Introduction to Health and Safety at Work

17.15.4 Display of certifi cate
Under the regulations, employers must display in a suit-
able convenient location, a current copy of the certifi -
cate of insurance at each place of business where they 
employ relevant people.

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Summary of the main legal requirements
351
17.15.5 Retention of certifi cates
An employer must retain for at least 40 years copies of cer-
tifi cates of insurance which have expired. This is because 
claims for diseases can be made many years after the dis-
ease is caused. Copies can be kept electronically if this 
is more convenient than paper. An employer must make 
these available to health and safety inspect ors on request.
These requirements do not apply to policies which 
expired before 1 January 1999. However, it is still very 
important to keep full records of previous insurance 
policies for the employer’s own protection.
17.15.6 Penalties
The Health and Safety Executive enforces the law on 
employers’ liability insurance and HSE inspectors will 
check that employers have employers’ liability insurance 
with an approved insurer for at least £5m. They will ask 
to see the certifi cate of insurance and other insurance 
details.
Employers can be fi ned up to £2500 for any day 
they are without suitable insurance. If they do not display 
the certifi cate of insurance or refuse to make it available 
to HSE inspectors when they ask, employers can be 
fi ned up to £1000.
17.16 
Regulatory Reform (Fire Safety) 
Order 2005
17.16.1 Introduction
This Order, made under the Regulatory Reform Act 2001, 
reforms the law relating to fi re safety in non-domestic 
premises. It replaces fi re certifi cation under the Fire 
Precautions Act 1971 (which it repeals) with a general duty 
to ensure, so far as is reasonably practicable, the safety 
of employees, a general duty, in relation to non-employ-
ees to take such fi re precautions as may reasonably be 
required in the circumstances to ensure that premises are 
safe and a duty to carry out a risk assessment.
The Fire Certifi cate (Special premises) Regulations 
1976, The Fire Precautions (Workplace) Regulations 
1997 and amendment Regulations 1999 are all revoked.
The Fire Safety Order is the responsibility of the 
Department for Communities and Local Government 
and is enforced by the local fi re and rescue authorities, 
with some exceptions which include:
➤
the HSE for:
➤
Nuclear 
Installations
➤
Ships in construction or repair, and
➤
Construction sites other than a construction 
site which is contained within, or forms part of, 
premises which are occupied by persons other 
than those carrying out the construction work or 
any activity arising from such work.
➤
In Crown occupied and Crown owned buildings 
enforcement is carried out by the Fire Services 
Inspectorates appointed under the Fire Services Act 
1947
➤
Local Authorities for Certifi cated Sports Grounds.
The order came into force on 1 October 2006 with a 
number of guidance documents.
In Scotland the Fire Safety legislation is enacted 
through the Fire (Scotland) Act 2005 which in brief covers 
the following.
The Fire (Scotland) Act 2005 received Royal Assent 
on 1 April 2005. Parts 1, 2, 4 and 5 of the Act commenced 
in August 2005. Part 3 introduces a new fi re safety regime 
for non-domestic premises and is due to come into force 
on 1 October 2006 and will replace the Fire Precautions 
Act 1971 and the Fire Precautions (Workplace) Regulations 
1997, as amended. Fire certifi cates will no longer be 
required after 1 October 2006 and the new fi re safety 
regime will be based on the principle of risk assessment 
(similar to the Fire Precautions (Workplace) Regulations).
Fire safety regulations are currently being prepared 
which will contain detailed provisions in respect of fi re 
safety risk assessments and fi re safety measures. These 
regulations came into force on 1 October 2006.
Ten guidance documents to complement the new 
legislation and help those with fi re safety responsibil-
ities to understand their duties are available. A guidance 
booklet, which is applicable to all premises, regardless 
of the size and activities undertaken on the premises, is 
available, free of charge, from Blackwell’s Bookshop, 53 
South Bridge, Edinburgh. Local fi re and rescue author-
ities also have a supply of the booklets and may be able 
to assist with any requests for additional copies (check 
the phonebook for contact details).
The guidance booklet is available for download-
ing from a new website dedicated to the new fi re safety 
regime which can be accessed at www.infoscotland.com/
fi relaw. The website includes a facility for signing up to 
receive e-mail updates on progress with the new legisla-
tion and the availability of guidance documents.
If there are any queries about the new fi re safety 
legislation, publicity campaign or guidance documents, 
contact the Justice Department Fire Branch on 0131 244 
5338 or 0131 244 2784. Alternatively send an e-mail to 
[e-mail].