Modifications etc. (not altering text)
C1Pt. I: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
C2Pt. III: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
(1)A [F1fire and rescue authority] may resolve that section 10 below is to apply to their area; and if a [F1fire and rescue authority] do so resolve, that section shall come into force in their area on the day specified in that behalf in the resolution (which must not be before the expiration of the period of 42 days beginning with the day on which the resolution is passed).
(2)A [F2fire and rescue authority] shall publish notice that they have passed a resolution under this section in two consecutive weeks in a local newspaper circulating in their area.
(3)Any such notice shall state the general effect of section 10 below.
(4)In this section and section 10 below [F3“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004] .
Textual Amendments
F1Words in s. 9(1) substituted (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. 54(2), (3)(a); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F2Words in s. 9(2) substituted (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. 54(2), (3)(a); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F3Words in s. 9(4) substituted (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. 54(4); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
(1)This section applies to apparatus consisting of luminous tube signs designed to work at a voltage normally exceeding [F4the prescribed voltage], or other equipment so designed, and references in this section to a cut-off switch are, in a case where a transformer is provided to raise the voltage to operate the apparatus, references to a cut-off switch on the low-voltage side of the transformer.
[F5(1A)In subsection (1) above “the prescribed voltage” means 1000 volts A.C. or 1500 volts D.C. if measured between any two conductors or 600 volts A.C. or 900 volts D.C. if measured between any conductor and earth.
(1B)The Secretary of State may, by order made by statutory instrument, substitute such different voltages for those for the time being specified in subsection (1A) above as appear to him to be appropriate for this purpose having regard to the current regulations of the Institution of Electrical Engineers.]
(2)No apparatus to which this section applies shall be installed unless it is provided with a cut-off switch.
(3)Subject to subsection (4) below, the cut-off switch shall be so placed, and coloured or marked, as to satisfy such reasonable requirements as the [F6fire and rescue authority] may impose to secure that it shall be readily recognisable by and accessible to [F7fire-fighters] .
(4)If a cut-off switch complies in position, colour and marking with the current regulations of the Institution of Electrical Engineers for a firemen’s emergency switch, the [F8fire and rescue authority] may not impose any further requirements in respect of it under subsection (3) above.
(5)Not less than 42 days before work is begun to install apparatus to which this section applies, the owner or occupier of the premises where the apparatus is to be installed shall give notice to the [F9fire and rescue authority] showing where the cut-off switch is to be placed and how it is to be coloured or marked.
(6)Where notice has been given to the [F10fire and rescue authority] as required by subsection (5) above, the proposed position, colouring or marking of the switch shall be deemed to satisfy the requirements of the [F10fire and rescue authority] unless, within 21 days from the date of the service of the notice, the [F10fire and rescue authority] have served on the owner or occupier a counter-notice stating that their requirements are not satisfied.
(7)Where apparatus to which this section applies has been installed in premises before the day specified in a resolution under section 9(1) above as the day on which this section is to come into force in the area in which the premises are situated, the owner or occupier of the premises shall, not more than 21 days after that day, give notice to the [F11fire and rescue authority] stating whether the apparatus is already provided with a cut-off switch and, if so, where the switch is placed and how it is coloured or marked.
(8)Subject to subsection (9) below, where apparatus to which this section applies has been installed in premises before the day specified in a resolution under section 9(1) above as the day on which this section is to come into force in the area in which the premises are situated, the [F12fire and rescue authority] may serve on the owner or occupier of the premises a notice—
(a)in the case of apparatus already provided with a cut-off switch, stating that they are not satisfied with the position, colouring or marking of the switch and requiring him, within such period as may be specified in the notice, to take such steps as will secure that the switch will be so placed and coloured or marked as to be readily recognisable by, and accessible to, [F13fire-fighters] in accordance with the reasonable requirements of the [F12fire and rescue authority]; or
(b)in the case of apparatus not already provided with a cut-off switch, requiring him, within such period as may be specified in the notice, to provide such a cut-off switch in such a position and so coloured or marked as to be readily recognisable by, and accessible to, firemen in accordance with the reasonable requirements of the [F12fire and rescue authority] .
(9)If a cut-off switch complies in position, colour and marking with the current regulations of the Institution of Electrical Engineers for a firemen’s emergency switch, the [F14fire and rescue authority] may not serve a notice in respect of it under subsection (8) above.
(10)Section 290 of the M1Public Health Act 1936 shall apply to notices given by a [F15fire and rescue authority] under this section as it applies to the notices mentioned in subsection (1) of that section as if the references in that section to a local authority included references to a [F15fire and rescue authority] .
(11)This section shall not apply to apparatus installed or proposed to be installed on or in premises in respect of which a licence under the [F16section 1 of the Cinemas Act 1985] is for the time being in force.
(12)The following persons, namely—
(a)any owner and any occupier of premises where apparatus to which this section applies is installed who without reasonable excuse fails to ensure that it complies with subsection (2) above;
(b)any owner and any occupier of premises who without reasonable excuse fails to comply with subsection (3) above;
shall each be guilty of an offence and liable on summary conviction to a fine not exceeding [F17level 3 on the standard scale] and to a daily fine not exceeding £20.
(13)In proceedings for an offence under subsection (12) above, it shall be a defence for either the owner or the occupier to show that it would have been equitable for the prosecution to be brought only against the other.
(14)A person charged shall not be entitled to rely on the defence set out in subsection (13) above unless within a period ending 7 clear days before the hearing he has served on the prosecutor notice in writing of his intention so to do.
(15)Any person who without reasonable excuse fails to give a notice required by subsection (5) or (7) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F17level 3 on the standard scale] unless he establishes that some other person duly gave the notice in question.
(16)Any owner or occupier of premises who without reasonable excuse fails to comply with a notice served on him under subsection (8) above within the period specified in it for compliance with it shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F17level 3 on the standard scale] and to a daily fine not exceeding £20.
(17)It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.
Textual Amendments
F4Words substituted by Fire and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 47(a)
F5S. 10(1A)(1B) inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 47(b)
F6Words in s. 10(3) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F7Word in s. 10(3) substituted (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. 54(5); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F8Words in s. 10(4) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F9Words in s. 10(5) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F10Words in s. 10(6) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F11Words in s. 10(7) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F12Words in s. 10(8) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F13Word in s. 10(8)(a) substituted (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. 54(5); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F14Words in s. 10(9) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F15Words in s. 10(10) substituted (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. 54(2), (3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F16Words substituted by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(1), Sch. 2 para. 14
F17Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
Marginal Citations