Office of Public Sector Information

17 Duty of fire authorities to consult other authorities before requiring alterations to buildings

(1)Before a fire authority—

(a)serve on the applicant for a fire certificate with respect to any premises a notice under section 5(4) of this Act informing him that they will not issue a certificate unless alterations are made to the relevant building; or

(b)serve in respect of any premises a notice under section 8(4) or (5) [F1, section 9D] or section 12(8)(b) of this Act mentioning as a step which would have to be taken [F1or, in the case of a notice under section 9D, which must be taken] anything involving the making of alterations to the relevant building,

the authority shall—

(i)if the premises are situated in England or Wales . . . and the fire authority are not the local authority for the area in which the premises are situated, consult that local authority; . . . F2

(ii)if the premises are situated in Scotland, consult the [F3local] authority (within the meaning of . . . F4 the M1Building (Scotland) Act 1959) for the area in which the premises are situated, [F5and]

[F6(iii)if the premises are used as a place of work and are within the field of responsibility of one or more enforcing authorities within the meaning of Part I of the M2Health and Safety at Work etc. Act 1974, consult that authority or each of those authorities.]

(2)For the avoidance of doubt it is hereby declared that a local authority [F7buildings authority or other authority] who have in accordance with this section been consulted by a fire authority proposing to serve any such notice as is mentioned in subsection (1) above may be a person aggrieved within the meaning of section 9 of this Act.

[F8(3)Section 18(7) of the M3Health and Safety at Work etc. Act 1974 (meaning in Part I of that Act of “enforcing authority” and of such an authority’s “field of responsibility”) shall apply for the purposes of this section as it applies for the purposes of that Part.]

Enforcement

18 Enforcement of Act

(1)[F1Subject to subsection (2) below, it] shall be the duty of every fire authority to enforce within their area the provisions of this Act and of regulations made under this Act, and for that purpose to appoint inspectors [F2and cause premises to be inspected]; but nothing in this [F3subsection] shall be taken to authorise a fire authority in Scotland to institute proceedings for any offence.

[F4(2)A fire authority shall have power to arrange with the Health and Safety Commission for such of the authority’s functions under this Act as may be specified in the arrangements to be performed on their behalf by the Health and Safety Executive (with or without payment) in relation to any particular premises so specified which are used as a place of work.]

[F5(3)In performing the duty imposed by subsection (1) above so far as it requires premises in their areas to be inspected, fire authorities shall act in accordance with such guidance as the Secretary of State may give them.]

19 Powers of inspectors

(1)Subject to the provisions of this section, any of the following persons (in this section referred to as “inspectors”) namely an inspector appointed under section 18 of this Act and a fire inspector, may do anything necessary for the purpose of carrying this Act and regulations thereunder into effect and, in particular, shall, so far as may be necessary for that purpose, have power to do at any reasonable time any of the following things, namely—

(a)to enter any such premises as are mentioned in subsection (2) below, and to inspect the whole or any part thereof and anything therein;

(b)to make such inquiry as may be necessary for any of the purposes mentioned in subsection (3) below;

(c)to require the production of, and to inspect, any fire certificate in force with respect to any premises or any copy of any such certificate;

(d)to require any person having responsibilities in relation to any such premises as are referred to in paragraph (a) above (whether or not the owner or occupier of the premises or a person employed to work therein) to give him such facilities and assistance with respect to any matters or things to which the responsibilities of that person extend as are necessary for the purpose of enabling the inspector to exercise any of the powers conferred on him by this subsection.

(2)The premises referred to in subsection (1)(a) above are the following, namely—

(a)any premises requiring a fire certificate or to which any regulations made under section 12 of this Act apply;

[F1(aa)any premises in respect of which there is in force an exemption under section 5A of this Act from the requirement for a fire certificate with respect to them;]

(b)any premises such as are mentioned in section 10(1)(a) of this Act;

(c)any premises to which section 3 of this Act for the time being applies;

(d)any premises not falling within any of the foregoing paragraphs which form part of a building comprising any premises so falling; and

(e)any premises which the inspector has reasonable cause to believe to be premises falling within any of the foregoing paragraphs.

