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[F1 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. ]
Textual Amendments
F1S. 29 repealed (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 30, Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
Marginal Citations
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(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—
[F3(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 M3London 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
F2S. 30(1) repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7
F3S. 30(3)(a)(b) substituted by Building Act 1984 (c. 55, SIF 15), Sch. 6 para. 13
Modifications etc. (not altering text)
C1S. 30 applied (with modifications) by S.I. 1997/1840, reg. 17(1)(2)
Marginal Citations
M21984 c. 55 (15)
(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.
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)
C2S. 32 applied (with modifications) by S.I. 1997/1840, reg. 17(1)(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4S. 33 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13
Prospective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5S. 34 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1, Pt 13
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