|
|
1 |
Summary |
|
|
1.1 |
The introduction of the Manufacture and Storage of Explosive Regulations (MSER) 2005 contains an unfortunate omission in the text. This error has implications for the powers of enforcement and registration under the Regulations for fire and rescue authorities across the country. |
|
|
1.2 |
A corrective amendment to the Regulations is being pursued by the Health and Safety Executive. The amendment is expected to be implemented by the 1st October 2007. However, it is just possible that insufficient Parliamentary time might result in a delay beyond this date. |
|
|
1.3 |
In order to overcome the problems any delay would cause, it would make sense to put measures in place to enable the Authority to take the necessary urgent action to enable the delegation of powers of enforcement and registration to the trading standards departments of Hampshire County Council, Portsmouth City Council and Southampton City Council. |
|
|
2 |
RecommendationError! Bookmark not defined. |
|
|
2.1 |
That the Authority notes the current error in the Manufacture and Storage of Explosive Regulations 2005; and, in the event that this error is not rectified by Parliament by 1 October 2007, authorises the Chief Officer and Clerk to take the necessary action to achieve the delegation of responsibilities for the enforcement and registration of the Regulations, to the three constituent local authority trading standards departments (Hampshire County Council, Portsmouth City Council and Southampton City Council). |
|
|
3 |
Introduction Error! Bookmark not defined.and Background |
|
|
3.1 |
The Manufacture and Storage of Explosive Regulations 2005 (MSER) were intended to give enforcement responsibilities to metropolitan county fire and rescue authorities and for areas outside London, to county councils or unitary authorities. |
|
|
3.2 |
The words `metropolitan county' were omitted from the definition of local authority, thereby effectively giving enforcement and licensing responsibilities to all fire and rescue authorities, including combined fire and rescue authorities. |
|
|
3.3 |
The Trading Standards functions of Hampshire County Council, Portsmouth City Council and Southampton City Council have traditionally enforced the Regulations within the boundaries of Hampshire and have well established procedures and expertise to do so. |
|
|
4 |
Issues |
|
|
4.1 |
Hampshire Fire and Rescue Service are currently unable to effectively enforce the requirements of the MSER 2005 due to: a) limited personnel resources b) limited administration facilities c) lack of financial protocols for licensing d) lack of sector competent personnel to enforce the regulations or process licence applications.
|
|
|
4.2 |
It has been anticipated that the amended Regulations were to be ready for commencement on the 1st October 2007. However, information on the Health & Safety Executive's website suggests that it is possible that due to parliamentary procedures and timetabling, the Regulations might not be rectified until April 6th 2008. |
|
|
4.3 |
Representatives from the trading standards departments of each of the three constituent authorities have been contacted and have indicated that they are prepared to accept the delegated powers, prior to introduction of the amended regulations if this is deemed necessary. |
|
|
4.4 |
Any other fire safety regulatory issues that may arise on sites covered by the Regulations would continue to be resolved under the Fire Safety Order 2005 by HFRS. |
|
|
5 |
Next steps |
|
|
5.1 |
The Service will continue to monitor the progress of this legislation through Parliament; and, if there are to be any further delays, it is recommended that steps be taken to gain the formal approval of the three constituent authorities for the powers to be delegated. It may be necessary to take this action at very short notice which is why approval is sought to authorise the Chief Officer and Clerk, , to formalise the delegation of the powers to the three authorities until the legislation is corrected. |
|
|
6 |
Risk Analysis |
|
|
6.1 |
Should the amending Regulations not be implemented by 1 October 2007, the Authority will be vulnerable for at least a six month period, with limited experience and resources to deal with any safety or enforcement issues arising during this time, which includes the two peak periods of celebration activity involving explosives: Bonfire Night and New Years Eve.It is for that reason that the principle of delegation to the Councils of Hampshire, Southampton and Portsmouth is recommended because they are resourced to undertake this role. |
|
|
7 |
Equality Impact Assessment |
|
|
7.1 |
There are no equality issues arising from the recommendations of this report and the proposals within this report are considered compatible with the provisions of the European Convention on Human Rights, the Human Rights Act 1998, and the Race Relations (Amendment) Act 2000. |
|
|
8 |
Consultation |
|
|
8.1 |
Informal consultation has already taken place with each local trading standards office and there has been no indication of any resistance to this proposal. |
|
|
8.2 |
There will need to be further formal consultation with each of the three authorities should the delegation of powers be deemed necessary. |
|
|
|
Background Information (Section 100D of Local Government Act 1972) |
|
The following documents disclose the facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of the report: _ The Manufacture and Storage of Explosives Regulations 2005 Note: The list excludes: (1) published works; and (2) documents that disclose exempt or confidential information defined in the Act. |
