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This is a critical distinction. An installer may follow a European standard (such as an HD standard) or a specific engineering calculation that contradicts a regulation in BS 7671. Legally, this is permissible, but the burden of proof rests entirely on the installer to demonstrate that their alternative method provides an equivalent or higher level of safety. In practice, this legal defense is rarely successful in court due to the difficulty of overturning the industry consensus found in BS 7671.
Think of BS 7671 as the technical blueprint for safety. Following it is not optional if you want to stay on the right side of the law, even though the document itself isn’t “statutory.” is bs 7671 statutory
It is not an Act of Parliament, and there is no law that explicitly commands every citizen to follow it. This is a critical distinction
The EAWR is a statutory instrument. Regulation 16 states that the Health and Safety Executive (HSE) can approve codes of practice. However, the relationship is more direct regarding the definition of safety. In practice, this legal defense is rarely successful
In the words of the IET themselves: "The Wiring Regulations are non-statutory regulations. However, they may be used in a court of law to claim that a person has not taken reasonable care."
While BS 7671 is not law, Parliament frequently delegates authority to technical standards through "enabling clauses" in primary legislation. This is where BS 7671 gains its legal teeth.