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Sections 17, 18, 30, 31 and 36 of this Act shall not apply to any premises occupied by the United Kingdom Atomic Energy Authority, and in the application of other provisions of this Act to any such premises—
(a)for any reference to the fire authority there shall be substituted a reference to a fire inspector or any person authorised by the Secretary of State to act for the purposes of this section; and
(b)for the reference in section 20(1) to an officer of the fire brigade maintained by the fire authority there shall be substituted a reference to any person.
F1S. 42 repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 42(1), Sch. 6 Pt. I
(1)In this Act—
“building” includes a temporary or movable building and also includes any permanent structure and any temporary structure other than a movable one;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
“contravention” includes failure to comply, and “contravene” has a corresponding meaning;
“the court”, except in section 28 of this Act . . . F2, means, in relation to premises in England or Wales, a magistrates’ court acting for the petty sessions area in which they are situated and, in relation to premises in Scotland, the sheriff within whose jurisdiction they are situated;
“designated use” has the meaning assigned by section 1(1) of this Act;
[F3“escape” has the meaning assigned to it by section 5(5) of this Act and “means of escape” is to be construed in accordance with that subsection;]
“fire authority”, in relation to any premises or proposed premises, means the authority discharging in the area in which the premises are or are to be situated the functions of fire authority under the M1Fire Services Act 1947;
“fire certificate” has the meaning assigned by section 1(1) of this Act;
“fire inspector” means an inspector or assistant inspector appointed under section 24 of the M2Fire Services Act 1947;
“furniture” includes furnishings (including wall-coverings and ceiling-coverings of all sorts, as well as floor-coverings);
“local authority” means—
(a) as respects England F4. . ., the council of a . . . F5 London borough or . . . F5 district, the Common Council of the City of London or the Council of the Isles of Scilly;
[F6(aa)as respects Wales, the council of a county or county borough;]
(b) as respects Scotland, [F7except in section 17, the [F8council for a local government area]];
“notice” means a notice in writing;
“the notified person” and “the specified position” have the meanings assigned by section 3(8) of this Act;
“owner”—
(a) as respects England and Wales, 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 the rackrent if the premises were let at a rackrent; and
(b) as respects Scotland, means the person for the time being entitled to receive or who would, if the same were let, be entitled to receive, the rents of the premises in connection with which the word is used and includes a trustee, factor, tutor or curator, and in the case of public or municipal property, applies to the persons to whom the management thereof is entrusted;
“premises” means building or part of a building;
“prescribed” means prescribed by regulations made under this Act by the Secretary of State;
[F9“prohibition notice” has the meaning assigned by section 10(2) of this Act;]
“the relevant building”, in relation to—
(a) any premises in relation to which a notice under section 3 of this Act is in force; or
(b) any premises which are the subject of an application for a fire certificate; or
(c) any premises with respect to which a fire certificate is in force,
means the building constituting or comprising the premises in question.
[F10“work” has the same meaning as it has for the purposes of Part I of the M3Health and Safety at Work etc. Act 1974].
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
(3)Except in so far as the context otherwise requires, any reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment, including this Act.
F1Definition of “building regulations” repealed by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 10
F2Words repealed by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 16(3)(b), 49, Sch. 4
F3Definition inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), s. 4(3)
F4words in s. 43(1) in para. (a) of the definition of “local authority” repealed (1.4.1996) by 1994 c. 19, ss. 22(3), 66(8), Sch. 9 para. 8, Sch.18 (with ss. 54(5)(7), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch.2
F5Words repealed by S.I. 1974/595, Sch. 1
F6In s. 43(1) in the definition of “local authority” para. (aa) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para.8 (with ss. 54(5)(7), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch.2
F7Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 200
F8Words in s. 43(1) in para. (b) of the definition of “local authority” substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para.87; S.I. 1996/323, art.4(1)(c)
F9Definition inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), s. 9(3)
F10Definition added by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(9)
F11S. 43(2) repealed by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 12(2), 49, Sch. 4
C1S. 43 applied (with modifications) (1.12.1997) by S.I. 1997/1840, reg. 17(1)(2)(3)(d)
M11947 c. 41.
M21947 c. 41.
M31974 c. 37.
(1)This Act may be cited as the Fire Precautions Act 1971.
(2)This Act, . . . F1 does not extend to Northern Ireland.
(3)This Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different dates may be appointed under this subsection for different purposes.
Fire Precautions Act 1971