Consideration of a Determination

Consideration of a determination under article 36 of the Order should be at the earliest suitable opportunity and wherever possible before a formal enforcement notice has been issued. If an enforcing authority considers the breach is so serious that they have served an enforcement notice, a determination may not be appropriate.

Either party may refuse to agree to this procedure – for instance, if an enforcing authority considers that any delay brought about by the process would put people’s safety at an unacceptable risk. In this case it is expected that enforcement action would be taken without a referral for a determination.

Determinations can only be made in respect of technical disagreements. The Secretary of State cannot determine the law itself

The Chief Fire and Rescue Adviser (‘the CFRA’) will provide independent professional advice to the Secretary of State in cases which have been referred for determination. In providing advice the CFRA may, where appropriate, seek technical support from a range of sources, other than from either of the parties seeking the determination.

Once the Secretary of State has made a determination, the enforcing authority may not take enforcement action that would be in conflict with his determination. Once the decision has been issued the Secretary of State has no further jurisdiction in the case and any matters that follow should be referred back to the enforcing authority.