Local Government (Miscellaneous Provisions) Act 1982

Part V E+W Fire Precautions

Provisions as to consultations. E+W

8 Consultation between authorities. E+W

(1) In the M1 Public Health Act 1936—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(i) in subsections (1) and (2), the words “, after consultation with the fore authority, deem satisfactory, regard being had” shall be substituted for the words “ deem satisfactory, regard being had by them ” ; and

(ii) in subsection (4), after the word “authority” there shall be inserted the words “ after consultation with the fire authority, ” ;

(b) in subsection (1) of section 60 (means of escape from fire in the case of certain high buildings) after the word “authority”—

(i) in the first place where it occurs, there shall be inserted the words “ , after consultation with the fire authority, ” ; and

(ii) in the second place where it occurs, there shall be inserted the words “ , after such consultation ” ; and

(c) in section 343 (interpretation) the following definition shall be inserted after the definition of “factory”— “ “fire authority” has the meaning assigned to it by section 43(1) of the Fire Precautions Act 1971. ”

(2) In the M2 Caravan Sites and Control of Development Act 1960—

(a) the following subsections shall be inserted after subsection (3) of section 5 (power of local authority attach conditions to site licences)—

“(3A) The local authority shall consult the fire authority as to the extent to which any model standards relating to fire precautions which have been specified under subsection (6) of this section are appropriate to the land.

(3B) If—

(a) no such standards have been specified ; or

(b) any standard that has been specified appears to the fire authority to be inappropriate to the land,

the local authority shall consult the fire authority as to what conditions relating to fire precautions ought to be attached to the site licence instead.” ;

(b) the following subsections shall be added after subsection (6) of that section—

“(7) The duty imposed on a local authority by subsection (6) of this section to have regard to standards specified under that subsection is to be construed, as regards standards relating to fire precautions which are so specified, as a duty to have regards to them subject to any advice given by the fire authority under subsection (3A) or (3B) of this section.

(8) In this section “fire precautions” means precautions to be taken for any of the purposes specified in paragraph (e) of subsection (1) of this section for which conditions may be imposed by virtue of that subsection.” ;

(c) the following subsection shall be added at the end of section 8 (powers of local authority to alter conditions attached to site licences)—

“(5) The local authority shall consult the fire authority before exercising the powers conferred upon them by subsection (1) of this section in relation to a condition attached to a site licence for the purposes set out in section 5(1)(e) of this Act.” ;

(d) the following subsection shall be inserted after subsection (2) of section 24 (power of local authorities to provide sites for caravans)—

“(2A) Before exercising the power to provide a site conferred on them by subsection (1) of this section the local authority shall consult the fire authority, if they are not themselves the fire authority,—

(a) as to measures to be taken for preventing and detecting the outbreak of fire on the site ; and

(b) as to the provision and maintenance of means of fighting fire on it.” ; and

(e) the following definition shall be inserted in section 29 (interpretation of Part I) after the definition of “exiisting site”— “ “fire authority” , in relation to any land, means the authority discharging in the are in which the land is situated the functions of fire authority under the Fire Services Act 1947 ; ”.

Textual Amendments

F1 S. 8(1)(a) repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

Modifications etc. (not altering text)

C1 The text of s. 8 (except para. (1)(a)) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1936 c. 49.

M2 1960 c. 62.

Firemen’s switches E+W

9 Application of section 10. E+W

(1) A [F2 fire authority] [F2 fire and rescue authority] may resolve that section 10 below is to apply to their area; and if a [F2 fire authority] [F2 fire and rescue authority] do so resolve, that section shall come into force in their area on the day specified in that behalf in the resolution (which must not be before the expiration of the period of 42 days beginning with the day on which the resolution is passed).

(2) A [F3 fire authority] [F3 fire and rescue authority] shall publish notice that they have passed a resolution under this section in two consecutive weeks in a local newspaper circulating in their area.

(3) Any such notice shall state the general effect of section 10 below.

(4) In this section and section 10 below [F4 “fire authority” means an authority discharging the functions of fire authority under the M3 Fire Services Act 1947] [F4 “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004] .

Textual Amendments

F2 Words in s. 9(1) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 54(2), (3)(a); S.I. 2004/2304, art. 2

F3 Words in s. 9(2) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 54(2), (3)(a); S.I. 2004/2304, art. 2

F4 Words in s. 9(4) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 54(4); S.I. 2004/2304, art. 2

Marginal Citations

M3 1947 c. 41.

10 Firemen’s switches for luminous tube signs. E+W

(1) This section applies to apparatus consisting of luminous tube signs designed to work at a voltage normally exceeding [F5 the prescribed voltage], or other equipment so designed, and references in this section to a cut-off switch are, in a case where a transformer is provided to raise the voltage to operate the apparatus, references to a cut-off switch on the low-voltage side of the transformer.

[F6 (1A) In subsection (1) above “the prescribed voltage” means 1000 volts A.C. or 1500 volts D.C. if measured between any two conductors or 600 volts A.C. or 900 volts D.C. if measured between any conductor and earth.

(1B) The Secretary of State may, by order made by statutory instrument, substitute such different voltages for those for the time being specified in subsection (1A) above as appear to him to be appropriate for this purpose having regard to the current regulations of the Institution of Electrical Engineers.]

(2) No apparatus to which this section applies shall be installed unless it is provided with a cut-off switch.

(3) Subject to subsection (4) below, the cut-off switch shall be so placed, and coloured or marked, as to satisfy such reasonable requirements as the [F7 fire authority] [F7 fire and rescue authority] may impose to secure that it shall be readily recognisable by and accessible to [F8 firemen] [F8 fire-fighters] .

