Introduction to Fire Safety Management

15.7.13 Section 49: False alarms of fi re
This section provides that a person who knowingly gives 
or causes someone else to give a false alarm of fi re to a 
person acting on behalf of a fi re and rescue authority is 
liable to a maximum level 4 fi ne, prison sentence of 51 
weeks, or both.
15.8
The Occupiers’ Liability Acts 1957 
and 1984
An occupier of premises (the person who has control over 
the premises, venue or site) owes a duty of care to all 
their lawful visitors to ensure that they will be reasonably 
safe using the premises for the purpose for which they 
are invited or permitted by the occupier.
This duty does not impose an obligation in respect 
of risks willingly accepted by the visitor if adequate 
steps are taken by the occupier to enable the visitor 
to be reasonably safe and they warn the visitor of any 
remaining risks.
The occupier must be prepared for the fact 
that children are less careful than adults and what may 
be an adequate warning to an adult may not be so for a 
child.
The 1984 Act extends the duty of care owed by the 
occupier to unlawful visitors or trespassers where:
➤
The occupier knows there is a risk because of the 
state of the premises and
➤
They have reasonable grounds to know the unlawful 
visitor will be on the premises and
➤
The risk to the unlawful visitor is one that the occu-
pier could reasonably be expected to provide some 
protection against.
15.9
The Employers’ Liability 
(Compulsory Insurance) Act 1969
The aim of the Employers’ Liability (Compulsory Insurance) 
Act 1969 (ELCI), and the supporting Employers’ Liability 
(Compulsory Insurance) Regulations 1998, is to ensure 
that employers have at least a minimum level of insurance 
cover against civil liability claims made by their:
➤
Employees for injuries sustained at work and
➤
Employees and former employees who may become 
ill as a result of their work.
ELCI applies to every employer, other than those listed 
under schedule 2 who are exempted, for example:
➤
Most public organisations including government 
departments, local authorities, police authorities and 
nationalised industries
➤
Health service bodies including National Health 
Service Trusts, Health Authorities, Primary Care 
Trusts and Scottish Health Boards
➤
Other public funded organisations such as 
passenger transport and magistrates’ court 
committees
➤
Family businesses, i.e. if employees are closely related 
to the employer (as husband, wife, father, mother, 
grandparents, children, siblings or half-siblings). 

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