---
title: "Law versus Code: What’s the difference?"
description: Lift tests every six months are law. Weekly fire alarm tests aren't. Which school compliance intervals are legal — and which are just code? From Statlog
image: https://statlog.co.uk/hubfs/pattest.png
---

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# Law versus Code: What’s the difference?

 by [**Richard Melis**](https://statlog.co.uk/statlog-news-insights/author/richard-melis) on 6 Oct 2026, 17:34:30

It’s the kettle round again. Someone walks the school, tests the appliances, applies the labels and writes it all down.

If a governor asks why it happens every year, “because it’s the law” sounds like a complete answer.

But does the law require annual testing, or does it require you to keep the equipment safe?

For portable electrical equipment, it’s the second. There is no blanket legal requirement for annual PAT. The checks and testing needed depend on the equipment and how it is used. [1](https://www.hse.gov.uk/electricity/faq-portable-appliance-testing.htm)

An annual round might be right for your school. But a vacuum that gets lugged around and a printer that hardly moves don’t necessarily need the same attention. The IET recognised this in its fifth-edition Code of Practice: it removed the testing-frequency table and put the emphasis on assessing the equipment, its use, its surroundings and previous findings. [2](https://electrical.theiet.org/wiring-matters/years/2021/84-march-2021/the-all-new-5th-edition-of-the-iet-code-of-practice-for-in-service-inspection-and-testing-of-electrical-equipment/)

“The contractor comes in August” explains the booking. It doesn’t explain the interval.

### A code isn’t always just advice

Codes and standards describe recognised ways of meeting legal duties. But they don’t all have the same status.

An **Approved Code of Practice**, or ACOP, has particular weight in court. Ignoring it isn’t an offence by itself. But if you’re prosecuted for breaking health and safety law, and it’s proved you didn’t follow the relevant ACOP advice, you’ll need to show that you met the legal duty another way. That’s what its “special legal status” means in practice. [3](https://www.hse.gov.uk/legislation/legal-status.htm)

L8, covering legionella, is an example. It contains both ACOP advice and ordinary guidance; its technical guidance sits separately in HSG274. So the status of the particular advice matters, not just the document’s title. [4](https://www.hse.gov.uk/pubns/books/l8.htm)

British Standards such as BS 5839-1 for fire alarms and BS 5266-1 for emergency lighting, and industry specifications such as TR19 Grease for kitchen extraction, are benchmarks rather than legislation. Following them helps demonstrate good practice, but you still need to know that the arrangements suit your building and the work is done properly. [5](https://www.bsigroup.com/en-GB/insights-and-media/insights/blogs/whats-the-difference-between-standards-and-regulations/)

Sometimes the law requires an examination plan without printing the interval itself. For qualifying pressure systems, a competent person must draw up or approve a Written Scheme of Examination. The law then requires examinations in accordance with it. The number comes from the scheme; the duty to follow it comes from legislation. [6](https://www.hse.gov.uk/pubns/priced/l122.pdf)

### Where does the date come from?

Take your **weekly fire-alarm test**. For schools in England, the Fire Safety Order requires proper maintenance but doesn’t specify “weekly”; that recommendation comes from official guidance. Compare that with your **passenger lift**: six-monthly thorough examination is the legal default, although a competent person can set different intervals through an examination scheme. Extra examinations are required after exceptional events that could affect safety. [7](https://www.gov.uk/government/publications/fire-safety-risk-assessment-educational-premises) [8](https://www.hse.gov.uk/work-equipment-machinery/thorough-examinations-lifting-equipment.htm)

And the **kettle**? Its inspection and testing interval comes from assessing the risks. All three belong on a compliance calendar, but the reason behind each date is different.

Other checks follow the same pattern. For qualifying air-conditioning equipment in Great Britain, F-gas leak-check intervals are set in regulations according to the refrigerant’s quantity and climate impact. The base intervals are 12, six or three months, with exemptions and longer intervals where qualifying automatic leak detection is fitted; detection is compulsory at the highest threshold. [9](https://www.gov.uk/guidance/checking-f-gas-equipment-for-leaks) Where PUWER applies, sliding folding walls that could deteriorate dangerously need inspection at suitable intervals. [10](https://www.hse.gov.uk/work-equipment-machinery/inspection.htm) Emergency lighting has a legal duty behind it, with monthly inspection and testing set out in BS EN 50172. [11](https://www.lialabcert.org.uk/standards/2IIJIHSmClhfd2IJlOjR4PE4xQO42zqU/BS-EN-501722024.pdf)

**Gas depends on the arrangement.** Workplace appliances, installation pipework and flues must be kept safe. The separate annual landlord’s safety-check duty can apply to boarding accommodation or a let caretaker’s cottage, including a boiler elsewhere that serves it. Ordinary non-residential hall hire doesn’t itself create that duty. Where the annual check applies, doing it within the two months before its deadline preserves the existing anniversary date. [12](https://www.hse.gov.uk/pubns/priced/l56.pdf)

### Give the date a reason

Manufacturer instructions, contracts and insurance conditions can also affect the calendar. “It isn’t a fixed interval in legislation” doesn’t settle whether it applies to your school.

