Fire Safety Order amended to cover prisons
15 May 2018
AN UPDATE to the Regulatory Reform (Fire Safety) Order 2005, which enables the legislation to cover custodial premises, has come into force.
Following approval in both Houses of Parliament, the Order has been amended and section 4(2) has been modified so that it is enforceable in custodial premises such as prisons and asylums in England and Wales. The amendments allow the Order to be enforced through article 25 (enforcing authorities) in premises that have been provided by a court and used for the detention of persons who have been sentenced to imprisonment or detention or remanded in custody; a removal centre, pre-departure accommodation or short-term holding facility.
Customs offices are also now included under the amendment as is an office of Revenue and Customs. The Fire Safety Order now states that anything done by, or in relation to, the fire and rescue service for the premises is to be treated as having been done by the fire inspector or the person authorised by the Secretary of State.
This Order has been modified to have jurisdiction over certain types of custodial premises irrespective of whether they are owned or occupied by the Crown. The effect is that a fire inspector, or any person authorised by the Secretary of State for the purposes of the Order, is the enforcing authority in relation to those premises in accordance with article 25(1)(e).