Fire Safety Bill — House of Commons, 2020-09-07
Topic: Housing
Rosalie Winterton (Labour, Centre-left): With this it will be convenient to discuss the following: New clause 2—Accreditation of fire risk assessors— ‘The relevant authority must by regulations amend the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) to require fire risk assessors for any building which contains two or more sets of domestic premises to be accredited.’ This new clause would require fire risk assessors to be accredited. New clause 3—Inspectors: prioritisation— ‘In discharging their duties under article 27 of the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) (powers of inspectors) in relation to any building which contains two or more sets of domestic premises, an inspector must prioritise the premises which they consider to be at most risk.’ This new clause would require the schedule for inspecting buildings to be based on a prioritisation of risk, not an arbitrary distinction of types of buildings. New clause 4—Meaning of responsible person— ‘In article 3 of the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) ("meaning of responsible person"), at the end of paragraph (b)(ii) insert— "(2) Where a building contains two or more sets of domestic premises, a leaseholder shall not be considered a responsible person unless they are also the owner or part owner of the freehold."’ This new clause aims to clarify the definition of ‘responsible person’ to ensure leaseholders are not considered a responsible person unless they are also the owner or part owner of the freehold. New clause 5—Waking watch— ‘The relevant authority must by regulations amend the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) to specify when a waking watch must be in place for any building which contains two or more sets of domestic premises and which has been found to have fire safety failings.’ This new clause would require the UK Government (for England) and the Welsh Government (for Wales) to specify when a waking watch must be in place for buildings with fire safety failures. Amendment 1, page 1, line 16, at end insert— ‘(1C) Where a building contains two or more sets of domestic premises, the things to which this order applies includes electrical appliances (1D) The reference to electrical appliances means any appliances specified by Order made by the relevant authority (1E) Schedule 1 of the Fire Safety Act 2020 shall apply to paragraphs (1C) and (1D).’ This amendment would clarify that the Fire Safety Order applies to electrical appliances. New schedule 1— ‘1 The relevant authority must, no later than 12 months after the date on which this Act is passed, make regulations specifying the electrical appliances covered by paragraph (1D) of the Regulatory Reform (Fire Safety) Order 2005 2 The relevant authority must, no later than 12 months after the date on which this Act is passed, make regulations to amend the Regulatory Reform (Fire Safety) Order 2005 ("the Order") as follows— (a) to require the responsible person for premises to which the Order applies to— (i) carry out electrical safety checks of such type as may be prescribed by the Order at such frequency as may be so prescribed (being no less frequently than every 5 years) at each set of domestic premises, regardless of whether the occupier is a tenant of the responsible person; (ii) keep records of the checks for such period as may be prescribed by the Order and make them available upon request to such persons as may be so prescribed; (iii) keep a register of such kinds of electrical appliances as may be prescribed by the Order that are kept in each set of domestic premises, regardless of whether the occupier is a tenant of the responsible person; (iv) check whether those electrical appliances are the subject of a recall notice under paragraph 12 of the Electrical Equipment (Safety) Regulations 2016 (b) to require occupiers of such premises to— (i) provide access to premises and allow action to remedy any failure to meet safety standards identified in a safety check carried out in accordance with sub-paragraph (a)(i); (ii) provide the relevant responsible person with information about electrical appliances prescribed in accordance with sub-paragraph (a)(iii) and kept in the premises; (iii) comply with any reasonable requirement made by the responsible person in relation to electrical appliances which the responsible person has reason to believe are the subject of a recall notice under paragraph 12 of the Electrical Equipment (Safety) Regulations 2016 3 Regulations made under paragraph 2 may— (a) confer a power to enter premises on such persons as may be prescribed in the Order for such purposes connected with the requirements imposed under the regulations as may be so prescribed (b) create offences; (c) amend the definition of "responsible person" in article 6 of the Order; (d) make such consequential, supplementary or incidental provision by way of amendments to the Order as the relevant authority considers appropriate. 4 Regulations made under paragraph 2 must provide that any power to enter domestic premises is not to be exercisable unless— (a) at a reasonable time and with the consent of the occupier of the premises; or (b) under the authority of a warrant issued by a justice of the peace." 5 In this schedule the term "relevant authority" has the same meaning as in the Regulatory Reform (Fire Safety) Order 2005.’ This new schedule would require the Government to make regulations specifying the electrical appliances to which the Fire Safety Order applies. It would also require the Government to amend the Order to impose additional duties on the responsible person and on occupiers. It is consequential on Amendment 1.