National Enforcement Registers
What are the National Enforcement Registers?
The National Enforcement Registers are unique national registers where Fire and Rescue Services (FRS) can publicly display the details of enforcement action taken in line with their statutory responsibilities. There are 3 registers:
- The Enforcement Register – This register details Enforcement, Prohibition and Alteration Notices that have been served on business premises under the Regulatory Reform (Fire Safety) Order 2005
- The Prosecution Register – This register details prosecutions taken in relation to breaches of The Regulatory Reform (Fire Safety) Order 2005
- Petroleum and Explosives Register – This register is in development and further information will follow
The registers are intended to provide interested parties with access to details regarding FRS enforcement activities and assist FRS to comply with their duties under the Environment and Safety Information Act 1988 which requires the keeping of a register for public access. They also provide Fire Safety staff in FRS’s with a national picture of enforcement action allowing FRS’s to identify repeat offenders across FRS borders.
Notices will appear on this Enforcement Register database for a period of 5 years. Notices served on individuals under the age of 18 will be removed sooner. Information contained on the Prosecution Register will remain for a minimum of 5 years.
FRS’s have taken steps to ensure that notices which are withdrawn or subject to Appeal are not included. This register is essentially a replica of data held by Fire and Rescue Services and data will appear on the register as and when it is provided by them, though generally, this will be updated on a weekly basis.
How do I access the register?
The register can be accessed through the Register Search page or via the menu down the left side of this page. Authorised users in Fire and Rescue Services can find detailed guidance and upload data through the Upload Data pages. If you wish to become an Authorised user for a Fire and Rescue Service, please contact IT Support.
Enforcement of the Regulatory Reform (Fire Safety) Order 2005
FRS enforce the Regulatory Reform (Fire Safety) Order 2005 for almost all places in England and Wales, except those used solely for domestic purposes. However, even in domestic premises such as flats, the common or shared areas still come under the regulations. Someone who is proved to have failed to comply with the Fire Safety Order is guilty of a criminal offence and may be charged accordingly.
Some Fire & Recue Services also enforce legislation relating to Explosives and Petroleum. Notices issued regarding this aspect will be included on the dedicated register.
Inspectors from FRS normally enforce fire safety standards by giving advice on how to comply with the law. Sometimes FRS must order people to make improvements by issuing them with a notice. This is done through either an Enforcement Notice, which allows time for the recipient to comply or a Prohibition Notice which prohibits or restricts the use of all or part of the premises until remedial action has been taken.
Prohibition notices are served where the Enforcing Authority believe that there a risk of death or serious injury to any person that may enter the premises should a fire occur.
Failing to comply with a Prohibition Notice is a criminal offence and can result in the prosecution of any person who contravenes the conditions specified in the notice. This notice will normally inform the Responsible Person of the actions necessary to remove the dangerous conditions.
FRS can also serve an Alterations Notice (under the Fire Safety Order) which places a legal requirement on the responsible person to inform the Enforcing Authority before they can make certain changes to premises.
They are usually served on premises that present a higher risk to people, they are to prevent any significant or material changes being made that may impact upon the safety of people within the premises, for example, where a complex fire engineered* solution is provided to safeguard the occupant of the premises.
In certain circumstances the FRS will prosecute individuals and companies for breaches of legislation. In relation to the Regulatory Reform (Fire Safety) Order 2005 a sentence of 2 years imprisonment and/or an unlimited fine per individual offence is the maximum sentence available to the courts.
Petroleum and Explosion
Further information will follow in relation to enforcement of petroleum and explosive premises