Part IV E+W General

Interpretation E+W

126 General interpretation. E+W

In this Act, unless the context otherwise requires—

• “Act” includes an enactment contained in a local Act;

• [F1 “appropriate court or tribunal” means—

  (a)

  in relation to England, the tribunal;

  (b)

  in relation to Wales, a magistrates’ court;]

• “approved inspector” has the meaning given by section 49(1) above;

• “authorised officer”, in relation to a local authority, means—

(a) an officer of the local authority authorised by them in writing, either generally or specially, to act in matters of a specified kind or in a specified matter, or

(b) by virtue of his appointment and for the purpose of matters within his province, a proper officer of the local authority . . . F2 ;

• “cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings;

• “closet” includes privy;

• “contravention” includes failure to comply, and “contravene” has a corresponding meaning;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

• “drain” means a drain used for the drainage of one building or of buildings or yards appurtenant to buildings within the same curtilage, and includes any manholes, ventilating shafts, pumps or other accessories belonging to the drain;

• “earth-closet” means a closet having a movable receptacle for the reception of faecal matter and its deodorisation by the use of earth, ashes or chemicals, or by other methods;

• “enactment” includes an enactment contained in a local Act;

• “factory” has the meaning given by section 175 of the M1 Factories Act 1961;

• [F4 “fire and rescue authority” in relation to any premises or proposed premises, means—

  (a)

  where the Regulatory Reform (Fire Safety) Order 2005 applies to the premises or proposed premises, the enforcing authority within the meaning given by article 25 of that Order;

  (b)

  in any other case, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the premises are or are to be situated;]

• “functions” includes powers and duties;

• [F1 “higher-risk building”—

  (a)

  in relation to England, has the meaning given by section 120D;

  (b)

  in relation to Wales, has the meaning given by section 120I;]

• “highway authority” means, in the case of a highway repairable by the inhabitants at large, the council in whom the highway is vested;

• “house” means a dwelling-house, whether a private dwelling-house or not;

• “inner London” means the area comprising the inner London boroughs, the City of London, the Inner Temple and the Middle Temple;

• “joint board” has the meaning given by section 343(1) of the M2 Public Health Act 1936;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

• “local Act” includes a provisional order confirmed by Parliament, and the confirming Act so far as it relates to that order;

• [F6 “local authority” means the council of a district or London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple or, for the purposes of Parts I and II above and of this Part so far as it relates to them, the Council of the Isles of Scilly [F7 but, in relation to Wales, means the council of a county or county borough;];]

• “modifications” includes additions, omissions and amendments, and related expressions shall be construed accordingly;

• “officer” includes servant;

• “owner” means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive it if those premises were let at a rackrent;

• “plans” includes drawings of any other description, and also specifications or other information in any form;

• “prejudicial to health” means injurious, or likely to cause injury, to health;

• “premises” includes buildings, land, easements and hereditaments of any tenure;

• “prescribed” means prescribed by building regulations;

• “private sewer” means a sewer that is not a public sewer;

• “proper officer”, in relation to a purpose and to a local authority, means an officer appointed for that purpose by that authority;

• [F8 “public sewer” has the same meaning as in the [F9 Water Industry Act 1991];]

• “rackrent”, in relation to property, means a rent that is not less than two-thirds of the rent at which the property might reasonably be expected to let from year to year, free from all usual tenant’s rates and taxes, and deducting from it the probable average annual cost of the repairs, insurance and other expenses (if any) necessary to maintain the property in a state to command such rent;

• “rating district” has the meaning given by section 115(1) of the M3 General Rate Act 1967;

• [F1 “the regulator” means the Health and Safety Executive;]

• [F10 “relevant period” has the meaning given by section 16(12) or 81(4) above, as the case may require;]

• “sanitary convenience” means closet or urinal;

• “school” includes a Sunday school or a Sabbath school;

• “sewer” does not include a drain as defined in this section, but otherwise it includes all sewers and drains used for the drainage of buildings and yards appurtenant to buildings, and any manholes, ventilating shafts, pumps or other accessories belonging to the sewer;

• F11 . . .

• F11 . . .

• “statutory undertakers” means persons authorised by an enactment or statutory order to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, . . . F12 . . . F13 , . . . F14 or other public undertaking; [F15 but does not include a universal service provider [F16 (within the meaning of Part 3 of the Postal Services Act 2011) or a relevant company (within the meaning of Part 4 of the Postal Services Act 2000)];]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

• “street” includes a highway, including a highway over a bridge, and a road, lane, footway, square, court, alley or passage, whether a thoroughfare or not;

• “substantive requirements”, in relation to building regulations, means the requirements of building regulations with respect to the [F18 matters mentioned in section 1(1A) above] (including requirements imposed by virtue of section 2(1) or (2)(a) or (b) above) [F19 and requirements that are of a kind mentioned in subsection (2)(a), (b) or (c) of section 2A above and are imposed by virtue of subsection (1) of that section], as distinct from procedural requirements;

• “surface water” includes water from roofs;

• “water-closet” means a closet that has a separate fixed receptacle connected to a drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action;

• “workplace” does not include a factory, but otherwise it includes any place in which persons are employed otherwise than in domestic service.

Textual Amendments

F1 Words in s. 126 inserted (28.6.2022 for E. for specified purposes, 9.12.2022 for W. for specified purposes, 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 81(2); S.I. 2022/561, reg. 3(f), Sch. para. 44; S.I. 2022/1287, reg. 2(c)(iv); S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 30; S.I. 2023/993, reg. 2(n)(xxxii)

F2 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F3 Definition of “district surveyor” repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F4 Definition "fire and rescue authority" in s. 126 substituted (1.10.2006) by Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 33(8) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

F5 Definition of “limits of supply” repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

F6 Definition of “local authority” substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 8 para. 14(4)(a)

F7 Words in s. 126 inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 15(3) (with ss. 54(5)(7),55(5) Sch. 17 paras. 22(1), 23(2); S.I. 1996/396, art. 3, Sch.1

F8 Definition of “public sewer” substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 70(4), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F9 Words in s. 126 substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 39(6).

F10 Words in s. 126 omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 81(3); S.I. 2023/993, reg. 2(n)(xxxii)

F11 Definitions in s. 126 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 2.

F12 Word repealed by Gas Act 1986 (c. 44, SIF 44:2), ss. 67(3)(4), Sch. 8 para. 17, Sch. 9 Pt. I

F13 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18

F14 Word repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

F15 Words in s. 126 inserted (26.3.2001) by The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001 (S.I. 2001/1149), art. 3(1), Sch. 1 para. 61

F16 Words in s. 126 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 122; S.I. 2011/2329, art. 3

F17 Definition of “statutory water undertakers” repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

F18 Words in s. 126 substituted (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 1(4), 11(4)

F19 Words in s. 126 inserted (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 4(5), 11(4)

Marginal Citations

M1 1961 c. 34.

M2 1936 c. 49.

M3 1967 c. 9.