explosive atmospheres(a)[1], except for any means of transport intended for use in a potentially explosive atmosphere.
(3) Articles 19 and 21 impose duties only on responsible persons who are employers.
(4) The requirements of articles 8 to 23, or of any regulations made under article 24, do not have effect to the extent that they would prevent any of the following from carrying out their duties—
- (a) any member of the armed forces of the Crown or of any visiting force;
- (b) any constable or any member of a police force not being a constable;
- (c) any member of any emergency service.
(5) Without prejudice to paragraph (4), article 14(2)(f) does not apply to any premises constituting, or forming part of, a prison within the meaning of the Prison Act 1952(b)[2] or constituting, or forming part of, a remand centre, detention centre or youth custody centre provided by the Secretary of State under section 43 of that Act or any part of any other premises used for keeping persons in lawful custody or detention.
(6) Where paragraph (4) or (5) applies, the safety of relevant persons must nevertheless be ensured so far as is possible.
PART 2
FIRE SAFETY DUTIES
Duty to take general fire precautions
8.—(1) The responsible person must—
- (a) take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees; and
- (b) in relation to relevant persons who are not his employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe.
Risk assessment
9.—(1) The responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order.
(2) Where a dangerous substance is or is liable to be present in or on the premises, the risk assessment must include consideration of the matters set out in Part 1 of Schedule 1.
(3) Any such assessment must be reviewed by the responsible person regularly so as to keep it up to date and particularly if—
- (a) there is reason to suspect that it is no longer valid; or
- (b) there has been a significant change in the matters to which it relates including when the premises, special, technical and organisational measures, or organisation of the work undergo significant changes, extensions, or conversions,
and where changes to an assessment are required as a result of any such review, the responsible person must make them.
- ↑ (a) OJ No. L23, 28.1.00, p. 57.
- ↑ (b) 1952 c. 52. Relevant amendments to section 43 are contained in the Criminal Justice Act 1988 (c. 33), sections 123(6) and 170 and Schedules 8(1) and 15(11), the Crime and Disorder Act 1998 (c. 37), section 119 and Schedule 8(6), the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 165(1) and Schedule 9(5) and the Criminal Justice and Court Services Act 2000 (c. 43), section s 59 and 75 and Schedule 8(1).
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