Fire Precautions Act 1971

40 Application to Crown, etc.

(1) Subject to the provisions of this section—

(a) the following provisions of this Act, namely sections 1, 2, 3 (except subsection (5)), 4, 6 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, 10, 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 [1952 c. 52.] Prison Act 1952 or constituting, or forming part of, a remand centre, detention centre or Borstal institution 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 [1952 c. 61.] Prisons (Scotland) Act 1952 or constituting, or forming part of, a remand centre, detention centre. Borstal institution or young offenders institution provided by the Secretary of State under section 31 of that Act;

(c) any premises constituting, or forming part of, a special hospital within the meaning of the [1959 c. 72.] Mental Health Act 1959 or a State hospital within the meaning of the [1960 c. 61.] Mental Health (Scotland) Act 1960 ;

(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 fire 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 officer of the fire brigade maintained by the fire 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 officer of a fire brigade under this subsection except with the consent of the fire authority who maintain that brigade.

(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 £100.

(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 officer of the fire brigade maintained by the fire authority there were substituted a reference to any person.

(7) Section 341 of the [1936 c. 49.] 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.

(10) This Act shall apply to premises in Scotland occupied by a Regional Hospital Board or the Board of Management of a hospital or group of hospitals 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 [1964 c. 5.] 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 [1952 c. 67.] Visiting Forces Act 1952.