant premises in the event of fire, the Board considers that use of the relevant premises involves or will involve a risk to relevant persons so serious that use of those premises ought to be prohibited or restricted.

(3) A prohibition notice shall–

(a) state that the Board considers that paragraph (2) applies;

(b) specify the matters which the Board considers give rise or, as the case may be, will give rise to the risk;

(c) direct that the use to which the prohibition notice relates is prohibited or restricted to such extent as may be specified in the notice until the matters specified under sub-paragraph (b) have been remedied; and

(d) subject to paragraph (4), specify when the notice shall take effect.

(4) The Board may specify that a notice shall take effect on service of the notice only if the Board considers that, in consequence of the matters specified under paragraph (3)(b), there is or, as the case may be, will be an imminent risk of serious personal injury to relevant persons.

(5) A prohibition notice may include directions as to the steps which will have to be taken to remedy the matters specified in the notice.

(6) Before serving a prohibition notice in relation to a house in multiple occupation, the Board shall, where practicable, notify the Northern Ireland Housing Executive of–

(a) the Board's intention to serve a prohibition notice; and

(b) the use which it is intended to prohibit or, as the case may be, restrict.

(7) Where the Board has served a prohibition notice on the occupier of relevant premises, the Board may, by notice in writing to the occupier, withdraw the prohibition notice.

Section 37 Enforcement notices

(1) Where the Board considers that a person has failed to comply with any of the fire safety duties, the Board may serve an enforcement notice on that person.

(2) An enforcement notice shall–

(a) state that the Board considers that the person on whom the notice is served has failed to comply with the fire safety duty specified in the notice;

(b) specify why the Board considers that the person has failed to comply with the duty in question; and

(c) require the person, before the expiry of the period specified in the notice (being a period of at least 28 days), to take the action so specified.

(3) Before serving an enforcement notice including a requirement to make an alteration to relevant premises, the Board shall consult–

(a) the district council for the area in which the premises are situated;

(b) if the premises are used as a place of work, the enforcing authority within the meaning of Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978 (NI 9); and

(c) any other person whose consent to the alteration would be required by virtue of any statutory provision.

(4) Failure to comply with paragraph (3) shall not affect the validity of an enforcement notice.

(5) Where the Board has served an enforcement notice on a person, the Board may–

(a) before the expiry of the period specified in the notice, by notice in writing to the person withdraw the enforcement notice; or

(b) if an appeal against the notice is not pending under Article 40, extend, or further extend, the period specified in the notice.

(6) For the purposes of this Article, “ fire safety duties ” does not include the duty imposed by Article 28.

Section 38 Alterations notices

(1) Where paragraph (2) or (3) applies in relation to relevant premises, the Board may serve an alterations notice on the appropriate person.

(2) This paragraph applies where there would be a serious risk to relevant persons in respect of harm caused by fire in the relevant premises.

(3) This paragraph applies where–

(a) paragraph (2) does not apply; but

(b) if any of the changes specified in paragraph (5) were made, it is likely that paragraph (2) would apply.

(4) An alterations notice is a notice requiring the appropriate person where–

(a) it is proposed that a change specified in paragraph (5) be made to the relevant premises; and

(b) if made, the change would constitute a serious risk to relevant persons in respect of harm caused by fire in the relevant premises,

to notify the Board of the change before it is made.

(5) The changes referred to in paragraphs (3) and (4) are–

(a) a change to the relevant premises;

(b) a change to the services, fittings or equipment on the relevant premises;

(c) an increase in the quantities of dangerous substances which are present on the relevant premises; and

(d) a change in any use to which the relevant premises are put.

(6) The Board may include in an alterations notice provision requiring the appropriate person–

(a) to keep records of such information as, by virtue of sub-paragraph (d) of paragraph (2) of Article 29, is specified in regulations under paragraph (1) of that Article;

(b) to keep records of arrangements made, in accordance with regulations under Article 30(1) for the planning, organisation, control, monitoring or review of the fire safety measures; and

(c) if notifying the Board of a proposed change, to give the Board–

(i) a copy of the assessment under Article 25 or, as the case may be, 26; and

(ii) a summary of the changes the appropriate person proposes to make to the fire safety measures.

(7) Where the Board has served an alterations notice on an appropriate person, the Board may, by notice in writing to the appropriate person, withdraw the alterations notice.

(8) In this Article, “ appropriate person ”, in relation to relevant premises, means a person subject to a requirement under Article 25 or 26 in relation to the relevant premises.

Section 39 Determination of disputes

(1) Where–

(a) the Board considers that a person has failed to comply with any of the fire safety duties; and

(b) in relation to the duty in question the person and the Board cannot agree on what (or whether any) action requires to be taken to comply with the duty,

the person and the Board may agree to refer the matter to the Department for determination in accordance with paragraph (2).

(2) On a reference under this Article, the matter shall be determined by the Department or, if the Department thinks fit and the person referred to in paragraph (1) agrees, by a person appointed by the Department.

(3) The Department may by regulations make provision about references and determinations under this Article.

(4) Subject to paragraph (5), where a determination is made by virtue of paragraph (2), the Board may not–

(a) serve an enforcement notice; or

(b) include in such a notice directions,

if the notice or, as the case may be, the directions would conflict with the determination.

(5) Paragraph (4) shall not apply if, after the date of the determination, the risk to relevant persons significantly increases because a change is made to–

(a) the relevant premises; or

(b) the use to which they are put.

Section 40 Appeals

(1) A person to whom paragraph (2) applies may, within 21 days from the date on which a relevant notice is served, appeal to the county court in accordance with county court rules.

