Building Act 1984

Duties of local authorities E+W

91 Duties of local authorities. E+W

(1) It is the duty of local authorities to carry this Act into execution in their areas, subject to—

(a) the provisions of this Act relating to certain other authorities or persons,

(b) the provisions of Part I of the M1 Public Health Act 1936 relating to united districts and joint boards,

(c) section 151 of the M2 Local Government, Planning and Land Act 1980 (urban development areas), and

(d) section 1(3) of the M3 Public Health (Control of Disease) Act 1984 (port health authorities).

(2) It is the function of local authorities to enforce building regulations in their areas, subject to sections 5(3), 48(1) and 53(2) above . . . F1 .

Textual Amendments

F1 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

Marginal Citations

M1 1936 c. 49.

M2 1980 c. 65.

M3 1984 c. 22.

[F2 91A Registers to be kept by local authorities E+W

(1) A local authority shall keep in a register such information and documents as may be prescribed in connection with their functions, powers and duties conferred or imposed by or under this Act.

(2) The information and documents that may be prescribed for the purposes of subsection (1) above include, in particular—

(a) documents that are given or issued to, or deposited with, a local authority in accordance with provision made by or under this Act, or copies of such documents;

(b) copies of documents that are given, made or issued by a local authority in accordance with provision so made;

(c) information with respect to documents of the kind mentioned in paragraph (a) or (b);

(d) information with respect to matters to which such documents relate.

(3) Information and documents that are required to be kept in a register under subsection (1) above shall be so kept for the prescribed period.

(4) A local authority—

(a) shall maintain the register required under subsection (1) above in the prescribed manner;

(b) shall ensure that the register is available for inspection by members of the public during prescribed periods;

(c) shall, in prescribed circumstances, provide to members of the public, on request, copies of information and documents kept in the register;

(d) may, in prescribed circumstances, charge a member of the public to whom they provide such copies a fee calculated in the prescribed manner.

(5) In this section—

• “documents” includes notices, certificates, orders, consents, demands and plans;

• “prescribed” means prescribed by regulations made by the Secretary of State under this section.

(6) Regulations under this section may—

(a) provide for a provision thereof to apply generally, or in a particular area;

(b) make different provision for different areas and generally different provision for different circumstances or cases;

(c) include such supplemental, transitional and incidental provisions as appear to the Secretary of State to be expedient.

(7) The transitional provision that may be included in regulations under this section includes transitional provision in relation to information that, immediately before the coming into force of the regulations, was contained in registers kept by local authorities under section 56.

(8) The power to make regulations under this section is exercisable by statutory instrument, which is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F2 S. 91A inserted (1.2.2006 for specified purposes) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 7, 11(3); S.I. 2006/224, art. 2(b)