(3)The purposes referred to in subsection (1)(b) above are the following, namely—

(a)to ascertain, as regards any premises, whether they fall within any of paragraphs (a) to (d) of subsection (2) above;

(b)to identify the owner or occupier of any premises falling within any of those paragraphs;

(c)to ascertain whether, in the case of any premises to which section 3 of this Act for the time being applies, any person has the overall management of the building constituting or comprising the premises and, if so, to identify that person;

(d)to ascertain, as regards any premises falling within any of the said paragraphs (a) to (d), whether the provisions of this Act and regulations made under section 12 thereof are complied with, and, where a fire certificate is in force in respect of any such premises, whether the requirements imposed by the certificate are complied with.

(4)An inspector shall, if so required when visiting any premises in the exercise of powers conferred by this section, produce to the occupier of the premises some duly authenticated document showing his authority.

(5)In the case of premises used as a dwelling or premises of any other description prescribed for the purposes of this subsection, no power of entry conferred by subsection (1) above shall be exercised as of right unless twenty-four hours’ notice has been given to the occupier; and for the purposes of this subsection a description of premises may be framed in any of the ways mentioned in section 1(4) of this Act.

(6)A person who—

(a)intentionally obstructs an inspector in the exercise or performance of his powers or duties under this Act; or

(b)without reasonable excuse fails to comply with any requirement imposed by an inspector under subsection (1)(d) above,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F2level 3 on the standard scale].

20 Exercise on behalf of fire inspectors of their powers by officers of fire brigades

(1)The like powers as are in relation to any premises conferred by section 19 of this Act on a fire inspector shall be exercisable by an officer of the fire brigade maintained by the fire authority when authorised in writing by such an inspector for the purpose of reporting to him on any matter falling within his duties under this Act; and subsections (4) and (6) of that section shall, with the necessary modifications, apply accordingly.

(2)A fire inspector shall not authorise an officer of a fire brigade under this section except with the consent of the fire authority who maintain that brigade.

21 Restriction on disclosure of information

[F1(1)Subject to subsection (2) below,] if a person discloses (otherwise than in the performance of his duty or for the purposes of any legal proceedings, including an arbitration, or for the purposes of a report of any such proceedings) any information obtained by him in any premises entered by him in the exercise of powers conferred by this Act, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F2level 3 on the standard scale].

[F3(2)Nothing in subsection (1) above prohibits the disclosure of information to an enforcing authrity within the meaniong of the M1Health and Safety at Work etc. Act 1974 in order to enable that authority to discharge any function falling within its field of responsibility.

(3)Section 18(7) of the Health and Safety at Work etc. Act 1974 (meaning in Part I of that Act of “enforcing authority” and of such an authority’s “field of responsibility”) shall apply for the purposes of this section as it applies for the purposes of that Part.]

Offences, penalties and legal proceedings

22 Falsification of documents, false statements etc

(1)If a person—

(a)with intent to deceive, [F1forges a fire certificate or] makes or has in his possession a document so closely resembling a fire certificate as to be calculated to deceive; or

(b)for the purpose of procuring the issue of a fire certificate, makes any statement or gives any information which he knows to be false in a material particular or recklessly makes any statement or gives any information which is so false; or

(c)in purported compliance with any obligation to give information to which he is subject under or by virtue of this Act, or in response to any inquiry made by virtue of section 19(1)(b) of this Act, gives any information which he knows to be false in a material particular or recklessly gives any information which is so false; or

(d)makes in any register, book, notice or other document required by or by virtue of regulations made under this Act to be kept, served or given, an entry which he knows to be false in a material particular,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F2level 5 on the sandard scale].

(2)If a person with intent to deceive pretends to be—

(a)an inspector within the meaning of section 19 of this Act, or

(b)a person by whom the powers conferred by that section on a fire inspector are exercisable by virtue of section 20 of this Act,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

[F3(3)In this section in its application to England and Wales the expression “forges” has the same meaning as in the M1Forgery Act 1913.]

23 Offences by bodies corporate

(1)Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members, this section shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

24 Offences due to fault of other person

Where the commission by any person of an offence under this Act or any regulations made thereunder is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person.

25 Defence available to persons charged with offences

In any proceedings for an offence under this Act or under regulations made thereunder, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

26 Appeals to magistrates’ courts

(1)Where any provision of this Act provides for an appeal to a magistrates’ court, the procedure shall be by way of complaint for an order, and [F1the M1Magistrates’ Courts Act 1980] shall apply to the proceedings.

