Yes, you're right Messy, I was forgetting the exclusion.
or, subject to paragraph (6)
I hate it when they put those "this applies except when, ...unless this and that applies, in which case this..." clauses into legislation.
When in doubt, fall back on the 'General Fire precautions'.
Just as with all the various H&S Regs, in most cases you can fall back onto HSWA s2, s3 or s7.