(1)Before a [F1appropriate authority] [F2fire 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) [F3, section 9D] or section 12(8)(b) of this Act mentioning as a step which would have to be taken [F3or, 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 [F1appropriate authority] [F2fire and rescue authority] are not the local authority for the area in which the premises are situated, consult that local authority; . . . F4
(ii)if the premises are situated in Scotland, consult the [F5local] authority (within the meaning of . . . F6 the Building (Scotland) Act [F72003 (asp 8)]) for the area in which the premises are situated, [F8and]
[F9(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 M1 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 [F10buildings authority or other authority] who have in accordance with this section been consulted by a [F1appropriate authority] [F11fire 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.
[F12(3) Section 18(7) of the M2 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)(2) substituted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, Sch. 1 para. 3(2)(3)(q); S.S.I. 2005/392, art. 2
F2Words 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
F3Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 7(3), 50(2)
F4Word repealed by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 10
F5Word substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 Pt. II para. 30(a)
F6Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F7Words in s. 17(1)(ii) substituted (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6 para. 6(2) (with s. 53); S.S.I. 2004/404, art. 2(1)
F8Word added by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(a)
F9S. 17(1)(iii) added by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(a)
F10Words substituted by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(b)
F11Words 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
F12S. 17(3) added by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(c)
Marginal Citations