Rank: Guest 
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Posted By Malcolm Hogarth
Hi all,
Can somebody clarify the position with regard to the RRO and what legislation a prosecution might be brought under?
I have had conflicting information and need to be up to speed. One source stated that the Order replaced all previous fire legislation and another that prosecutions would be brought under the Fire Precautions Act. Does this Act continue to exist?
Many thanks,
Malcolm
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Rank: Guest
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Posted By shaun mckeever
The Fire Precautions Act 1971 ceases to have effect from 1st October.
As I understand it there are transitional arrangements so that any outstanding improvement or prohibition notices or any prosecutions currently underway can be carried forward to the new regime.
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Rank: Guest
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Posted By DJ
Sean,
That is not strictly correct. Any existing enforcement notices or prosecutions underway at the time the new legislation comes into force continue under the FPA, as that will have been the legislation in place at the time the enforcement action was commenced. From the coming into force of the new law, prosecutions and other enforcement action will be brought by the relevant enforcement agency under the new legislation.
I hope this helps to clarify matters.
Regards.
DJ
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Rank: Guest
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Posted By shaun mckeever
Thanks for clarifying that for me DJ.
I thought I would do a little bit of homework myself on this particular issue. Apparently it is all to do with the Interpretation Act 1978 section 16. Any action started prior to the repeal of the act will continue as if the act was still in force.
I've learned something new today!
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