FSO amended for custodial premises

FSO amended for custodial premises

THE REGULATORY Reform (Fire Safety) Order [FSO] has been amended slightly, with implications for fire safety work in custodial premises.

The amendment, The Regulatory Reform (Fire Safety) (Custodial Premises) Subordinate Provisions Order 2018, has now come into force, after the Secretary of State was said to be ‘of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise’. It is now already in force, and only ‘extends to England and Wales’ in its coverage.

Explaining the changes further, the update notes that the order has been amended ‘to provide that certain types of custodial premises now fall within’ article 25(1)’s sub paragraph (e) ‘irrespective of whether they are owned or occupied by the Crown’, with this meaning that a fire inspector ‘or any person authorised by the Secretary of State for the purposes of the Order, is the enforcing authority in relation to those premises’.

Such premises include: prisons; custodial premises such as ‘places for the detention of young offenders’; premises being approved under the Offender Management Act 2007; accommodation ‘provided by a court and used for the detention of persons who have been sentenced to imprisonment or detention or remanded in custody’.

In turn, other locations listed include: a removal centre, ‘pre-departure accommodation or short-term holding facility’ under the Immigration and Asylum Act 1999; a customs office under the Police and Criminal Evidence Act 1984; designated police stations; and offices of Revenue and Customs under that same act.

The order added that a full impact assessment ‘of the effect that this’ will have ‘on the costs of business, the voluntary sector and the public sector’ is available from www.legislation.gov.uk.