Office of Public Sector Information

Amendments of other Acts

29 Extension of ss. 24 and 33 of Fire Services Act 1947

In sections 24 and 33(1) of the M1Fire Services Act 1947 (which authorise the appointment of inspectors and the holding of inquiries for obtaining information as to the performance by fire authorities of their functions under that Act) the references to that Act shall be read as including references to this Act.

30 Provisions as to ss. 59 and 60 of Public Health Act 1936 and certain similar enactments

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)So long as a fire certificate is in force with respect to any premises, any provision of a local Act which apart from this subsection would apply in the case of those premises shall not apply in their case in so far as it relates to any matter in relation to which requirements are imposed by that certificate; and so long as any regulations made under section 12 of this Act apply to any premises, any provision of a local Act which apart from this subsection would apply in the case of those premises shall not apply in their case in so far as it relates to any matter about which provision is made in the regulations.

(3)While this subsection applies to any premises, none of the following provisions shall apply to the premises, that is to say—

[F2(a)section 71(1) to (4) of the M1Building Act 1984;

(b)section 72 (except subsection (5)) of that Act;]

(c)section 35 (means of escape in buildings in inner London) of the M2London Building Acts (Amendment) Act 1939; and

(d)any provision of a local Act which is for the time being designated for the purposes of this paragraph under subsection (5) below.

(4)Subsection (3) above applies to—

(a)any premises in respect of which a fire certificate is for the time being in force;

(b)any premises to which a notice for the time being in force under section 3 of this Act relates; and

(c)any premises to which any regulations made under section 12 of this Act apply.

(5)Where it appears to the Secretary of State, as regards any provision contained in a local Act, that it is unnecessary or would be impracticable for that provision to apply to premises while they are premises to which subsection (3) above applies, he may by order designate that provision for the purposes of subsection (3)(d) above.

(6)An order under subsection (5) above may be varied or revoked by a subsequent order thereunder.

(7)The power to make orders under subsection (5) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)This section does not extend to Scotland.

31 Suspension of terms and conditions of licences dealing with same matters as fire certificates or regulations

(1)Where any enactment provides for the licensing of premises of any class or description and the authority responsible for issuing licences thereunder is required or authorised to impose terms, conditions or restrictions in connection with the issue of such licences, then, in the case of any premises of that class or description—

(a)so long as there is in force with respect to the premises a fire certificate covering the use of the premises by reason of which a licence under that enactment is required, any term, condition or restriction imposed in connection with the issue under that enactment of any licence with respect to those premises shall be of no effect in so far as it relates to any matter in relation to which requirements are or could be imposed by that certificate; and

(b)without prejudice to paragraph (a) above, so long as there are in force under section 12 of this Act any regulations applying to the premises in respect of that use, any term, condition or restriction imposed as aforesaid shall be of no effect in so far as it relates to any matter about which provision is made in the regulations.

(2)References in this section to the issue of licences include references to their renewal, transfer or variation.

32 Provision for securing exercise of local Act powers in conformity with this Act

A person required by or under a local Act to do any thing in relation to any premises shall not be treated as having acted in contravention of that Act by reason of his failure to do that thing in so far as the failure is attributable to the fact that remedying it would involve a contravention of this Act or of regulations made under section 12 thereof.

33 Amendment of Offices, Shops and Railway Premises Act 1963

(1)Section 29 of the M1Offices, Shops and Railway Premises Act 1963 (which provides for the issue of fire certificates under that section and which, with section 30 of that Act, enables the appropriate authority in that connection to stipulate for the making of specified alterations to premises) shall be amended as follows:—

(a)after subsection (9) there shall be inserted as subsection (9A)—

“(9A)In the case of premises consisting of or comprised in a building to which building regulations (within the meaning of section 4 of the Public Health Act 1961) imposing requirements as to means of escape in case of fire apply, the appropriate authority shall not for the purposes of this or the next following section specify any structural alterations in respect of those premises beyond such as may be necessary to bring the premises into compliance with the regulations in respect of those requirements.”;

(b)for subsection (10), there shall be substituted the following:—

“(10)In the case of premises consisting of or comprised in a building to which building standards regulations (within the meaning of the Building (Scotland) Act 1959) imposing requirements as to means of escape in case of fire apply, the appropriate authority shall not for the purposes of this or the next following section specify any structural alterations in respect of those premises to a standard higher than that of the said regulations.”;

(c)after subsection (11) there shall be added as subsection (12)—

“(12)References in subsection (9A) above to building regulations shall, in any particular case in relation to which there is in force a direction made under section 6 of the Public Health Act 1961 dispensing with or relaxing any requirement in such regulations, be construed as references to building regulations as they apply in that case.”

(2)In subsection (3) of section 83 of the M2Offices, Shops and Railway Premises Act 1963 (application to Crown), after the words “sections 29(2) to (8)” there shall be inserted the word “(9A)”.

