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Proposals to remove fourteen legislative measures

Annex 1 - Celluloid and cinematograph film legislation

Celluloid and Cinematograph Film Act 1922

1.1 This Act (and the following two sets of regulations) relate to the prevention of fire in premises where raw celluloid or cinematograph film is kept or stored. It relates to non-workplaces (e.g. domestic premises and premises used by civil societies, such as film clubs).

1.2 The Act no longer applies to workplaces, within the meaning of the Regulatory Reform (Fire Safety) Order 2005 (RR(FS)O). This element has been superseded by more recent legislation - they are now covered by the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR), in relation to any special, technical or organisational workplace fire precautions and, in relation to general fire safety precautions (such as the means for escape), by the RR(FS)O. The Act does still relate to the self employed, however both the RR(FS)O and DSEAR apply to the self-employed with business premises, so if the Act is repealed, standards for health and safety for the self-employed with business premises will be maintained.

1.3 If this Act is repealed, then the following two sets of amending Regulations can also be revoked.

Celluloid and Cinematograph Film Act 1922 (Repeals and Modifications) Regulations 1974 (S.I. 1974/1841)

1.4 These Regulations repeal and modify provisions of the 1922 Act in consequence of the establishment of the Health and Safety Executive and the coming into operation of the Health and Safety at Work etc Act 1974.

Celluloid and Cinematograph Film Act 1922 (Exemptions) Regulations 1980 (S.I. 1980/1314)

1.5 These Regulations allow HSE to grant exceptions from any requirement or prohibition imposed by or under section 1(1) of the 1922 Act, or any order made under section 1(4) of that Act.

Rationale for revocation

1.6 HSE believes that this Act and the two sets of Regulations are no longer required. The prevention of fire in workplaces is covered by more recent legislation. The risk from work activities involving plant or machinery and the use or storage of dangerous substances that have a particular risk of fire or explosion (such as raw celluloid and cinematograph film) are covered by DSEAR. In addition, general fire safety (including in small venues such as clubs and church halls that film clubs might use) is covered by the Regulatory Reform (Fire Safety) Order 2005 in England and Wales, and Part 3 of the Fire (Scotland) Act 2005, supported by the Fire Safety (Scotland) Regulations 2006 in Scotland.

1.7 HSE does not believe that raw celluloid (nitro-cellulose) is used or stored in non-workplace premises (based on a previous consultation exercise related to the introduction of DSEAR). Cinematograph film (also known as nitrate-base film material or cellulose nitrate film) has not been used to produce motion pictures since 1951. Some old nitrate-base film materials may still be present in private premises but this will be a reducing amount. HSE is not aware of any formal reports of fires being caused by nitrate-base film materials in non-workplace premises in recent years.

1.8 If this legislation is removed HSE will work with stakeholders to review the available guidance on cellulose nitrate film.