Local Government (Miscellaneous Provisions) Act 1982

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 [F1 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.

[F2 (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 [F3 fire and rescue authority] may impose to secure that it shall be readily recognisable by and accessible to [F4 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 [F5 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 [F6 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 [F7 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 [F7 fire and rescue authority] unless, within 21 days from the date of the service of the notice, the [F7 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 [F8 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 [F9 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, [F10 fire-fighters] in accordance with the reasonable requirements of the [F9 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 [F9 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 [F11 fire and rescue authority] may not serve a notice in respect of it under subsection (8) above.

(10) Section 290 of the M1 Public Health Act 1936 shall apply to notices given by a [F12 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 [F12 fire and rescue authority] .

(11) This section shall not apply to apparatus installed or proposed to be installed on or in [F13 premises in respect of which a premises licence under the Licensing Act 2003 has effect authorising the use of the premises for an exhibition of a film, within the meaning of paragraph 15 of Schedule 1 to that Act] .

(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 [F14 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 [F14 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 [F14 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

F1 Words substituted by Fire and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 47(a)

F2 S. 10(1A)(1B) inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 47(b)

F3 Words in s. 10(3) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F4 Word in s. 10(3) substituted (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. 54(5); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F5 Words in s. 10(4) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F6 Words in s. 10(5) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F7 Words in s. 10(6) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F8 Words in s. 10(7) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F9 Words in s. 10(8) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F10 Word in s. 10(8)(a) substituted (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. 54(5); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F11 Words in s. 10(9) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F12 Words in s. 10(10) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F13 Words in s. 10(11) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 84 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F14 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Marginal Citations

M1 1936 c. 49.