Introduction to Fire Safety Management

Introduction to Fire Safety Management
➤ take samples of articles or substances
➤ require articles or substances to be dismantled and
tested as necessary
➤ take possession of articles or substances as
necessary
➤ require any person to give them information, to
answer questions as necessary and to sign a declaration
of the truth of their answers
➤ inspect and take copies of documents
➤ require facilities and assistance as necessary to
exercise their powers
➤ do anything else necessary to exercise their powers.
In addition to the above, appointed inspectors have the
following specifi c powers:
➤ the power to serve enforcement notices
➤ the power to seize, destroy or render harmless any
article or substance which the inspector believes is a
cause of imminent danger or serious personal injury.
15.3.16 Enforcement notices
Where an inspector is of the opinion that a person is
contravening a statutory provision, or has contravened
a statutory provision in circumstances that make it likely
that the contravention will continue or be repeated,
they may serve an improvement notice requiring remedial
action to be taken by a specifi ed date. The inspector
may give written confi rmation of the remedial action
required in the form of a schedule attached to the notice
but they are not required to do so.
Where an inspector is of the opinion that an activity
being carried out or likely to be carried out involves, or
will involve, a risk of serious personal injury, they may
serve a prohibition notice requiring that the activity is
suspended. The activity will be suspended either with
immediate effect or after a specifi ed time. Again, the
inspector may give written confi rmation of the remedial
action required in the form of a schedule attached to the
notice but they are not required to do so.
A person on whom a notice has been served may
appeal to the Employment Tribunal within 21 days of
the service date. Where an appeal is lodged against an
improvement notice, the notice is suspended pending
the outcome of the appeal. In the case of a prohibition
notice, the notice will stay in force pending the appeal
unless otherwise directed by the Employment Tribunal.
15.3.17 Sections 26 to 28
These sections cover the power of the enforcing authority
to indemnify their inspectors and provide detail
regarding the obtaining and disclosure of information by
the HSC, HSE and enforcing authorities.
348
15.3.18 Sections 29 to 32
These sections were repealed.
15.3.19 Section 33
This section covers offences and the penalties that
may be imposed in criminal proceedings for breaches
of the HSW Act and supporting regulations. Examples
of offences and penalties for both summary conviction
(magistrates’ court) and conviction on indictment (cases
taken in the Crown Courts) are summarised in Table 1.
The enforcing authorities can initiate criminal
proceedings regardless of whether any other action
has been taken. There is no obligation placed upon
the inspector to warn an offender of their intention to
prosecute although in practice prosecution is often only
used when warnings and persuasion have been ignored.
An inspector may prosecute either an individual person
or the employer organisation, or both.
15.3.20 Section 34
This section extends the time for bringing summary proceedings,
e.g. following delays for relevant inquiries or
inquests.
15.3.21 Section 35
This section enables the location of plant or substances
involving a breach of relevant statutory provisions to be
regarded as the location of the breach for the purposes
of enforcement.
15.3.22 Section 36
Where an offence committed by one person is due to the
act or default of another person, this section enables the
enforcing authority to initiate criminal proceedings against
the other person for the offence regardless of whether any
proceedings are taken against the fi rst person.
15.3.23 Section 37
Where an offence committed by a body corporate is
committed with the consent or connivance or is attributable
to the neglect of any director, manager or similar
offi cer of the body corporate, this section enables
the enforcing authority to initiate criminal proceedings
against both the corporate body and the individual person
for the offence.
15.3.24 Sections 38 and 39
Under these sections the power to initiate criminal proceedings
for summary trial in England and Wales is