Health and Safety at Work etc. Act 1974

76 Construction and interpretation of Part III and other provisions relating to building regulations

(1) The following provisions, namely—

(a) so much of Part II of the 1936 Act as relates to building regulations;

(b) so much of Part II of the 1961 Act as relates to building regulations; and

(c) this Part, except section 75 and Schedule 7 ;

shall be construed as one; and Part XII of the 1936 Act shall have effect as if the provisions mentioned in paragraph (b) and (c) above (as well as those mentioned in paragraph (a)) were contained in Part II of that Act.

(2) For the purposes of the provisions mentioned in subsection (1)(a) to (c) above—

(a) " local authority " means a district council, the Greater London Council, a London borough council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, and includes the Council of the Isles of Scilly; and

(b) the definitions of " local authority" in section 1 (2) of the 1936 Act and section 2(3) of the 1961 Act shall not apply;

and in section 1(1) of the 1961 Act (Part II of that Act to be construed as one with Part II of the 1936 Act), after the words " Part II of this Act" there shall be inserted the words " , except so much of it as relates to building regulations, ".

(3) In this Part—

• " the 1936 Act " means the [1936 c. 49.] Public Health Act 1936;

• " the 1961 Act " means the [1961 c. 64.] Public Health Act 1961 ;

• " the substantive requirements of building regulations " means the requirements of building regulations with respect to the design and construction of buildings and the provision of services, fittings and equipment in or in connection with buildings (including requirements imposed by virtue of section 65(1) or (2)(a) or (b)), as distinct from procedural requirements.

(4) In this Part, in sections 61 to 71 of the 1936 Act and in sections 4 to 8 of the 1961 Act "prescribed" means prescribed by building regulations.