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Building Act 1984

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Changes over time for: Section 126

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Version Superseded: 16/11/2004

Status:

Point in time view as at 10/11/2004. This version of this provision has been superseded. Help about Status

Changes to legislation:

Building Act 1984, Section 126 is up to date with all changes known to be in force on or before 13 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

126 General interpretation.E+W

In this Act, unless the context otherwise requires—

  • Act” includes an enactment contained in a local Act;

  • approved inspector” has the meaning given by section 49(1) above;

  • authorised officer”, in relation to a local authority, means—

(a)an officer of the local authority authorised by them in writing, either generally or specially, to act in matters of a specified kind or in a specified matter, or

(b)by virtue of his appointment and for the purpose of matters within his province, a proper officer of the local authority . . . F1;

  • cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings;

  • closet” includes privy;

  • contravention” includes failure to comply, and “contravene” has a corresponding meaning;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

  • drain” means a drain used for the drainage of one building or of buildings or yards appurtenant to buildings within the same curtilage, and includes any manholes, ventilating shafts, pumps or other accessories belonging to the drain;

  • earth-closet” means a closet having a movable receptacle for the reception of faecal matter and its deodorisation by the use of earth, ashes or chemicals, or by other methods;

  • enactment” includes an enactment contained in a local Act;

  • factory” has the meaning given by section 175 of the M1Factories Act 1961;

  • [F3fire and rescue authority]” has the meaning given by section 43(1) of the M2Fire Precautions Act 1971;

  • functions” includes powers and duties;

  • highway authority” means, in the case of a highway repairable by the inhabitants at large, the council in whom the highway is vested;

  • house” means a dwelling-house, whether a private dwelling-house or not;

  • inner London” means the area comprising the inner London boroughs, the City of London, the Inner Temple and the Middle Temple;

  • joint board” has the meaning given by section 343(1) of the M3Public Health Act 1936;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

  • local Act” includes a provisional order confirmed by Parliament, and the confirming Act so far as it relates to that order;

  • [F5local authority ” means the council of a district or London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple or, for the purposes of Parts I and II above and of this Part so far as it relates to them, the Council of the Isles of Scilly [F6 but, in relation to Wales, means the council of a county or county borough; ] ; ]

  • modifications” includes additions, omissions and amendments, and related expressions shall be construed accordingly;

  • officer” includes servant;

  • owner” means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive it if those premises were let at a rackrent;

  • plans” includes drawings of any other description, and also specifications or other information in any form;

  • prejudicial to health” means injurious, or likely to cause injury, to health;

  • premises” includes buildings, land, easements and hereditaments of any tenure;

  • prescribed” means prescribed by building regulations;

  • private sewer” means a sewer that is not a public sewer;

  • proper officer”, in relation to a purpose and to a local authority, means an officer appointed for that purpose by that authority;

  • [F7public sewer ” has the same meaning as in the [F8 Water Industry Act 1991 ] ; ]

  • rackrent”, in relation to property, means a rent that is not less than two-thirds of the rent at which the property might reasonably be expected to let from year to year, free from all usual tenant’s rates and taxes, and deducting from it the probable average annual cost of the repairs, insurance and other expenses (if any) necessary to maintain the property in a state to command such rent;

  • rating district” has the meaning given by section 115(1) of the M4General Rate Act 1967;

  • relevant period” has the meaning given by section 16(12) or 81(4) above, as the case may require;

  • sanitary convenience” means closet or urinal;

  • school” includes a Sunday school or a Sabbath school;

  • sewer” does not include a drain as defined in this section, but otherwise it includes all sewers and drains used for the drainage of buildings and yards appurtenant to buildings, and any manholes, ventilating shafts, pumps or other accessories belonging to the sewer;

  • F9. . .

  • F9. . .

  • statutory undertakers” means persons authorised by an enactment or statutory order to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, . . . F10 . . . F11, . . . F12 or other public undertaking; [F13but does not include a universal service provider (within the meaning of the Postal Services Act 2000), the Post Office company (within the meaning of Part IV of that Act) or any subsidiary or wholly-owned subsidiary (within the meanings given by section 736 of the Companies Act 1985) of the Post Office company;]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

  • street” includes a highway, including a highway over a bridge, and a road, lane, footway, square, court, alley or passage, whether a thoroughfare or not;

  • substantive requirements”, in relation to building regulations, means the requirments of building regulations with respect to the design and construction of buildings and the provision of services, fittings and equipment in or in connection with buildings (including requirements imposed by virtue of section 2(1) or (2)(a) or (b) above), as distinct from procedural requirements;

  • surface water” includes water from roofs;

  • water-closet” means a closet that has a separate fixed receptacle connected to a drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action;

  • workplace” does not include a factory, but otherwise it includes any place in which persons are employed otherwise than in domestic service.

Textual Amendments

F2Definition of “district surveyor” repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F3Words in s. 126 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. 57(2)(3)(i); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F5Definition of “local authority” substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 8 para. 14(4)(a)

F6Words in s. 126 inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 15(3) (with ss. 54(5)(7),55(5) Sch. 17 paras. 22(1), 23(2); S.I. 1996/396, art. 3, Sch.1

F9Definitions in s. 126 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 2.

Marginal Citations

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