2. In this Order—

“alterations notice” has the meaning given by article 29;

“approved classification and labelling guide” means the Approved Guide to the Classification and Labelling of Dangerous Substances and Dangerous Preparations (5th edition)(1) approved by the Health and Safety Commission on 16th April 2002;

“the CHIP Regulations” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(2);

“child” means a person who is not over compulsory school age, construed in accordance with section 8 of the Education Act 1996(3);

“dangerous substance” means—
(a)a substance or preparation which meets the criteria in the approved classification and labelling guide for classification as a substance or preparation which is explosive, oxidising, extremely flammable, highly flammable or flammable, whether or not that substance or preparation is classified under the CHIP Regulations;
(b)a substance or preparation which because of its physico-chemical or chemical properties and the way it is used or is present in or on premises creates a risk; and
(c)any dust, whether in the form of solid particles or fibrous materials or otherwise, which can form an explosive mixture with air or an explosive atmosphere;

“domestic premises” means premises occupied as a private dwelling (including any garden, yard, garage, outhouse, or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling);

“employee” means a person who is or is treated as an employee for the purposes of the Health and Safety at Work etc. Act 1974(4) and related expressions are to be construed accordingly;

“enforcement notice” has the meaning given by article 30;

“enforcing authority” has the meaning given by article 25;

“explosive atmosphere” means a mixture, under atmospheric conditions, of air and one or more dangerous substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture;

“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004(5);

“fire inspector” means an inspector or assistant inspector appointed under section 28 of the Fire and Rescue Services Act 2004;

“general fire precautions” has the meaning given by article 4;

“hazard”, in relation to a dangerous substance, means the physico-chemical or chemical property of that substance which has the potential to give rise to fire affecting the safety of a person, and references in this Order to “hazardous” are to be construed accordingly;

“inspector” means an inspector appointed under article 26 or a fire inspector;

“licensing authority” has the meaning given by article 42(3);

“normal ship-board activities” include the repair of a ship, save repair when carried out in dry dock;

“owner” means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent;

“personal protective equipment” means all equipment which is intended to be worn or held by a person in or on premises and which protects that person against one or more risks to his safety, and any addition or accessory designed to meet that objective;

“place of safety” in relation to premises, means a safe area beyond the premises.

“premises” includes any place and, in particular, includes—
(a)any workplace;
(b)any vehicle, vessel, aircraft or hovercraft;
(c)any installation on land (including the foreshore and other land intermittently covered by water), and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof); and
(d)any tent or movable structure;

“preparation” means a mixture or solution of two or more substances;

“preventive and protective measures” means the measures which have been identified by the responsible person in consequence of a risk assessment as the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order;

“prohibition notice” has the meaning given by article 31;

“public road” means a highway maintainable at public expense within the meaning of section 329 of the Highways Act 1980(6);

“rackrent” in relation to premises, means a rent that is not less than two-thirds of the rent at which the property might reasonably be expected to be let from year to year, free from all usual tenant’s rates and taxes, and deducting from it the probable average cost of the repairs, insurance and other expenses (if any) necessary to maintain the property in a state to command such rent;

“the relevant local authority”, in relation to premises, means—
(a)if the premises are in Greater London but are not in the City of London, the London Borough in the area of which the premises are situated;
(b)if the premises are in the City of London, the Common Council of the City of London;
(c)if the premises are in England in a metropolitan county, the district council in the area of which the premises are situated;
(d)if the premises are in England but are not in Greater London or a metropolitan county—
(i)the county council in the area of which the premises are situated; or
(ii)if there is no county council in the area of which the premises are situated, the district council in that area;
(e)if the premises are in Wales, the county council or county borough council in the area of which the premises are situated;

“relevant persons” means—
(a)any person (including the responsible person) who is or may be lawfully on the premises; and
(b)any person in the immediate vicinity of the premises who is at risk from a fire on the premises,

but does not include a fire-fighter who is carrying out his duties in relation to a function of a fire and rescue authority under section 7, 8 or 9 of the Fire and Rescue Services Act 2004 (fire-fighting, road traffic accidents and other emergencies), other than in relation to a function under section 7(2)(d), 8(2)(d) or 9(3)(d) of that Act;

“responsible person” has the meaning given by article 3;

“risk” means the risk to the safety of persons from fire;

“risk assessment” means the assessment required by article 9(1);

“safety” means the safety of persons in respect of harm caused by fire; and “safe” shall be interpreted accordingly;

“safety data sheet” means a safety data sheet within the meaning of regulation 5 of the CHIP Regulations;

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

“special, technical and organisational measures” include—
(a)technical means of supervision;
(b)connecting devices;
(c)control and protection systems;
(d)engineering controls and solutions;
(g)protective systems; and
(h)warning and other communication systems;

“substance” means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour;

“visiting force” means any such body, contingent, or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952(7);

“workplace” means any premises or parts of premises, not being domestic premises, used for the purposes of an employer’s undertaking and which are made available to an employee of the employer as a place of work and includes—
(a)any place within the premises to which such employee has access while at work; and
(b)any room, lobby, corridor, staircase, road, or other place—
(i)used as a means of access to or egress from that place of work; or
(ii)where facilities are provided for use in connection with that place of work,

other than a public road;

“young person” means any person who has not attained the age of 18.

What the Enforcement Guidance says:

This Article provides definitions of the various terms used throughout the Order,
many of which are existing definitions in fire safety legislation. The meaning of
“responsible person” and “General fire precautions” are provided by articles 3 and 4
respectively. Only the courts can provide definitive interpretations but enforcing authorities may find the following views about phrases not defined in the Order helpful.
“Where necessary”
The European Workplace Directive (89/654/EEC), in the preliminary note (paragraph 1)
to the Annex, states that:
“the obligations laid down in this Annex apply whenever required by the features of
the workplace, the activity, the circumstances or a hazard.”
This is implemented in the Order by use of the term “where necessary”, and that
expression should be construed accordingly.
The Order requires that fire precautions (such as fire fighting equipment, fire detection and warning, conditions relating to emergency routes and exits) should be provided (and maintained) “where necessary”.
This means that the fire precautions provided (and maintained) by the responsible
person are those needed to reasonably protect relevant persons from risks to them in
case of fire. This is determined by the findings of a fire risk assessment, including the
preventative measures which have or will be taken. In practice, it is very unlikely that
a properly conducted fire risk assessment, which takes into account all the matters
relevant for the safety of persons in case of fire, will conclude that no fire precautions
(including maintenance) are necessary.

 “Suitable and sufficient”

Article 9 of the Order requires the responsible person to carry out a “suitable and
sufficient” assessment of the risks on the premises. What form the assessment takes
will be dependent on the type and size of premises or undertaking concerned. What is
suitable and sufficient for one premises will not be sufficient for another. It will be for
enforcing authorities to determine whether they consider that the risk assessment is
suitable and sufficient, taking into account such factors as the nature of the building and
the type of undertaking. In each case the determining factor is likely to be whether fire
hazards have been reasonably identified, risk reduction and mitigation carried out and
residual risk appropriate protection measures (including management arrangements)
implemented or proposed.
Enforcing authorities should note that the requirement for suitability and sufficiency
is one and the same requirement as that in health and safety law. Detailed advice has
been produced by the Health and Safety Commission as part of the Approved Code of
Practice and Guidance to accompany the Management of Health and Safety at Work

Regulations 1999 (ISBN 0-7176-2488-9). That guidance is equally applicable to the

suitability and sufficiency of risk assessments under the Order.