Electrical testing for businesses, homes or tenanted properties in Surrey, Sussex & Kent

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National Association of Professional Inspectors & Testers

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01444 617 266

legal requirements

Business, Employer responsibility.

An important part of Health and Safety is to ensure that electrical appliances within your business have been approved and are safe to be used by your staff and customers. The law states that all electrical equipment must be in a safe condition, fit for use and maintained appropriately to prevent danger.

Electricity At Work Regulations 1989, Regulation 4 - (2) Systems, work activities and protective equipment. 4 - (2) As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as is reasonably practicable, such danger.

The Health & Safety at Work Act 1974
The Management of Health & Safety at Work Regulations 1999
The Electricity at Work Regulations 1989
The Provision and Use of Work Equipment Regulations 1998
The Electrical Equipment (Safety) Regulations 1994

Landlords and Letting Agents responsibility.

The Electrical Equipment (Safety) Regulations 1994 state that all electrical appliances supplied with rented / let accommodation must be safe and applies to all new and second-hand appliances intended for use by the tenant. Failure to comply with the Electrical Regulations may constitute a criminal offence under the Consumers Protection Act 1987, which carries a maximum penalty on summary conviction of a £5000 fine and/or 6 months imprisonment.

In addition the persons responsible, may be sued in Civil Law under the duty of care, for failing to ensure the tenants safety and therefore face punitive damages if found guilty.

By scheduling regular Portable Appliance Testing landlords and letting agents can be sure that these appliances are safe and fit for purpose.

The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006

The Regulatory Reform (Fire Safety) Order has replaced previous legislation covering fire safety in non domestic premises. Under the provisions, there must be a ‘responsible person’ in respect of the premises, who is under an obligation to ensure there is a risk assessment in place. The consequences of failing to comply with these regulations are criminal liability along with the risk of invalidating building insurance policies.

Unlike the previous legislation, the requirements do not depend on the size of a business or how many employees work on the premises. Also, the common parts within blocks of flats are caught by these provisions. PALMS® will assist the responsible person in achieving compliance.

Insurance.

Insurance companies assume that businesses are complying with the regulations necessary, when providing cover but when a claim is made if any regulations have not been met this can delay, reduce the claim settlement or void insurance cover altogether.

Legal Penalty.

If you fail to comply with the Electrical Regulations, it may be tantamount to a criminal offence under the Consumer Protection Act 1987, which carries a maximum penalty on conviction of a £5,000 fine and/or 6 months imprisonment.

Landlords and Letting Agents can also be sued in Civil Law under the duty of care failing to ensure a tenants safety