http://www.legislation.gov.uk/id/ukpga/1982/30

http://www.legislation.gov.uk/ukpga/1982/30/section/8/1998-10-01

Local Government (Miscellaneous Provisions) Act 1982

An Act to make amendments for England and Wales of provisions of that part of the law relating to local authorities or highways which is commonly amended by local Acts; to make provision for the control of sex establishments; to make further provision for the control of refreshment premises and for consultation between local authorities in England and Wales and fire authorities with regard to fire precautions for buildings and caravan sites; to repeal the Theatrical Employers Registration Acts 1925 and 1928; to make further provision as to the enforcement of section 8 of the Public Utilities Street Works Act 1950 and sections 171 and 174 of the Highways Act 1980; to make provision in connection with the computerisation of local land charges registers; to make further provision in connection with the acquisition of land and rights over land by boards constituted in pursuance of section 1 of the Town and Country Planning Act 1971 or reconstituted in pursuance of Schedule 17 to the Local Government Act 1972; to exclude from the definition of “construction or maintenance work” in section 20 of the Local Government, Planning and Land Act 1980 work undertaken by local authorities and development bodies pursuant to certain agreements with the Manpower Services Commission which specify the work to be undertaken and under which the Commission agrees to pay the whole or part of the cost of the work so specified; to define “year” for the purposes of Part III of the said Act of 1980; to amend section 140 of the Local Government Act 1972 and to provide for the insurance by local authorities of persons voluntarily assisting probation committees; to make provision for controlling nuisance and disturbance on educational premises; to amend section 137 of the Local Government Act 1972; to make further provision as to arrangements made by local authorities under the Employment and Training Act 1973; to extend the duration of certain powers to assist industry or employment conferred by local Acts; to make corrections and minor improvements in certain enactments relating to the local administration of health and planning functions; and for connected purposes.

1982-08-01

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Statute Law Database

2024-09-19

1998-10-01

Part V Fire Precautions

Provisions as to consultations.

8 Consultation between authorities. C1

1

In the M1Public Health Act 1936—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

i

in subsections (1) and (2), the words “, after consultation with the fore authority, deem satisfactory, regard being had” shall be substituted for the words “ deem satisfactory, regard being had by them ” ; and

ii

in subsection (4), after the word “authority” there shall be inserted the words “ after consultation with the fire authority, ” ;

b

in subsection (1) of section 60 (means of escape from fire in the case of certain high buildings) after the word “authority”—

i

in the first place where it occurs, there shall be inserted the words “ , after consultation with the fire authority, ” ; and

ii

in the second place where it occurs, there shall be inserted the words “ , after such consultation ” ; and

c

in section 343 (interpretation) the following definition shall be inserted after the definition of “factory”— “ “fire authority” has the meaning assigned to it by section 43(1) of the Fire Precautions Act 1971. ”

2

In the M2Caravan Sites and Control of Development Act 1960—

a

the following subsections shall be inserted after subsection (3) of section 5 (power of local authority attach conditions to site licences)—

3A
The local authority shall consult the fire authority as to the extent to which any model standards relating to fire precautions which have been specified under subsection (6) of this section are appropriate to the land.
3B
If—
a
no such standards have been specified ; or
b
any standard that has been specified appears to the fire authority to be inappropriate to the land,
the local authority shall consult the fire authority as to what conditions relating to fire precautions ought to be attached to the site licence instead.

b

the following subsections shall be added after subsection (6) of that section—

7
The duty imposed on a local authority by subsection (6) of this section to have regard to standards specified under that subsection is to be construed, as regards standards relating to fire precautions which are so specified, as a duty to have regards to them subject to any advice given by the fire authority under subsection (3A) or (3B) of this section.
8
In this section “fire precautions” means precautions to be taken for any of the purposes specified in paragraph (e) of subsection (1) of this section for which conditions may be imposed by virtue of that subsection.

c

the following subsection shall be added at the end of section 8 (powers of local authority to alter conditions attached to site licences)—

5
The local authority shall consult the fire authority before exercising the powers conferred upon them by subsection (1) of this section in relation to a condition attached to a site licence for the purposes set out in section 5(1)(e) of this Act.

d

the following subsection shall be inserted after subsection (2) of section 24 (power of local authorities to provide sites for caravans)—

2A
Before exercising the power to provide a site conferred on them by subsection (1) of this section the local authority shall consult the fire authority, if they are not themselves the fire authority,—
a
as to measures to be taken for preventing and detecting the outbreak of fire on the site ; and
b
as to the provision and maintenance of means of fighting fire on it.

e

the following definition shall be inserted in section 29 (interpretation of Part I) after the definition of “exiisting site”— “ “fire authority” , in relation to any land, means the authority discharging in the are in which the land is situated the functions of fire authority under the Fire Services Act 1947 ; ”.