The responsible person is whoever has control of the building, for the use that puts it in scope. For most community venues, that's the committee, trust, club, council or company that runs it. It isn't a job you hand to a volunteer, and it isn't always the owner.
What the law says
The Act says a person is responsible for a building if they have control of it in connection with its use, such as worship, a hall for hire, food and drink or sport (the Act, section 4). The Home Office's guidance adds three things (statutory guidance, chapter 6):
- It isn't a choice. Who it is follows from the law, so you can't pick someone (para 6.1).
- It can be an organisation. It may not be a named individual or a single person (para 6.2).
- Control isn't ownership. It usually means being in the building and being able to decide things, such as who can stay. A tenant or licence holder can have control (para 6.3).
Who it is, in common situations
| Your situation | Usually the responsible person |
|---|---|
| A hall run by a management committee | The committee. The guidance's own village hall example says so (para 6.5). |
| A building you rent or lease | You, if you control it, not your landlord (para 6.3). The landlord must co-operate where it has some control. |
| Your building, hired out for the evening | Still you. Hiring out doesn't change it (para 6.13). |
| A big public event of 800 or more, run by a hirer | The hirer may become responsible for that event, if it takes control for it (para 6.5). Get specialist advice. |
| More than one organisation shares control | Each is responsible, and you must work together (the Act, sections 4 and 8). |
If a council leases a hall to a management committee that runs it, the same test points to the committee, with the council co-operating as landlord. The guidance doesn't give that exact example, so check what your lease says about who controls the building.
What the responsible person has to do
At the standard tier:
- Tell the SIA, the regulator, when it becomes responsible, when it stops, and when the details it gave change. What to send, and when, will be set out before the duties start (the Act, section 9).
- Have the four plans, so far as is reasonably practicable: get everyone out, bring everyone in, lock down and keep people informed (section 5).
- Work with others who share control of the building, or have some control over it (section 8).
It can hand out tasks, such as drafting the plans or briefing volunteers, but not the legal responsibility itself (para 6.1).
Is a "senior individual" needed?
Not at the standard tier. The duty to name a senior individual applies only to enhanced tier premises and qualifying events, where the responsible person isn't a single person (section 10; guidance para 9.12).
It's still sensible to agree who leads the work on the committee's behalf, and to write that down.
When people change
The law asks you to tell the SIA when you start or stop being responsible, and when your details change. It doesn't say anything specific about committee members coming and going. If the committee as a whole is the responsible person, a new chair doesn't change that, but update any contact details you gave the SIA.
Write it down
Agree it at a meeting and put it in the minutes. Then take the free readiness check to see what's left to do. Our free committee pack has draft wording, such as "The committee agreed that ... is the responsible person for the premises, and that ... will lead the work on its behalf."
Where to read more
- The Act, section 4: the responsible person
- Home Office: responsible person factsheet
- Home Office: statutory guidance, chapter 6
- ProtectUK: the responsible person
General information, not legal advice.