Fire Safety Bill (HL Bill 153)

A

BILL

[AS AMENDED ON REPORT]

TO

Make provision about the application of the Regulatory Reform (Fire Safety) Order
2005 where a building contains two or more sets of domestic premises; and to confer
power to amend that order in future for the purposes of changing the premises to
which it applies.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Premises to which the Fire Safety Order applies

In article 6 of the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)
(application to premises)—

(a)in paragraph (1)(a) (excluded premises), after “except to the extent
5mentioned in” insert “paragraph (1A) or”;

(b)after paragraph (1) insert—

(1A)Where a building contains two or more sets of domestic
premises, the things to which this order applies include—

(a)the building’s structure and external walls and any
10common parts;

(b)all doors between the domestic premises and common
parts (so far as not falling within sub-paragraph (a)).

(1B)The reference to external walls includes—

(a)doors or windows in those walls, and

(b)15anything attached to the exterior of those walls
(including balconies).”;

(c)in paragraph (2), for “paragraph” substitute “provisions”.

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2 Power to change premises to which the Fire Safety Order applies

(1)The relevant authority may by regulations amend the Regulatory Reform (Fire
Safety) Order 2005 (S.I. 2005/1541)—

(a)for the purpose of changing or clarifying the premises to which it
5applies;

(b)in consequence of provision made under paragraph (a).

(2)The “relevant authority”—

(a)in relation to premises in England, means the Secretary of State;

(b)in relation to premises in Wales, means the Welsh Ministers.

(3)10The amendments that may be made to the Regulatory Reform (Fire Safety)
Order 2005 under subsection (1) include amendments to the provision inserted
by section 1.

(4)The power conferred by subsection (1) includes the power to make transitional
or saving provision.

(5)15Before making regulations under subsection (1) the relevant authority must
consult anyone that appears to the relevant authority to be appropriate.

(6)Regulations under subsection (1) are to be made by statutory instrument.

(7)A statutory instrument containing regulations made by the Secretary of State
under subsection (1) may not be made unless a draft of the instrument has been
20laid before and approved by a resolution of each House of Parliament.

(8)A statutory instrument containing regulations made by the Welsh Ministers
under subsection (1) may not be made unless a draft of the instrument has been
laid before and approved by a resolution of Senedd Cymru.

3 Risk based guidance about the discharge of duties under the Fire Safety
25Order

(1)Article 50 of the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)
(guidance) is amended as follows.

(2)After paragraph (1) insert—

(1A)Where in any proceedings it is alleged that a person has contravened a
30provision of articles 8 to 22 or of regulations made under article 24 in
relation to a relevant building (or part of the building)—

(a)proof of a failure to comply with any applicable risk based
guidance may be relied on as tending to establish that there was
such a contravention, and

(b)35proof of compliance with any applicable risk based guidance
may be relied on as tending to establish that there was no such
contravention.”

(3)After paragraph (2) insert—

(2A)Before revising or withdrawing any risk based guidance in relation to
40relevant buildings the Secretary of State must consult such persons as
the Secretary of State considers appropriate.”

(4)After paragraph (3) insert—

(4)In this article—

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  • “relevant building” means a building in England containing two
    or more sets of domestic premises;

  • “risk based guidance” means guidance under paragraph (1) about
    how a person who is subject to the duties mentioned there in
    5relation to more than one set of premises is to prioritise the
    discharge of those duties in respect of the different premises by
    reference to risk.”

4 Duties of owner or manager

The relevant authority must by regulations amend the Regulatory Reform (Fire
10Safety) Order 2005 (S.I. 2005/1541) to require an owner or a manager of any
building which contains two or more sets of domestic premises to—

(a)share information with their local Fire and Rescue Service in respect of
each building for which an owner or manager is responsible about the
design of its external walls and details of the materials of which those
15external walls are constructed,

(b)in respect of any building for which an owner or manager is responsible
which contains separate flats, undertake annual inspections of
individual flat entrance doors,

(c)in respect of any building for which an owner or manager is responsible
20which contains separate flats, undertake monthly inspections of lifts
and report the results to their local Fire and Rescue Service if the results
include a fault, and

(d)share evacuation and fire safety instructions with residents of the
building.

5 25Public register of fire risk assessments

(1)The Secretary of State must, by regulations, make provision for a register of fire
risk assessments made under article 9 of the Regulatory Reform (Fire Safety)
Order 2005 (S.I. 2005/1541) (risk assessment).

(2)Those regulations must provide that the register is—

(a)30publicly available, and

(b)kept up-to-date.

(3)Regulations under this section are—

(a)to be made by statutory instrument, and

(b)subject to annulment in pursuance of a resolution of either House of
35Parliament.

6 Prohibition on passing remediation costs on to leaseholders and tenants

(1)The owner of a building may not pass the costs of any remedial work
attributable to the provisions of this Act on to leaseholders or tenants of that
building.

(2)40Subsection (1) does not apply to a leaseholder who is also the owner or part
owner of the freehold of the building.

7 Extent, commencement and short title

(1)This Act extends to England and Wales only.

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(2)Section 1 comes into force—

(a)in relation to premises in England, on such day as the Secretary of State
may by regulations made by statutory instrument appoint;

(b)in relation to premises in Wales, on such day as the Welsh Ministers
5may by regulations made by statutory instrument appoint.

(3)Different days may be appointed for different purposes.

(4)Section 2 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.

(5)Section 3 comes into force at the same time as section 1 comes fully into force
10in relation to premises in England.

(6)This section comes into force on the day on which this Act is passed.

(7)This Act may be cited as the Fire Safety Act 2020.