(2) This paragraph applies to–

(a) a person on whom a relevant notice is served; and

(b) if the relevant notice is a prohibition notice, a person who in relation to the relevant premises to which the notice relates is subject to the duties imposed by Article 25 or 26.

(3) On an appeal under this Article, the county court may either cancel or affirm the notice, and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.

(4) Where an appeal is brought under this Article against an enforcement notice or an alterations notice, the operation of the notice shall be suspended until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.

(5) Where an appeal is brought under this Article against a prohibition notice, the operation of the notice shall not be suspended unless, on the application of the appellant, the court so directs (and then only from the giving of the direction).

(6) In this Article “ relevant notice ” means–

(a) a prohibition notice;

(b) an enforcement notice; or

(c) an alterations notice.

Section 41 Offences

(1) If–

(a) a person fails to carry out a duty to which he is subject by virtue of–

(i) Article 25;

(ii) Article 26; or

(iii) Article 27; and

(b) the failure to carry out the duty in question puts a relevant person at risk of death, or injury, in the event of fire,

the person shall be guilty of an offence.

(2) If–

(a) an employee fails to carry out a duty to which he is subject by virtue of Article 28; and

(b) the failure to carry out the duty in question puts a relevant person at risk of death, or injury, in the event of fire,

the employee shall be guilty of an offence.

(3) If–

(a) a person fails to comply with a requirement or prohibition to which he is subject by virtue of regulations made under Article 29 or 30; and

(b) the failure to comply with the requirement or prohibition in question puts a relevant person at risk of death, or injury, in the event of fire,

the person shall be guilty of an offence.

(4) It shall be an offence for a person–

(a) to fail, without reasonable excuse, to comply with a requirement imposed by an authorised officer under Article 34(2)(c);

(b) falsely to pretend to be an authorised officer;

(c) to fail to comply with a restriction or prohibition imposed by a prohibition notice;

(d) to fail to comply with a requirement imposed by an enforcement notice or an alterations notice;

(e) to contravene Article 45;

(f) to make in any register, book, notice or other document required by virtue of this Part to be kept, served or given an entry which he knows to be false in a material particular; or

(g) to give any information which he knows to be false in a material particular, or recklessly to give any information which is false in a material particular, where the information is given in purported compliance with a requirement to give information imposed by virtue of this Part.

(5) A person guilty of an offence under paragraph (1), (3) or (4)(c) or (d) shall be liable–

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

(6) A person guilty of an offence under paragraph (2) shall be liable–

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine.

(7) A person guilty of an offence under paragraph (4)(a) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8) A person guilty of an offence under paragraph (4)(b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) A person guilty of an offence under paragraph (4)(e), (f) or (g) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10) Subject to paragraph (11), it shall be a defence for a person charged with an offence under this Article to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(11) Paragraph (10) shall not apply to–

(a) an offence under paragraph (1) in respect of a failure to comply with the duty mentioned in sub-paragraph (a)(i) of that paragraph; or

(b) an offence under paragraph (3) in respect of a failure to comply so far as is reasonably practicable with a requirement or, as the case may be, a prohibition.

(12) In any proceedings for an offence under paragraph (1) in respect of a failure to comply with the duty mentioned in sub-paragraph (a)(i) of that paragraph, the onus of showing that it was not reasonably practicable to do more than was done shall be on the accused.

(13) In any proceedings for an offence under paragraph (3) in respect of a failure to comply with a requirement or prohibition so far as is practicable or so far as is reasonably practicable, the onus of showing that it was not practicable, or (as the case may be) was not reasonably practicable, to do more than was done shall be on the accused.

Section 42 Offences by bodies corporate and partnerships

(1) For the purposes of this Part, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words “the liability of whose members is limited” and, where the affairs of a body corporate are managed by its members, applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(2) Where a partnership is guilty of an offence under this Part, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, shall also be guilty of that offence and be liable to be proceeded against and punished accordingly.

Section 43 Offence due to fault of other person

(1) Where the commission by any person (“A”) of an offence under this Part is due to the act or default of some other person (“B”), B shall be guilty of the offence.

(2) B may be charged with and convicted of an offence by virtue of paragraph (1) whether or not proceedings are taken against A.

Section 44 Employee's act or omission not to afford employer defence

Nothing in this Part shall be construed as affording an employer a defence in any proceedings in pursuance of Article 41 or 42 by reason only of any act or omission of–

(a) an employee of his; or

(b) a person of a prescribed description on whom duties are imposed by virtue of Article 30(1).

Section 45 Prohibition on charging employees

No employer shall charge, or permit the charging of, any employee of his in respect of anything done or provided in pursuance of any of the fire safety duties.

Section 46 Civil liability for breach of statutory duty

(1) Subject to paragraph (2), nothing in this Part shall be construed as conferring a right of action in any civil proceedings (other than proceedings for recovery of a fine).

(2) Breach of a duty imposed on an employer by virtue of this Part shall, in so far as it causes damage to an employee, confer a right of action on that employee in civil proceedings.

Section 47 Consequential restriction of application of Part II of Health and Safety at Work (Northern Ireland) Order 1978

(1) Part II of the Health and Safety at Work (Northern Ireland) Order 1978 (NI 9) (“ the 1978 Order ”) and any regulations and orders made under it shall not apply to relevant premises, in so far as the 1978 Order or any regulations or orders made under it relate to any matter in relation to which requirements are or could be imposed by or under this Order.

(2) Nothing in paragraph (1) affects the operation of Part II of the 1978 Order or any such regulations or orders where an enforcing authority (as defined in Article 2(2) of the 1978 Order) is also enforcing the provisions of this Part.