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The Fire Safety (Employees' Capabilities) (Wales) Regulations 2012

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Welsh Statutory Instruments

2012 No. 1085 (W.133)

FIRE PRECAUTIONS, WALES

The Fire Safety (Employees' Capabilities) (Wales) Regulations 2012

Made

8 April 2012

Laid before the National Assembly for Wales

16 April 2012

Coming into force

12 May 2012

The Welsh Ministers make the following Regulations in exercise of the powers conferred on the Secretary of State by article 24 of the Regulatory Reform (Fire Safety) Order 2005(1) and now vested in them(2).

In accordance with article 24(4) of that Order the Welsh Ministers have consulted such persons or bodies of persons as appeared to the Welsh Ministers to be appropriate.

The Welsh Ministers make the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is The Fire Safety (Employees' Capabilities) (Wales) Regulations 2012.

(2) These Regulations come into force on 12 May 2012.

(3) These Regulations apply in relation to Wales.

Employer to take employees' capabilities into consideration

2.  Every employer must, in entrusting tasks to employees, take into account their capabilities as regards health and safety, so far as those capabilities relate to fire.

Carl Sargeant

Minister for Local Government and Communities, one of the Welsh Ministers

8 April 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, provide that employers must take into account employees' capabilities as regards fire safety in entrusting tasks to them. They implement article 6(3)(b) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work and mirror regulation 13(1) of the Management of Health and Safety at Work Regulations 1999 (S.I. 1999/3242).

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

S.I. 2005/1541; amended by S.I. 2006/484; there are other amending instruments but none is relevant.

(2)

The powers of the Secretary of State were transferred, in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 2006 (S.I. 2006/1458). The functions of the National Assembly for Wales were transferred to the Welsh Ministers under paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

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