(1)A certificate issued under this Act by the [F1fire authority [F1fire and rescue authority]] (in this Act referred to as a “fire certificate”) shall, subject to any exemption conferred by or under this Act, be required in respect of any premises which are put to a use for the time being designated under this section (in this Act referred to as a “designated use”).
(2)For the purposes of this section the Secretary of State may by order designate particular uses of premises, but shall not so designate any particular use unless it falls within at least one of the following classes of use, that is to say—
(a)use as, or for any purpose involving the provision of, sleeping accommodation;
(b)use as, or as part of, an institution providing treatment or care;
(c)use for purposes of entertainment, recreation or instruction or for purposes of any club, society or association;
(d)use for purposes of teaching, training or research;
(e)use for any purpose involving access to the premises by members of the public, whether on payment or otherwise.
[F2(f)use as a place of work.]
(3)An order under this section may provide that a fire certificate shall not by virtue of this section be required for premises of any description specified in the order, notwithstanding that they are or form part of premises which are put to a designated use.
[F3(3A)An order under this section may, as respects any designated use, specify descriptions of premises which qualify for exemption by a [F4fire authority [F4fire and rescue authority]] under section 5A of this Act from the requirement for a fire certificate in respect of premises which are put to that use.]
(4)For the purposes of any provision made in an order under this section by virtue of subsection (3) [F5or (3A)] above a description of premises may be framed by reference to the purpose for which premises are used or the frequency of their use for any purpose [F5or their situation, construction or arrangement] or by reference to any other circumstances whatsoever; and different provision may be made in pursuance of [F6subsection (3) or (3A) above] in relation to different designated uses.
(5)An order under this section may include such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient for the purposes of the order.
(6)An order under this section may be varied or revoked by a subsequent order thereunder.
(7)The power to make orders under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8)Without prejudice to any exemption conferred by or under this Act, where premises consisting of a part of a building are put to a designated use, any other part of the building which is occupied together with those premises in connection with that use of them shall for the purposes of this Act be treated as forming part of the premises put to that use.
Textual Amendments
F1Words in s. 1(1) substituted (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. 28(1)(2)(a); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
F2S. 1(2)(f) inserted by Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 78(1)(2)
F3S. 1(3A) inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 1(2)(a), 50(2)
F4Words in s. 1(3A) substituted (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. 28(1)(2)(a); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
F5Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 1(2)(b), 50(2)
F6Words substituted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 1(2)(b), 50(2)
No fire certificate shall by virtue of section 1 of this Act be required in respect of premises . . . F7 consisting of or comprised in a house which is occupied as a single private dwelling.
Textual Amendments
F7Words repealed by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 13(a), 49(1), Sch. 4
Prospective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Act repealed (E.W.) (1.4.2006) by Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 8, Sch. 4 (with art. 49)
F9Act repealed (E.W.) (1.10.2006) by Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 8, Sch. 4 (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2); (S.) (1.10.2006) by Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, Sch. 2 (with arts. 3, 4)
Prospective
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Textual Amendments
F9Act repealed (E.W.) (1.10.2006) by Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 8, Sch. 4 (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2); (S.) (1.10.2006) by Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, Sch. 2 (with arts. 3, 4)
F10Act repealed (E.W.) (1.4.2006) by Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 8, Sch. 4 (with art. 49)