When someone asks why a check is required, the useful answer is:

**“This is the legal duty. This is where the interval comes from. This is why it applies here.”**

That means knowing who chose the interval, what informed it and when it was last reviewed.

> An interval with no traceable basis isn’t automatically wrong. It’s an unanswered question.

The kettle round may still belong on the calendar. What matters is being able to explain why.

“Next due” tells you when to book the contractor. The reason beside it tells you what you’re managing.

---

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---

#### Sources

1. **Electrical maintenance and PAT:** [Electricity at Work Regulations 1989, regulation 4(2)](https://www.legislation.gov.uk/uksi/1989/635/regulation/4); HSE’s [portable-appliance testing FAQs](https://www.hse.gov.uk/electricity/faq-portable-appliance-testing.htm).
2. **Assessment of testing intervals:** IET, *[The all-new 5th edition of the IET Code of Practice for In-Service Inspection and Testing of Electrical Equipment](https://electrical.theiet.org/wiring-matters/years/2021/84-march-2021/the-all-new-5th-edition-of-the-iet-code-of-practice-for-in-service-inspection-and-testing-of-electrical-equipment/)*, March 2021. Covers removal of the frequency table and the factors used to assess intervals.
3. **ACOP legal status:** [Health and Safety at Work etc. Act 1974, section 17](https://www.legislation.gov.uk/ukpga/1974/37/section/17); HSE, *[Legal status of HSE guidance and ACOPs](https://www.hse.gov.uk/legislation/legal-status.htm)*.
4. **Legionella guidance:** HSE, *[Legionnaires’ disease: The control of legionella bacteria in water systems](https://www.hse.gov.uk/pubns/books/l8.htm)*[, L8](https://www.hse.gov.uk/pubns/books/l8.htm). The publication page explains the separate HSG274 technical guidance; L8 paragraph 8 distinguishes ACOP text from guidance.
5. **Standards and specifications:** BSI, *[What’s the Difference Between Standards and Regulations?](https://www.bsigroup.com/en-GB/insights-and-media/insights/blogs/whats-the-difference-between-standards-and-regulations/)*; publication details for [BS 5839-1:2025](https://landingpage.bsigroup.com/LandingPage/Undated?UPI=000000000000862786), [BS 5266-1:2025](https://landingpage.bsigroup.com/LandingPage/Undated?UPI=000000000000177842) and BESA’s [TR19 Grease specification](https://publications.thebesa.com/products/grease-specification-fire-risk-management-kitchen-extraction).
6. **Pressure-system examination schemes:** HSE, *[Safety of pressure systems](https://www.hse.gov.uk/pubns/priced/l122.pdf)*[, L122](https://www.hse.gov.uk/pubns/priced/l122.pdf), reproducing and explaining Pressure Systems Safety Regulations 2000, regulations 8 and 9.
7. **Fire-alarm maintenance and weekly tests:** [Fire Safety Order 2005, article 17](https://www.legislation.gov.uk/uksi/2005/1541/article/17); DCLG, *[Fire safety risk assessment: educational premises](https://www.gov.uk/government/publications/fire-safety-risk-assessment-educational-premises)*, printed page 31, “Weekly tests and checks”.
8. **Passenger lifts:** HSE, *[Thorough examinations and inspections of lifting equipment](https://www.hse.gov.uk/work-equipment-machinery/thorough-examinations-lifting-equipment.htm)*, explaining LOLER’s default intervals, examination schemes and exceptional circumstances.
9. **F-gas leak checks:** GOV.UK, *[Checking F gas equipment for leaks](https://www.gov.uk/guidance/checking-f-gas-equipment-for-leaks)*. Covers thresholds, intervals, exemptions and automatic detection.
10. **Inspection at suitable intervals:** HSE, *[Inspection of work equipment](https://www.hse.gov.uk/work-equipment-machinery/inspection.htm)*, explaining PUWER regulation 6.
11. **Emergency lighting:** Fire Safety Order, [article 14(2)(h)](https://www.legislation.gov.uk/uksi/2005/1541/article/14) and [article 17](https://www.legislation.gov.uk/uksi/2005/1541/article/17); [BS EN 50172:2024](https://www.lialabcert.org.uk/standards/2IIJIHSmClhfd2IJlOjR4PE4xQO42zqU/BS-EN-501722024.pdf), clause 7.4.3, monthly inspection and testing.
12. **Gas maintenance and landlord checks:** HSE, *[Safety in the installation and use of gas systems and appliances](https://www.hse.gov.uk/pubns/priced/l56.pdf)*[, L56](https://www.hse.gov.uk/pubns/priced/l56.pdf), regulations 35, 36 and 36A; *[Gas safety checks — who needs them?](https://www.hse.gov.uk/gas/landlords/safetycheckswho.htm)*; [domestic gas FAQs](https://www.hse.gov.uk/gas/domestic/faqs.htm), including mixed residential and non-residential premises.

 

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