Part IVE+WGeneral

InterpretationE+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;]

  • [F1“appropriate national authority” means—

    (a)

    in relation to England, the Secretary of State;

    (b)

    in relation to Wales, the Welsh Ministers;]

  • F2...

  • “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 F3. . .;

  • [F1“building control approval” has the meaning given by paragraph 1B of Schedule 1;]

  • [F1“building control authority” has the meaning given by section 121A;]

  • “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;

  • [F1“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);]

  • F4. . .

  • “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 M1Factories Act 1961;

  • [F5“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;]

  • [F1“higher-risk building work”—

    (a)

    in relation to England, has the meaning given by section 91ZA;

    (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 M2Public Health Act 1936;

  • F6 . . .

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

  • [F7 “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 [F8 but, in relation to Wales, means the council of a county or county borough;];]

  • [F1“maximum summary term for either-way offences”, with reference to imprisonment for an offence, means—

    (a)

    if the offence is committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;

    (b)

    if the offence is committed after that time, 12 months;]

  • “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;

  • [F9“public sewer” has the same meaning as in the [F10 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 M3General Rate Act 1967;

  • [F11“registered building control approver” has the meaning given by section 58N;]

  • [F11“registered building inspector” has the meaning given by section 58B;]

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

  • [F11“regulatory authority” has the meaning given by section 58A;]

  • F12...

  • “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;

  • F13. . .

  • F13. . .

  • “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, F14. . . F15. . . , F16. . . or other public undertaking; [F17but does not include a universal service provider [F18(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)];]

  • F19. . .

  • “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 [F20matters mentioned in section 1(1A) above] (including requirements imposed by virtue of section 2(1) or (2)(a) or (b) above) [F21and 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;

  • [F1“the tribunal” means the First-tier Tribunal;]

  • “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

F1Words 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., 6.4.2024 for W. in so far as not already in force) 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); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F2Words in s. 126 omitted (6.4.2024 except in relation to W., 6.4.2024 for W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 4 para. 14(a); S.I. 2024/104, reg. 2(b) (with reg. 3); S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 8-12)

F4Definition of “district surveyor” repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F7Definition of “local authority” substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 8 para. 14(4)(a)

F8Words 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

F11Words in s. 126 inserted (6.4.2024 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 4 para. 14(b); S.I. 2024/104, reg. 2(b) (with reg. 3); S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 8-12)

F12Words in s. 126 omitted (1.10.2023 except in relation to W., 6.4.2024 for 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); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F13Definitions in s. 126 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 2.

F20Words in s. 126 substituted (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 1(4), 11(4)

F21Words in s. 126 inserted (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 4(5), 11(4)

Marginal Citations