(2)For the purposes of any such provision of this Act the making of the complaint shall be deemed to be the bringing of the appeal.

27 Appeal from order made on complaint

(1)A person aggrieved by an order made by a magistrates’ court on determining a complaint under this Act may appeal therefrom to the Crown Court; and for the avoidance of doubt it is hereby declared that a fire authority or local authority may be a person aggrieved within the meaning of this section.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

[F127A Civil and other liability

Except in so far as this Act otherwise expressly provides, and subject to section 18 of the M1Interpretation Act 1978 (offences under two or more laws), the provisions of this Act shall not be construed as -

(a)conferring a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of a provision of this Act, of any regulations thereunder or of any fire certificate or notice issued or served thereunder by the fire authority; or

(b)affecting any requirement or restriction imposed by or under any other enactment whether contained in a public general Act or in a local or private Act; or

(c)derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.]

28 Power of county court or sheriff, where notice under s. 3 is in force, to modify agreements and leases and apportion expenses

(1)Where there is in force a notice under section 3 of this Act relating to any premises (in this section referred to as “the relevant premises”), this section shall apply to any premises consisting of or comprised in the relevant building.

(2)A person who, by reason of the terms and conditions of an agreement or lease relating to any premises to which this section applies, is prevented from carrying out or doing with respect to the premises any structural or other alterations or other thing whose carrying out or doing is requisite—

(a)as being a step mentioned in a notice served in connection with the relevant premises under any of the following provisions of this Act, namely sections 5(4), 8(4), 8(5) and 12(8)(b); or

(b)in order to secure compliance with a requirement imposed by a fire certificate issued with respect to the relevant premises; or

(c)in order to secure compliance with a provision of regulations under section 12 of this Act which is, or will become, applicable to the premises by virtue of there being in force a notice under section 3 of this Act relating to the relevant premises,

may apply to the county court within whose jurisdiction the premises are situated, and the court may make such an order setting aside or modifying any of the terms and conditions of the agreement or lease as the court considers just and equitable in the circumstances of the case.

References in this subsection to the terms and conditions of an agreement or lease relating to any premises include references to the terms and conditions on or subject to which by virtue of [F1section 3 of the M1Rent Act 1977] a statutory tenant retains possession of any premises.

(3)Where, in the case of any premises to which this section applies, the carrying out or doing with respect to those premises of any structural or other alterations or other thing whose carrying out or doing is requisite as mentioned in subsection (2) above involves a person having an interest in the premises in expense or in increased expense, and he alleges that the whole or part of the expense or, as the case may be, the increase, ought to be borne by some other person having an interest in the premises, the first-mentioned person may apply to the county court within whose jurisdiction the premises are situated, and the court may by order give such directions—

(a)with respect to the persons by whom the expense or increase is to be borne, and the proportions in which it is to be borne by them; and

(b)if need be, for modification of the terms of any agreement or lease relating to the premises so far as concerns rent payable in respect of the premises,

as the court considers just and equitable in the circumstances of the case:

(4)In this section “statutory tenant” has the same meaning as in [F2the M2Rent Act 1977.]

(5)In the application of this section to Scotland—

(a)for references to the county court there shall be substituted references to the sheriff;

(b)in subsection (2), for the reference to [F1section 3 of the M3Rent Act 1977] there shall be substituted a reference to section [F315]of the M4Rent (Scotland) Act [F31984];

(c)“statutory tenant” has the same meaning as in section [F3115(1)] of the Rent (Scotland) Act [F31984];

(d)subsection (4) shall be omitted:

. . . F4

[F128A Special provision for factory, office, railway and shop premises

(1)This Act shall have effect in relation to premises of the descriptions specified in Part I of Schedule 2 to this Act subject to the modifications specified in Part II of that Schedule.

(2)The Secretary of State may by order vary the provisions of that Schedule by amending, omitting or adding to the descriptions of premises or the modifications for the time being specified in it if it appears to him to be necessary or expedient in connection with any provision made by health and safety regulations under section 15 of the M1Health and Safety at Work etc. Act 1974.

(3)The power to make an order under this section is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]