Building Act 1984

Part I E+W Application of Part I of this Act

Application to inner London. E+W

1 Sections . . . F1 , . . . F2 24(1), (2) and (4), 25 . . . F2 of this Act do not apply to inner London.

Textual Amendments

F1 Number repealed by S.I. 1985/1936, reg. 3(1)(2), Sch. 3 para. 20, Sch. 4

F2 Words repealed by S.I. 1987/798, regs. 3(3), 4, Sch. 4 Pt. I

Application of provisions by building regulations. E+W

2 (1) Where, by section 91(2) above or by building regulations made under paragraph 6 of Schedule 1 to this Act or paragraph 14(1) of this Schedule, local authorities, or a prescribed person or class of persons other than local authorities, are made responsible for—

(a) enforcing, or

(b) performing prescribed functions under or in connection with,

building regulations in force in inner London, then, without prejudice to the said paragraphs 6 and 14(1), building regulations may in that connection provide for any relevant provision to apply (with any prescribed modifications, and notwithstanding paragraph 1 above) in relation to any such authority, person or class of persons as that provision applies in relation to a local authority outside inner London.

(2) In sub-paragraph (1) above, “relevant provision” means any of the following provisions of this Act that may be prescribed for the purposes of sub-paragraph (1) above: sections 4, 8 to 10, 16, 18(1), (4) and (5), 21 to 23, 24(1), (2) and (4), 26 to 29, 32, 36, 37, 39 and 40.

Repeal and modification of Acts. E+W

3 Without prejudice to the generality of paragraph 11(1) of Schedule 1 to this Act, building regulations may repeal or modify—

(a) any provision of the London Building Acts 1930 to 1939,

(b) any provision of an Act passed before the 20th September 1974, in so far as that provision—

(i) applies to or to any part of inner London, and

(ii) relates to, or to the making of, byelaws for or for any part of inner London with respect to any matter for or in connection with which provision can be made by building regulations, or

(c) any provision of byelaws made or having effect under the said Acts or of any such byelaws as are mentioned in sub-paragraph (b)(ii) above,

if it appears to the Secretary of State that the repeal or, as the case may be, the modification of that provision is expedient—

(i) in consequence of the application of any of sections 61, 62 and 67 of the M1 Public Health Act 1936, sections 4(2), (5), (6) and (7), 5 and 9 of the M2 Public Health Act 1961 and sections 61 to 74 and 76 of the M3 Health and Safety at Work etc. Act 1974 to inner London by virtue of section 70(1) of the said Act of 1974 (which section is repealed by and incorporated in this Act),

(ii) in consequence of paragraph 2 or 14 of this Schedule, or

(iii) in connection with any provision contained in building regulations that aply to or to any part of inner London.

Marginal Citations

M1 1936 c. 49.

M2 1961 c. 64.

M3 1974 c. 37.

Consultation. E+W

4 Before making any building regulations that provide for the repeal or modification of any such provision the Secretary of State shall (without prejudice to the requirements as to consultation in section 14(3) of this Act) consult [F3 any local authority] who appear to him to be concerned.

Textual Amendments

F3 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 14(4)(b)(i)