2Power 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 applies;
- (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) The 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) Before 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 laid 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.
3Risk based guidance about the discharge of duties under the Fire Safety Order
(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 provision 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) proof 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 relevant 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—
