Statutory

The term 'statutory' denotes anything required by primary legislation such as Acts of Parliament and secondary legislation such as Statutory Instruments (including Regulations).

"When working to achieve statutory compliance, primary and secondary legislation often focuses on general outcomes rather than prescribing specific activities. The specific activities required to meet statutory compliance may, therefore, be included in government guidance and Approved Codes of Practice (ACoPs) published by agencies such as the Health and Safety Executive (HSE), or other industry standards and/or guidance (BSI standards, publications by trade associations and professional bodies, etc)."

"In the absence of a traceable reference to legislation, following industry standards and/or guidance may assist in discharging duties under the statutory requirements. For example: in relation to electrical installations, The Health and Safety at Work etc. Act 1974 led to the Electricity at Work Regulations 1989. This, in turn, is supported by the HSE issued guidance note HSR25 which also references British Standard 7671, which is supported by an on-site guide."

This definition was the result of an initiative developed in partnership with SFG20 (part of the Building Engineering Services Association (BESA), the Chartered Institution of Building Services Engineers (CIBSE), the Building Services Research and Information Association (BSRIA) and the Institute of Workplace and Facilities Management (IWFM), which aims to standardise the interpretation and application of statutory requirements across the industry.

The agreement and definition were facilitated by IWFM’s Procurement and Contract Management Special Interest Group (SIG), to address the need for consistency in WFM contracts. Historically, varied interpretations of statutory requirements have led to compliance issues and potential risks of non-compliance. The agreed definition of "statutory" encompasses anything required by primary legislation, such as Acts of Parliament, and secondary legislation, like Statutory Instruments. It also includes specific activities outlined in government guidance and Approved Codes of Practice (ACoPs) from agencies like the Health and Safety Executive (HSE), as well as industry standards and guidance from professional bodies. The unified definition aims to raise standards, reduce ambiguity in contractual specifications, and ensure properties consistently meet statutory requirements.

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