(4) If a cut-off switch complies in position, colour and marking with the current regulations of the Institution of Electrical Engineers for a firemen’s emergency switch, the [F9 fire authority] [F9 fire and rescue authority] may not impose any further requirements in respect of it under subsection (3) above.

(5) Not less than 42 days before work is begun to install apparatus to which this section applies, the owner or occupier of the premises where the apparatus is to be installed shall give notice to the [F10 fire authority] [F10 fire and rescue authority] showing where the cut-off switch is to be placed and how it is to be coloured or marked.

(6) Where notice has been given to the [F11 fire authority] [F11 fire and rescue authority] as required by subsection (5) above, the proposed position, colouring or marking of the switch shall be deemed to satisfy the requirements of the [F11 fire authority] [F11 fire and rescue authority] unless, within 21 days from the date of the service of the notice, the [F11 fire authority] [F11 fire and rescue authority] have served on the owner or occupier a counter-notice stating that their requirements are not satisfied.

(7) Where apparatus to which this section applies has been installed in premises before the day specified in a resolution under section 9(1) above as the day on which this section is to come into force in the area in which the premises are situated, the owner or occupier of the premises shall, not more than 21 days after that day, give notice to the [F12 fire authority] [F12 fire and rescue authority] stating whether the apparatus is already provided with a cut-off switch and, if so, where the switch is placed and how it is coloured or marked.

(8) Subject to subsection (9) below, where apparatus to which this section applies has been installed in premises before the day specified in a resolution under section 9(1) above as the day on which this section is to come into force in the area in which the premises are situated, the [F13 fire authority] [F13 fire and rescue authority] may serve on the owner or occupier of the premises a notice—

(a) in the case of apparatus already provided with a cut-off switch, stating that they are not satisfied with the position, colouring or marking of the switch and requiring him, within such period as may be specified in the notice, to take such steps as will secure that the switch will be so placed and coloured or marked as to be readily recognisable by, and accessible to, [F14 firemen] [F14 fire-fighters] in accordance with the reasonable requirements of the [F13 fire authority] [F13 fire and rescue authority] ; or

(b) in the case of apparatus not already provided with a cut-off switch, requiring him, within such period as may be specified in the notice, to provide such a cut-off switch in such a position and so coloured or marked as to be readily recognisable by, and accessible to, firemen in accordance with the reasonable requirements of the [F13 fire authority] [F13 fire and rescue authority] .

(9) If a cut-off switch complies in position, colour and marking with the current regulations of the Institution of Electrical Engineers for a firemen’s emergency switch, the [F15 fire authority] [F15 fire and rescue authority] may not serve a notice in respect of it under subsection (8) above.

(10) Section 290 of the M4 Public Health Act 1936 shall apply to notices given by a [F16 fire authority] [F16 fire and rescue authority] under this section as it applies to the notices mentioned in subsection (1) of that section as if the references in that section to a local authority included references to a [F16 fire authority] [F16 fire and rescue authority] .

(11) This section shall not apply to apparatus installed or proposed to be installed on or in premises in respect of which a licence under the [F17 section 1 of the Cinemas Act 1985] is for the time being in force.

(12) The following persons, namely—

(a) any owner and any occupier of premises where apparatus to which this section applies is installed who without reasonable excuse fails to ensure that it complies with subsection (2) above;

(b) any owner and any occupier of premises who without reasonable excuse fails to comply with subsection (3) above;

shall each be guilty of an offence and liable on summary conviction to a fine not exceeding [F18 level 3 on the standard scale] and to a daily fine not exceeding £20.

(13) In proceedings for an offence under subsection (12) above, it shall be a defence for either the owner or the occupier to show that it would have been equitable for the prosecution to be brought only against the other.

(14) A person charged shall not be entitled to rely on the defence set out in subsection (13) above unless within a period ending 7 clear days before the hearing he has served on the prosecutor notice in writing of his intention so to do.

(15) Any person who without reasonable excuse fails to give a notice required by subsection (5) or (7) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F18 level 3 on the standard scale] unless he establishes that some other person duly gave the notice in question.

(16) Any owner or occupier of premises who without reasonable excuse fails to comply with a notice served on him under subsection (8) above within the period specified in it for compliance with it shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F18 level 3 on the standard scale] and to a daily fine not exceeding £20.

(17) It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

Textual Amendments

F5 Words substituted by Fire and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 47(a)

F6 S. 10(1A)(1B) inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 47(b)

F7 Words in s. 10(3) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 54(2), (3)(b); S.I. 2004/2304, art. 2

F8 Word in s. 10(3) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 54(5); S.I. 2004/2304, art. 2

F9 Words in s. 10(4) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 54(2), (3)(b); S.I. 2004/2304, art. 2

F10 Words in s. 10(5) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 54(2), (3)(b); S.I. 2004/2304, art. 2

F11 Words in s. 10(6) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 54(2), (3)(b); S.I. 2004/2304, art. 2

F12 Words in s. 10(7) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 54(2), (3)(b); S.I. 2004/2304, art. 2

F13 Words in s. 10(8) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 54(2), (3)(b); S.I. 2004/2304, art. 2

F14 Word in s. 10(8)(a) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 54(5); S.I. 2004/2304, art. 2

F15 Words in s. 10(9) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 54(2), (3)(b); S.I. 2004/2304, art. 2

F16 Words in s. 10(10) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 54(2), (3)(b); S.I. 2004/2304, art. 2

F17 Words substituted by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(1), Sch. 2 para. 14

F18 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Marginal Citations

M4 1936 c. 49.