Fire Precautions Act 1971 (repealed)

Amendments of other Acts E+W+S

29 Extension of ss. 24 and 33 of Fire Services Act 1947. E+W+S

In sections 24 and 33(1) of the M1 Fire Services Act 1947 (which authorise the appointment of inspectors and the holding of inquiries for obtaining information as to the performance by fire authorities of their functions under that Act) the references to that Act shall be read as including references to this Act.

Marginal Citations

M1 1947 c. 41.

30 Provisions as to ss. 59 and 60 of Public Health Act 1936 and certain similar enactments. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2) So long as a fire certificate is in force with respect to any premises, any provision of a local Act which apart from this subsection would apply in the case of those premises shall not apply in their case in so far as it relates to any matter in relation to which requirements are imposed by that certificate; and so long as any regulations made under section 12 of this Act apply to any premises, any provision of a local Act which apart from this subsection would apply in the case of those premises shall not apply in their case in so far as it relates to any matter about which provision is made in the regulations.

(3) While this subsection applies to any premises, none of the following provisions shall apply to the premises, that is to say—

[F2 (a) section 71(1) to (4) of the M2 Building Act 1984;

(b) section 72 (except subsection (5)) of that Act;]

(c) section 35 (means of escape in buildings in inner London) of the M3 London Building Acts (Amendment) Act 1939; and

(d) any provision of a local Act which is for the time being designated for the purposes of this paragraph under subsection (5) below.

(4) Subsection (3) above applies to—

(a) any premises in respect of which a fire certificate is for the time being in force;

(b) any premises to which a notice for the time being in force under section 3 of this Act relates; and

(c) any premises to which any regulations made under section 12 of this Act apply.

(5) Where it appears to the Secretary of State, as regards any provision contained in a local Act, that it is unnecessary or would be impracticable for that provision to apply to premises while they are premises to which subsection (3) above applies, he may by order designate that provision for the purposes of subsection (3)(d) above.

(6) An order under subsection (5) above may be varied or revoked by a subsequent order thereunder.

(7) The power to make orders under subsection (5) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) This section does not extend to Scotland.

Textual Amendments

F1 S. 30(1) repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

F2 S. 30(3)(a)(b) substituted by Building Act 1984 (c. 55, SIF 15), Sch. 6 para. 13

Modifications etc. (not altering text)

C1 S. 30 applied (with modifications) by S.I. 1997/1840, reg. 17(1)(2)

Marginal Citations

M2 1984 c. 55 (15)

M3 1939 c. xcvii.

31 Suspension of terms and conditions of licences dealing with same matters as fire certificates or regulations. E+W+S

(1) Where any enactment provides for the licensing of premises of any class or description and the authority responsible for issuing licences thereunder is required or authorised to impose terms, conditions or restrictions in connection with the issue of such licences, then, in the case of any premises of that class or description—

(a) so long as there is in force with respect to the premises a fire certificate covering the use of the premises by reason of which a licence under that enactment is required, any term, condition or restriction imposed in connection with the issue under that enactment of any licence with respect to those premises shall be of no effect in so far as it relates to any matter in relation to which requirements are or could be imposed by that certificate; and

(b) without prejudice to paragraph (a) above, so long as there are in force under section 12 of this Act any regulations applying to the premises in respect of that use, any term, condition or restriction imposed as aforesaid shall be of no effect in so far as it relates to any matter about which provision is made in the regulations.

(2) References in this section to the issue of licences include references to their renewal, transfer or variation.

32 Provision for securing exercise of local Act powers in conformity with this Act. E+W+S

A person required by or under a local Act to do any thing in relation to any premises shall not be treated as having acted in contravention of that Act by reason of his failure to do that thing in so far as the failure is attributable to the fact that remedying it would involve a contravention of this Act or of regulations made under section 12 thereof.

Modifications etc. (not altering text)

C2 S. 32 applied (with modifications) by S.I. 1997/1840, reg. 17(1)(2)

33 Amendment of Offices, Shops and Railway Premises Act 1963. E+W+S

(1) Section 29 of the M4 Offices, Shops and Railway Premises Act 1963 (which provides for the issue of fire certificates under that section and which, with section 30 of that Act, enables the appropriate authority in that connection to stipulate for the making of specified alterations to premises) shall be amended as follows:—

(a) after subsection (9) there shall be inserted as subsection (9A)—

“(9A) In the case of premises consisting of or comprised in a building to which building regulations (within the meaning of section 4 of the Public Health Act 1961) imposing requirements as to means of escape in case of fire apply, the appropriate authority shall not for the purposes of this or the next following section specify any structural alterations in respect of those premises beyond such as may be necessary to bring the premises into compliance with the regulations in respect of those requirements.”;

(b) for subsection (10), there shall be substituted the following:—

“(10) In the case of premises consisting of or comprised in a building to which building standards regulations (within the meaning of the Building (Scotland) Act 1959) imposing requirements as to means of escape in case of fire apply, the appropriate authority shall not for the purposes of this or the next following section specify any structural alterations in respect of those premises to a standard higher than that of the said regulations.”;

(c) after subsection (11) there shall be added as subsection (12)—

“(12) References in subsection (9A) above to building regulations shall, in any particular case in relation to which there is in force a direction made under section 6 of the Public Health Act 1961 dispensing with or relaxing any requirement in such regulations, be construed as references to building regulations as they apply in that case.”

(2) In subsection (3) of section 83 of the M5 Offices, Shops and Railway Premises Act 1963 (application to Crown), after the words “sections 29(2) to (8)” there shall be inserted the word “ (9A) ”.

Modifications etc. (not altering text)

C3 The text of s. 33 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

M4 1963 c. 41.

M5 1963 c. 41.

Prospective

F3 34 Modification of Rent Act 1968 and corresponding Scottish Acts. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 34 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1, Pt 13