(1)Before a [F1fire authority [F1fire 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) [F2, section 9D] or section 12(8)(b) of this Act mentioning as a step which would have to be taken [F2or, 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 [F1fire authority [F1fire and rescue authority]] are not the local authority for the area in which the premises are situated, consult that local authority; . . . F3
(ii)if the premises are situated in Scotland, consult the [F4local] authority (within the meaning of . . . F5 the M1Building (Scotland) Act 1959) for the area in which the premises are situated, [F6and]
[F7(iii) 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 [F8buildings authority or other authority] who have in accordance with this section been consulted by a [F9fire authority [F9fire 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.
[F10(3) 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. ]
Textual Amendments
F1Words in s. 17(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)(r); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F2Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 7(3), 50(2)
F3Word repealed by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 10
F4Word substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 Pt. II para. 30(a)
F5Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F6Word added by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(a)
F7S. 17(1)(iii) added by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(a)
F8Words substituted by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(b)
F9Words in s. 17(2) 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)(r); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F10S. 17(3) added by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(c)
Marginal Citations