Introduction to Fire Safety Management

Regulations and Orders 
Many Acts of Parliament confer power on a Secretary of 
State or Minister of the Crown to make Regulations and 
Orders, these are also known as Statutory Instruments. 
The specifi c section of the HSWA that relates to this 
power is section 15. Statutory Instruments specify the 
more detailed rules of the parent Act. Regulations and 
Orders are referred to as ‘subordinate’ or ‘delegated’ 
legislation because the power to make them is dele-
gated by an Act of Parliament. Parliament does not 
debate regulations and Orders and so they are able to 
be made and implemented quickly. Although Parliament 
does not debate Regulations they are legally binding and 
enforceable in the same way as statutes.
Regulations and Orders are written using the same 
legal terms as the statutes that enable them. To defi ne 
the regulations and Orders in language that is easily 
understood, Approved Codes of Practice and Guidance 
notes are issued.
Approved Codes of Practice (ACoPs)
These Codes of Practice are issued by the Health and 
Safety Commission (HSC) and approved by the Secretary 
of State. They provide practical guidance on the require-
ments which are set out in the legislation. Although 
Approved Codes of Practice are not legally binding in 
themselves they are used as a minimum standard in a 
court of law.
They have a quasi legal status in that they give 
practical advice on how to comply with the law. If the 
advice in an ACoP is followed, those following it will be 
doing enough to comply with the law in respect of those 
specifi c matters on which it gives advice. Alternative 
methods to those set out in an ACoP in order to comply 
with the law may be used.
Figure 1.6
Law 
courts
Figure 1.7
Approved Codes of Practice

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