X134†Modification of Rent Act 1968 and corresponding Scottish Acts

The provisions of Part I of [F1Schedule 1] to this Act shall have effect for the purposes of the modification, in connection with certain provisions of this Act, of the M1Rent Act 1968; . . . F2; . . . F3 the provisions of . . . F4 that Schedule shall have effect . . . [F5F4 . . . F4 for purposes of the modification in connection with certain provisions of this Act, of [F6the M2Rent (Scotland) Act 1984.]].

X134†Modification of Rent Act 1968 and corresponding Scottish Acts

[F1The provisions of Part III of [F2Schedule 1] to this Act] shall have effect after the Rent (Scotland) Act 1971 comes into force for the purposes of the modification, in connection with certain provisions of this Act, of the said Act 1971.

Miscellaneous and general

35 Power to apply Act to vessels and movable structures

The Secretary of State may by regulations apply any of the provisions of this Act, subject to such modifications as may be prescribed, to—

(a)vessels remaining moored or on dry land for such periods or in such circumstances as may be prescribed; and

(b)tents and other movable structures of any prescribed description. [F1; and

(c)places of work in the open air of any prescribed description.]

36 Power of local authorities to make loans to meet expenditure on certain alterations to buildings occasioned by this Act

(1)Where there is in force a notice under section 3 of this Act relating to any premises, any person proposing to incur expenditure in making to any part of the relevant building any structural or other alterations the making of which is requisite as being a step mentioned in a notice served in connection with those premises under section 5(4), 8(5) or 12(8)(b) of this Act, may apply for a loan to the local authority in whose area the premises are situated.

(2)Subject to this section, if the local authority consider that the applicant—

(a)can reasonably be expected to meet obligations assumed by him in pursuance of this section in respect of a loan of the amount of the expenditure to which the application relates; or

(b)cannot reasonably be expected to meet obligations so assumed by him in respect of a loan of that amount, but can reasonably be expected to meet obligations so assumed by him in respect of a loan of a smaller amount,

the local authority may, if they think fit, offer to enter into a contract with the applicant for a loan by the local authority to the applicant of the appropriate amount, to be secured to the local authority by a mortgage of the applicant’s interest in the relevant building or the part of it to which the application relates.

In this subsection “the appropriate amount”, in a case falling within paragraph (a) above, means the amount of the expenditure to which the application relates, and in a case falling within paragraph (b) above means the smaller amount there referred to.

(3)The local authority shall not make an offer under the foregoing provisions of this section unless they are satisfied—

(a)that the applicant’s interest in the relevant building or the part of it to which the application relates amounts to an estate in fee simple absolute in possession or an estate for a term of years absolute which will not expire before the date for final repayment of the loan; and

(b)that, according to a valuation made on behalf of the local authority, the amount of the principal of the loan does not exceed the value which it is estimated the mortgaged security will bear when the proposed alterations have been carried out.

(4)Subject to subsection (5) of this section, every loan under this section shall bear interest at the rate which, on the date of the contract to make the loan, is the rate for the time being determined by the Treasury in accordance with section 5 of the M1National Loans Act 1968 in respect of local loans made on the security of local rates on that date and for the same period as that loan.

In this subsection “local loans” and “made on the security of local rates” have the same meanings as in section 6(2) of the M2National Loans Act 1968.

(5)Where, on the date of a contract for a loan under this section, there are two or more rates of interest for the time being determined by the Treasury as mentioned in subsection (4) above, the reference in that subsection to the rate so determined shall be read as a reference to such one of those rates as may be specified in a direction given by the Treasury for the purposes of this section.

(6)The Treasury shall cause any direction given under subsection (5) above to be published in the London and Edinburgh Gazettes as soon as may be after giving it.

(7)Subject to the foregoing provisions of this section, the contract offered by the local authority under this section shall require proof of title and shall contain such other reasonable terms as the local authority may specify in their offer.

[F1(8)The local authority’s offer may in particular include provision—

(a)for the advance to be made by instalments from time to time as the alterations progress;

(b)for repayment either by instalments of principal or by an annuity of principal and interest combined;

(c)that in the event of any of the conditions subject to which the advance is made not being complied with, the balance for the time being unpaid shall be come repayable on demand by the local authority;

(d)that the balance for the time being unpaid may be repaid on one of the usual quarter days by the person for the time being entitled to the equity of redemption after one month’s written notice of intention to repay has been given to the local authority.]

(9)In its application to Scotland this section shall have effect subject to the following modifications—

(a)in subsection (2), for the words “mortgage of” there shall be substituted the words “heritable security over”, and at the end there shall be inserted the words “and ”heritable security’ means any security capable of being constituted over any interest in land by disposition or assignation of that interest in security of any debt and of being recorded in the Register of Sasines”;

(b)in subsection (3)(a), for the words from “an estate in fee simple” to “years absolute” there shall be substituted the words “ownership or a lease”;

(c)in subsection (3)(b), for the words “mortgaged security” there shall be substituted the words “security subjects”;

[F2(d)in subsection (8), for “on one of the usual quarter days” there shall be substituted “at ant term of Whitsunday or Martinmas” and for “the person for the time being entitled to the equity of redemption” there shall be substituted “the debtor”.]

