533.This section makes amendments to the Regulatory Reform (Fire Safety) Order 2005 (the “FSO”).
534.Article 22C requires “responsible persons” for premises under the FSO, to co-operate with any accountable persons and duty holders under the Act. This duty applies where they are responsible for parts of the same building. For example, where a building is comprised of two flats that share an entrance and a shop below the flats, there will be at least one accountable person for the residential parts (under the Act) and at least one responsible person for the shop (under the FSO).
535.This provision requires responsible persons to take such steps as are reasonably practicable to establish whether there are accountable persons or duty holders in respect of the building of which the responsible person’s premises form part. If there are, the responsible person must co-operate with those persons for the purpose of the persons carrying out their duties under the Act.
536.This provision requires responsible persons, if they become aware of any person treated as an accountable person under section 36 of the Act, to co-operate with that person for the purpose of them carrying out their duties under the Act.
537.There are reciprocal duties in sections 68(11) and 91(11) of the Act, placed on accountable persons (including those treated as accountable persons under section 36) and duty holders (respectively), to co-operate with responsible persons.
538.This section also inserts articles 22D and 22E into the FSO, these articles make provision about the giving of information by responsible persons to accountable persons and duty holders (respectively).
539.Enforcement provisions under the FSO do not apply to breaches of articles 22C to 22E, as these will be enforced under section 94 of the Act (subsections (5) - (8)).
540.The amendment to the heading of article 22B is not substantive but makes clear from the heading that article 22B does not apply in relation to Wales. Subsection (4) makes provision consequential to that in subsection (2).
Commentary on Sections Guidance and co-operation Section 121 - Co-operation and information: duties of responsible persons under Fire Safety Order