Building Act 1984

Section 132.

SCHEDULE 5 Transitional Provisions

Joint application to the Secretary of State for the determination of certain questions relating to building regulations

1 After the date on which section 30 of this Act ceases to have effect by virtue of an order made under subsection (4) of that section, that section continues to apply in relation to an application referred to the Secretary of State under that section before that date.

The Clean Air Act 1956 and the Housing Act 1957

2 Notwithstanding the repeal by this Act of Schedule 1 to the [1961 c. 64.] Public Health Act 1961, the amendments made by Part III of that Schedule to the [1956 c. 52.] Clean Air Act 1956 and the [1957 c. 56.] Housing Act 1957 continue to have effect.

Repeal and amendment of Acts etc.

3 Any power that is exercisable by virtue of—

(a) section 317 of the [1936 c. 49.] Public Health Act 1936,

(b) section 82 of the Public Health Act 1961,

(c) section 82, 83 or 84 of the [1963 c. 33.] London Government Act 1963,

(d) section 252 or 254 of the [1972 c. 70.] Local Government Act 1972, or

(e) section 48 of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982,

in relation to a provision that is repealed and re-enacted by this Act is exercisable in relation to that provision as so re-enacted to the extent to which it would have been exercisable immediately before such repeal.

4 (1) Section 64(5) of the Act of 1936, in so far as it relates to the retention of plans or other documents by a local authority, continues to have effect (notwithstanding its repeal by the Act of 1974) as respects documents deposited in duplicate in pursuance of existing regulations until regulations with respect to the retention by local authorities of copies of deposited plans have been made under paragraph 2(c) of Schedule 1 to this Act and apply in relation to the documents so deposited.

(2) In this paragraph—

• “the Act of 1936 ” means the Public Health Act 1936 ;

• “the Act of 1961 ” means the Public Health Act 1961 ;

• “the Act of 1974 ” means the [1974 c. 37.] Health and Safety at Work etc. Act 1974;

• “existing regulations ” means regulations made under section 4 of the Act of 1961 that, on the coming into force of the provisions specified in the Schedule to the [S.I. 1977/294.] Health and Safety at Work etc. Act 1974 (Commencement No. 4) Order 1977, had effect in accordance with section 61(6) of the Act of 1974 whether in the form in which they accordingly had effect or as amended.

5 Without prejudice to the power to make building regulations, the repeal of section 70(1) of the [1974 c. 37.] Health and Safety at Work etc. Act 1974, and the re-enactment in this Act of that subsection down to “Wales ”, do not of themselves cause any building regulations to apply to inner London that were prevented by that subsection from so applying.