37 General provisions as to regulations

(1)Any power of the Secretary of State to make regulations under this Act shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)Any power conferred by this Act to make regulations includes power to make different provision in relation to different circumstances.

(3)Regulations made under this Act may grant or provide for the granting of exemptions from any of the provisions of the regulations, either unconditionally or subject to conditions.

38 Service of documents

(1)Any notice or other document required or authorised by or by virtue of this Act to be served on any person may be served on him either by delivering it to him or by leaving it at his proper address or by sending it by post.

(2)Any notice or other document so required or authorised to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(3)For the purposes of this section, and of [F1section 7 of the M1Interpretation Act 1978] in its application to this section, the proper address of any person, in the case of the secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm, shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.

(4)If the name or the address of any owner or occupier of premises on whom any such notice or other document as aforesaid is to be served cannot after reasonable inquiry be ascertained by the person seeking to serve it, the document may be served by addressing it to the person on whom it is to be served by the description of “owner” or “occupier” of the premises (describing them) to which the notice relates, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.

39 Expenses

There shall be paid out of moneys provided by Parliament any expenditure incurred by the Secretary of State under or by virtue of this Act and any increase attributable to any provision of this Act in the sums payable under any other enactment out of moneys so provided.

40 Application to Crown, etc

(1)Subject to the provisions of this section—

(a)the following provisions of this Act, namely sections 1, 2, 3 (except subsection (5)), 4 [F15(2A), 5A, 5B,], 6 [F2, [F3, 9A (except subsections (3) and (4)), 9B and 9C]] and 12(1) to (3) and (4)(a) and (b), shall apply to premises occupied by the Crown; and

(b)the following provisions of this Act, namely sections 1, 2, 3 (except subsection (5)), 4 to 8 [F48A, 8B,], [F59A][F49B, 9C, 9D, 9F,] 10, [F410B] 12, 19 to 21 and 32, shall apply to premises owned by the Crown but not occupied by it.

(2)No fire certificate shall by virtue of subsection (1) above be required in respect of premises of any of the following descriptions, that is to say—

(a)any premises constituting, or forming part of, a prison within the meaning of the M1Prison Act 1952 or constituting, or forming part of, a remand centre, detention centre or [F6youth custody centre] provided by the Secretary of State under section 43 of that Act;

(b)any premises constituting, or forming part of, a prison within the meaning of the M2Prisons (Scotland) Act 1952 or constituting, or forming part of, a remand centre, . . . F7, Borstal institution or young offenders institution provided by the Secretary of State under section 31 of that Act;

[F8(c)any premises constituting, or forming part of, a special hospital within the meaning of the M3Mental Health Act 1959 or a State hospital within the meaning of the [F9M4Mental Health (Scotland) Act 1984];]

(d)any premises occupied solely for purposes of the armed forces of the Crown.

(3)Any provision of this Act which, by virtue of subsection (1) above, applies to premises occupied or owned by the Crown shall, in its application to any such premises, have effect with the substitution, for any reference to the fire authority, of a reference to a fire inspector or any person authorised by the Secretary of State to act for the purposes of this section.

(4)As regards any premises falling within subsection (1)(a) above, any power exercisable by virtue of subsection (3) above by a fire inspector shall be exercisable also by an officer of the fire brigade maintained by the fire authority if and so far as he is authorised in writing by such an inspector to exercise that power; but a fire inspector shall not authorise an officer of a fire brigade under this subsection except with the consent of the fire authority who maintain that brigade.

(5)If a person with intent to deceive pretends to be a person by whom any powers exercisable by a fire inspector by virtue of subsection (3) above are exercisable by virtue of subsection (4) above, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F10level 3 on the standard scale].

(6)In relation to any premises falling within subsection (1)(b) above section 20(1) of this Act shall have effect as if for the reference to an officer of the fire brigade maintained by the fire authority there were substituted a reference to any person.

[F11(7)Section 341 of the M5Public Health Act 1936 (power to apply provisions of that Act to Crown Property) shall have effect as if sections 11 and 15 of this Act were contained in that Act.]

(8)To such extent, if any, as they so provide, regulations under section 35 of this Act shall bind the Crown.

(9)Nothing in this Act shall be taken to authorise the entry of premises occupied by the Crown.

[F8(10)This Act shall apply to premises in Scotland occupied by a [F12Health Board] as if they were premises occupied by the Crown.]

F13(10A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(10B)This Act shall apply to premises occupied by the National Radiological Protection Board as if they were premises occupied by the Crown.]

(11)Any premises used for the purposes of a visiting force or of a headquarters or defence organisation designated for the purposes of the M6International Headquarters and Defence Organisations Act 1964 shall be exempt from the operation of this Act to the extent to which the premises would be exempt therefrom if the premises were occupied by the Crown solely for purposes of the armed forces of the Crown.

In this subsection “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the M7Visiting Forces Act 1952.