Meaning of “responsible person” 3. In this Order “responsible person” means— (a) in relation to a workplace, the employer, if the workplace is to any extent under his control; (b) in relation to any premises not falling within paragraph (a)— (i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or (ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking. What the Enforcement Guidance says: Article 3 defines who is the responsible person for the premises. In order to meet the obligations under EC Directives, wherever there is an employer they will continue to be responsible for the safety of their employees. In order to achieve the necessary broader coverage of the legislation beyond workplaces, the definition has been extended. Therefore, where there is no employer in any premises, the occupier or owner of the premises is the responsible person. The responsible person will be responsible not only for the safety of employees, but for that of any person (a “relevant person”, as defined in article 2) lawfully on the premises, or in the immediate vicinity of the premises and at risk from a...Read More
Duty to take general fire precautions 8.—(1) The responsible person must— (a)take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees; and (b)in relation to relevant persons who are not his employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe. What the Enforcement Guidance says: This article imposes on the responsible person the duty to implement the preventive and protective measures which have been evaluated in the risk assessment. This article reflects the principles of the European Framework and Workplace Directives – to assess the likelihood of fire and its consequences for those in the workplace and to take appropriate measures to reduce or eliminate such risks. By virtue of this article, the responsible person is under a duty to ensure that general fire precautions are in place to ensure the safety of any of his employees, or of any relevant persons who are not his employees. The duty imposed is very similar to that imposed by the general duties of the Health and Safety at Work Act 1974. Employers, self employed persons and other responsible persons must ensure, so far as is reasonably practicable, that general fire precautions are in place for the safety of any of their employees and other...Read More
Warren Spencer is one of the country’s leading fire safety lawyers. He has now prosecuted and defended fire safety cases for over 12 years and has also conducted numerous Enforcement and Prohibition Notice Appeals brought under the Fire Safety Order. He is able to offer impartial professional expert legal advice in all aspects of fire safety enforcement.
Warren is a Higher Courts Advocate, an accreditation which enables him to work as an advocate in the Crown Court. Warren has conducted prosecutions for Lancashire, Greater Manchester, Humberside, Cumbria, Cheshire, Merseyside, Hereford & Worcester, Shropshire and Wrekin Fire & Rescue Services, as well as advising businesses and professionals on various aspects of Fire Safety Law including its effect upon PFI contracts.
Warren is a part-time Tribunal Judge and in 2015 he was appointed as a 'Legally Qualified Chair' for Police Disciplinary proceedings in the North West. He is also a former Assistant Deputy Coroner for Blackpool and Fylde.
Tel: 01253 629300