PART 1
GENERAL
Citation, commencement and extent
1.—(1) This Order may be cited as the Regulatory Reform (Fire Safety) Order 2005 and shall come into force in accordance with paragraphs (2) and (3).
(2) This article and article 52(1)(a) shall come into force on the day after the day on which this Order is made.
(3) The remaining provisions of this Order shall come into force on 1st April 2006.
(4) This Order extends to England and Wales only.
Interpretation
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)(a)[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(b)[2];
“child” means a person who is not over compulsory school age, construed in accordance with section 8 of the Education Act 1996(c)[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(d)[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(e)[5];
- ↑ (a) ISBN 0-7176-2369-6.
- ↑ (b) S.I. 2002/1689.
- ↑ (c) 1996 c. 56; section 8 was amended by the Education Act 1997 (c. 44), section 52.
- ↑ (d) 1974 c. 37; the meaning of “employee” was extended by the Police (Health and Safety) Act 1997 (c. 42), section 1.
- ↑ (e) 2004 c. 21.
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