Part 5: Other provisions about safety standards, etc. Fire safety Section 156: Amendment of Regulatory Reform (Fire Safety) Order 2005 Background
This Section amends Article 32 (4) and (7) of the FSO. We are introducing these changes further to the information gathered in the Call for Evidence and following the public response to proposals set out in the Fire Safety Consultation. Furthermore, these changes will make the FSO consistent with similar offences in other legislation such as the Building Safety Act and the Health and Safety at Work Act. Financial penalties for criminal offences in the FSO have historically been lower than similar offences in the Building Act. Increasing the level of fines for these three offences in the FSO to the same level as for other similar offences will encourage compliance.
	This amendment to the level of financial penalty that may be imposed for these offences enables the Magistrates Court, when prosecuting for these offences under the FSO to apply a higher level of fine for the most serious offences. Accordingly, this ensures these offences carry a suitable deterrent to discourage non-compliance with the Order.
Example
As an enforcing authority for the FSO, Fire and Rescue Authorities undertake routine building inspections to ensure compliance with the Order. The Inspector can take enforcement action when non-compliance has been identified, and prosecution action may be taken against the Responsible Person or dutyholder. If that person is found guilty, the Magistrates’ Court may decide to impose a fine.
By increasing these fines from a level 3 (£1,000) to unlimited, the Court is provided with a greater range of penalty to impose to reflect the severity of the offence. Through this change a court, after considering the evidence presented, will have the ability to impose unlimited fines for the most serious offences.