Local Government, Planning and Land Act 1980

Building control etc. E+W+S

151 Building control. E+W+S

(1) The Secretary of State may make an order under this section directing that, subject to the provisions of the order, building control functions in an urban development area or in any portion of such an area shall be exercisable by the urban development corporation.

(2) An order under this section shall identify by reference to a map the area to which the order relates.

(3) In this section “building control functions” means—

(a) as regards England and Wales other than inner London boroughs, functions under or in connection with building regulations or any enactment (including a local Act) relating to such regulations;

(b) as regards inner London boroughs, functions exercisable under the London building legislation or, as the case may be, under or in connection with building regulations and any enactment relating to such regulations;

(c) as regards Scotland, the jurisdiction and functions conferred, in such a case, on local authorities by the Building (Scotland) Acts 1959 and 1970.

(4) An order under this section may provide that the London building legislation shall not have effect in the area to which the order relates but that building regulations and any enactment relating to such regulations shall have effect instead.

(5) An order under this section may provide for all or any of the following, namely—

(a) that the corporation shall have only such of the building control functions as may be specified in the order;

(b) that any building legislation under which the corporation is to exercise building control functions (or, in Scotland, that any of the jurisdiction and functions referred to in subsection (3)(c) above) shall apply, in relation to the corporation, as modified by the order,

and this section shall have effect accordingly.

(6) An order under this section shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(7) The power to make an order under this section shall be exercisable by statutory instrument.

(8) An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In this section—

• “building legislation” means—

(a) the London building legislation;

(b) any other enactments under which the corporation is to exercise building control functions; and

(c) building regulations;

• “the London building legislation” means—

(a) The London Building Acts 1930 to 1978;

(b) any byelaws made under those Acts;

(c) subsections (2) and (3) of section 70 of the M1 Health and Safety at Work etc. Act 1974 and any regulations made under the said subsection (3).

Marginal Citations

M1 1974 c. 37 (43:3).

152 Fire precautions and home insulation. E+W+S

(1) The Secretary of State may make an order under this section directing that, subject to the provisions of the order, an urban development corporation shall have in its area (or in such part of its area as may be specified in the order)—

(a) the functions of a [F1 [F2 fire authority] [F2 fire and rescue authority] under the M2 Fire Precautions Act 1971] [F1 relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)];

(b) the power of a local authority under section 36 of that Act (power to make loans to meet expenditure on certain alterations to buildings occasioned by the Act); and

(c) the functions of a local authority under any scheme made by virtue of [F3 section 521 of the M3 Housing Act 1985] [F3 section [F4 252 of the M4 Housing (Scotland) Act 1987]] (schemes for the making of grants towards the cost of works undertaken to improve the thermal insulation of dwellings).

(2) On the order coming into force, the corporation shall have the functions conferred in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3) The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with another authority, in relation to that authority, as modified by the order.

(4) The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(5) The power to make an order under this section shall be exercisable by statutory instrument.

(6) No order under this section shall have effect until approved by a resolution of each House of Parliament.

Textual Amendments

F1 Words in s. 152(1)(a) substituted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, sch. 1 para. 5

F2 Words in s. 152(1)(a) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 49(3); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F3 Words “section 521 of the Housing Act 1985" substituted (E.W.) for the words from “section" up to but not including “(schemes" by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 46(2)

F4 Words substituted (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 339, Sch. 23 para. 25(1)

Marginal Citations

M2 1971 c. 40 (50).

M3 1985 c. 68 (61).

M4 1987 c. 26 (61).