4 Amendment etc. of certificates.E+W+S
(1)The local authority may, in any case in which it appears appropriate to them to do so—
(a)amend a safety certificate by notice in writing to its holder; or
(b)replace a safety certificate.
[F1(1A)The local authority shall, if it appears to them that a safety certificate would require a person to contravene any provision of Part 3 of the Fire (Scotland) Act 2005 (asp 5) or regulations made by virtue of that Part, amend the safety certificate by notice in writing to its holder so as to remove the requirement.]
[F2(1A)The local authority shall, if it appears to them that a safety certificate would require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it, amend the safety certificate by notice in writing to its holder; but nothing in this subsection shall be taken to require the local authority to take any action unless they are aware of any such inconsistency between a safety certificate and the Order.]
(2)A safety certificate may be amended or replaced either on the application of the holder or without such an application.
(3)Section 2 above shall apply on the amendment or replacement of a safety certificate.
(4)A notice under subsection (1)(a) [F3or (1A) ] above amending a general safety certificate shall specify the date on which the amendment to which it relates is to come into operation, and the date so specified may be a date later than the date of issue of the notice.
(5)If the local authority receive an application for the transfer of a safety certificate from the holder to some other person, it shall be their duty to determine whether that person is a qualified person; and if they so determine, they may transfer the certificate to him.
(6)An application under subsection (5) above may be made either by the holder of a safety certificate or by a person to whom it is proposed that it should be transferred.
(7)The local authority shall send a copy of an application for the transfer of a safety certificate for a [F4sports ground] to [F5the chief officer of police and [F6where the local authority is in [F7Wales,]Greater London or a metropolitan county, the fire authority or, in any other case,] the building authority for the area in which it] [F5—
(a)the chief officer of police, and
(b)if the local authority are not the fire and rescue authority, the fire and rescue authority, and
(c)if the local authority are not the building authority, the building authority,
for the area in which the sports ground] is situated.
(8)The local authority shall consult [F8the chief officer of police and [F6where the local authority is in [F7Wales,] Greater London or a metropolitan county, the fire authority or, in any other case,] the building authority about ] [F8—
(a)the chief officer of police, and
(b)if the local authority are not the fire and rescue authority, the fire and rescue authority, and
(c)if the local authority are not the building authority, the building authority,
about ]
any proposal to amend, replace or transfer a safety certificate.
(9)The holder of a safety certificate may surrender it to the local authority, and it shall thereupon cease to have effect.
(10)The local authority may cancel a safety certificate if the holder dies or (if a body corporate) is dissolved.
Textual Amendments
F1S. 4(1A) inserted (S.) (1.10.2006) by Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 7(3)(a)
F2S. 4(1A) inserted (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), Sch. 2 para. 10(3)(a) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)
F3Words in s. 4(4) inserted (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), Sch. 2 para. 10(3)(b) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2); and words in s. 4(4) inserted (S.) (1.10.2006) by Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 7(3)(b)
F4Words substituted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 45A), s. 19(1), Sch. 2
F5Words in s. 4(7) substituted (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 47(2); S.I. 2004/2304, art. 2
F6Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), d. 16, Sch. 8 para. 7(1)
F7Words in s. 4(7)(8) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 47(1)(b) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, arts. 4, Sch. 2
F8Words in s. 4(8) substituted (E.W.) (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 47(3); S.I. 2004/2304, art. 2
Modifications etc. (not altering text)
C1S. 4(8) excluded (E.W.)(3.6.1991) by Football Spectators Act 1989 (c. 37, SIF 45A), s. 13(4)