Duty not to charge employees for things done or provided
40. No employer may levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any requirement of this Order or of regulations made under it.
Duty to consult employees
41.—(1) In regulation 4A of the Safety Representatives and Safety Committees Regulations 1977(a)[1] (employer’s duty to consult and provide facilities and assistance), in paragraph (1)(b), for “or regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997” substitute “or article 13(3)(b) of the Regulatory Reform (Fire Safety) Order 2005”.
(2) In regulation 3 of the Health and Safety (Consultation with Employees) Regulations 1996(b)[2] (duty of employer to consult), in paragraph (b), for “or regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997” substitute “or article 13(3)(b) of the Regulatory Reform (Fire Safety) Order 2005”.
Special provisions in respect of licensed etc. premises
42.—(1) Subject to paragraph (2), where any enactment provides for the licensing of premises in relation to which this Order applies, or the licensing of persons in respect of any such premises—
- (a) the licensing authority must ensure that the enforcing authority for the premises has the opportunity to make representations before issuing the licence; and
- (b) the enforcing authority must notify the licensing authority of any action that the enforcing authority takes in relation to premises to which the licence relates; but no failure on the part of an enforcing authority to notify under this paragraph shall affect the validity of any such action taken.
(2) Paragraph (1) does not apply where the licensing authority is also the enforcing authority.
(3) In this article and article 43(1)(a)—
- (a) “licensing authority” means the authority responsible for issuing the licence; and
- (b) “licensing” includes certification and registration and “licence” is to be construed accordingly; and
- (c) references to the issue of licences include references to their renewal, transfer or variation.
Suspension of terms and conditions of licences dealing with same matters as this Order
43.—(1) Subject to paragraph (3), paragraph (2) applies if— (a) an enactment provides for the licensing of premises in relation to which this Order applies, or the licensing of persons in respect of any such premises; (b) a licence is issued in respect of the premises (whether before or after the coming into force of this Order); and (c) the licensing authority is required or authorised to impose terms, conditions or restrictions in connection with the issue of the licences.
(2) At any time when this Order applies in relation to the premises, any term, condition or restriction imposed by the licensing authority has no effect in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under this Order.
(3) Paragraph (1) does not apply where the licensing authority is also the enforcing authority.
- ↑ (a) S.I. 1977/500. Regulation 4A was inserted by S.I. 1992/2051 and amended by S.I. 1997/1840 and 1999/3242.
- ↑ (b) S.I. 1996/1513 amended by S.I. 1997/1840 and 1999/3242.
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