Consultation between fire and other authorities

17 Duty of fire authorities to consult other authorities before requiring alterations to buildings.

1

Before a F9fire authority F9fire and rescue authority—

a

serve on the applicant for a fire certificate with respect to any premises a notice under section 5(4) of this Act informing him that they will not issue a certificate unless alterations are made to the relevant building; or

b

serve in respect of any premises a notice under section 8(4) or (5) F1, section 9D or section 12(8)(b) of this Act mentioning as a step which would have to be taken F1or, in the case of a notice under section 9D, which must be taken anything involving the making of alterations to the relevant building,

the authority shall—

i

if the premises are situated in England or Wales . . . and the F9fire authority F9fire and rescue authority are not the local authority for the area in which the premises are situated, consult that local authority; . . . F2

ii

if the premises are situated in Scotland, consult the F3local authority (within the meaning of . . . F4 the M1Building (Scotland) Act 1959) for the area in which the premises are situated, F5and

F6iii

if the premises are used as a place of work and are within the field of responsibility of one or more enforcing authorities within the meaning of Part I of the M2 Health and Safety at Work etc. Act 1974, consult that authority or each of those authorities.

2

For the avoidance of doubt it is hereby declared that a local authority F7buildings authority or other authority who have in accordance with this section been consulted by a F10fire authority F10fire and rescue authority proposing to serve any such notice as is mentioned in subsection (1) above may be a person aggrieved within the meaning of section 9 of this Act.

F83

Section 18(7) of the M3 Health and Safety at Work etc. Act 1974 (meaning in Part I of that Act of “ enforcing authority ” and of such an authority’s “ field of responsibility ”) shall apply for the purposes of this section as it applies for the purposes of that Part.