Fire Precautions Act 1971 (repealed)

40 Application to Crown, etc. E+W+S

(1) Subject to the provisions of this section—

(a) the following provisions of this Act, namely sections 1, 2, 3 (except subsection (5)), 4 [F1 5(2A), 5A, 5B,], 6 [F2 , [F3 , 9A (except subsections (3) and (4)), 9B and 9C]] and 12(1) to (3) and (4)(a) and (b), shall apply to premises occupied by the Crown; and

(b) the following provisions of this Act, namely sections 1, 2, 3 (except subsection (5)), 4 to 8 [F4 8A, 8B,], [F5 9A][F4 9B, 9C, 9D, 9F,] 10, [F4 10B] 12, 19 to 21 and 32, shall apply to premises owned by the Crown but not occupied by it.

(2) No fire certificate shall by virtue of subsection (1) above be required in respect of premises of any of the following descriptions, that is to say—

(a) any premises constituting, or forming part of, a prison within the meaning of the M1 Prison Act 1952 or constituting, or forming part of, a remand centre, detention centre or [F6 youth custody centre] provided by the Secretary of State under section 43 of that Act;

(b) any premises constituting, or forming part of, a prison within the meaning of the M2 Prisons (Scotland) Act 1952 or constituting, or forming part of, a remand centre, . . . F7 , Borstal institution or young offenders institution provided by the Secretary of State under section 31 of that Act;

[F8 (c) any premises constituting, or forming part of, a special hospital within the meaning of the M3 Mental Health Act 1959 or a State hospital within the meaning of the M4 [F9 Mental Health (Scotland) Act 1984 ] ; ]

(d) any premises occupied solely for purposes of the armed forces of the Crown.

(3) Any provision of this Act which, by virtue of subsection (1) above, applies to premises occupied or owned by the Crown shall, in its application to any such premises, have effect with the substitution, for any reference to the [F10 fire authority [F10 fire and rescue authority]], of a reference to a fire inspector or any person authorised by the Secretary of State to act for the purposes of this section.

(4) As regards any premises falling within subsection (1)(a) above, any power exercisable by virtue of subsection (3) above by a fire inspector shall be exercisable also by an [F11 officer of the fire brigade maintained by the fire authority [F11 employee of the fire and rescue authority]] if and so far as he is authorised in writing by such an inspector to exercise that power; but a fire inspector shall not authorise an [F12 officer of a fire brigade [F12 employee of a fire and rescue authority]] under this subsection except with the consent [F13 of the fire authority who maintain that brigade [F13 of the fire and rescue authority]].

(5) If a person with intent to deceive pretends to be a person by whom any powers exercisable by a fire inspector by virtue of subsection (3) above are exercisable by virtue of subsection (4) above, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F14 level 3 on the standard scale].

(6) In relation to any premises falling within subsection (1)(b) above section 20(1) of this Act shall have effect as if for the reference to an [F15 officer of the fire brigade maintained by the fire authority [F15 employee of the fire and rescue authority]] there were substituted a reference to any person.

[F16 (7) Section 341 of the M5 Public Health Act 1936 (power to apply provisions of that Act to Crown Property) shall have effect as if sections 11 and 15 of this Act were contained in that Act. ]

(8) To such extent, if any, as they so provide, regulations under section 35 of this Act shall bind the Crown.

(9) Nothing in this Act shall be taken to authorise the entry of premises occupied by the Crown.

[F8 (10) This Act shall apply to premises in Scotland occupied by a [F17 Health Board] as if they were premises occupied by the Crown.]

F18 (10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19 (10B) This Act shall apply to premises occupied by the National Radiological Protection Board as if they were premises occupied by the Crown.]

(11) Any premises used for the purposes of a visiting force or of a headquarters or defence organisation designated for the purposes of the M6 International Headquarters and Defence Organisations Act 1964 shall be exempt from the operation of this Act to the extent to which the premises would be exempt therefrom if the premises were occupied by the Crown solely for purposes of the armed forces of the Crown.

In this subsection “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the M7 Visiting Forces Act 1952.

Subordinate Legislation Made

P1 S.40: for exercises of this power see Index to Government Orders.

P2 S. 40(1): S. 12(1) (with ss. 12(3)(4), 37(2)(3) and 40(1)) power exercised (12.2.1991) by S.I. 1991/259.

Textual Amendments

F1 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 18(2), 50(2)

F2 Words inserted by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(8)(a)

F3 Words substituted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 18(2), 50(2)

F4 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 18(3), 50(2)

F5 Word inserted by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(8)(b)

F6 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 29

F7 Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170(2), Sch. 8 para. 16, Sch. 16 (the repeal being in force (S.) on 1.11.1988 by S.I. 1988/1817, art. 2 Sch.)

F8 S. 40(2)(c)(10) repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F9 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2) (1.1.1979) for words from “section 26” to “1889”

F10 Words in s. 40(3) 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. 31(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F11 Words in s. 40(4) 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. 31(3)(a); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F12 Words in s. 40(4) 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. 31(3)(b); S.I. 2004/2304, art. 2; S.I .2004/2917, art. 2

F13 Words in s. 40(4) 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. 31(3)(c); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F14 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F15 Words in s. 40(6) 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. 31(4); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F16 S. 40(7) repealed (E.W.) by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

F17 Words substituted by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(8)(c)

F18 S. 40(10A) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch.3 (with s. 4(1), Sch. 2 paras. 6, 16)

F19 S. 40(10B) inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), s. 18(4)

Modifications etc. (not altering text)

C1 S. 40 modified (17.7.1992) by S.I. 1992/1732, art. 5

S. 40 extended (6.5.1999) by S.I. 1999/677, art. 5(1)

C2 References to a youth offender institution substituted (E.W.) for references to a detention centre and to a youth custody centre by virtue of Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123(6), Sch. 8 Pt. I para. 1

Marginal Citations

M1 1952 c. 52.

M2 1952 c. 61.

M3 1959 c. 72.

M4 1984 c. 36 (85)

M5 1936 c. 49 (100:1)

M6 1964 c. 5.

M7 1952 c. 67.