Power to make regulations about fire precautions

24.—(1) The Secretary of State may by regulations make provision as to the precautions which are to be taken or observed in relation to the risk to relevant persons as regards premises in relation to which this Order applies.

(2) Without prejudice to the generality of paragraph (1), regulations made by the Secretary of State may impose requirements—

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

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

(c)as to the provision and maintenance of means for fighting fire and means for giving warning in case of fire;

(d)as to the internal construction of the premises and the materials used in that construction;

(e)for prohibiting altogether the presence or use in the premises of furniture or equipment of any specified description, or prohibiting its presence or use unless specified standards or conditions are complied with;

(f)for securing that persons employed to work in the premises receive appropriate instruction or training in what to do in case of fire;

(g)for securing that, in specified circumstances, specified numbers of attendants are stationed in specified parts of the premises; and

(h)as to the keeping of records of instruction or training given, or other things done, in pursuance of the regulations.

(3) Regulations under this article—

(a)may impose requirements on persons other than the responsible person; and

(b)may, as regards any of their provisions, make provision as to the person or persons who is or are to be responsible for any contravention of that provision.

(4) The Secretary of State must, before making any regulations under this article, consult with such persons or bodies of persons as appear to him to be appropriate.

(5) The power of the Secretary of State to make regulations under this article—

(a)is exercisable by statutory instrument, which is subject to annulment in pursuance of a resolution of either House of Parliament;

(b)includes power to make different provision in relation to different circumstances; and

(c)includes power to grant or provide for the granting of exemptions from any of the provisions of the regulations, either unconditionally or subject to conditions.

 

What the Guidance says:

 

The article empowers the Secretary of State to make regulations about fire precautions.
It re-enacts (with some modifications) section 12 of the Fire Precautions Act 1971, and
gives the Secretary of State power to impose requirements on persons other than the
responsible person.
The Secretary of State is under a duty to consult with such persons as appear to
be appropriate before making any regulations. Regulations are made as secondary
legislation, a Statutory Instrument, which is subject to annulment in either House of
Parliament.
No regulations were made under this article at the time when this guidance was issued.
Enforcing authorities will wish to be aware that by virtue of the Interpretation Act 1978,
re-enactment of the provisions of section 12 of the Fire Precautions Act 1971 retains the
Fire Precautions (Sub-surface Railway Stations) Regulations 1989 (as amended) in force,
with the exception of regulation 13(3) and (4).