Section 94 Enforcement functions of fire safety authorities and building safety authoritiesI1

England and Wales Not yet in force

(1)

It is a function of the fire safety authority for a regulated building to enforce, in relation to the building—

(a)

a requirement imposed on an accountable person (or a person treated as an accountable person by virtue of section 36) by—

(i)

sections 29 to 33 or regulations made under them (assessment and management of fire safety risks);

(ii)

sections 48 to 50 or regulations made under them (keeping and giving information);

(iii)

section 68 (co-operation and co-ordination);

(b)

a requirement imposed on a person by—

(i)

section 47 (giving information and documents);

(ii)

section 54 (fire safety duties of residents etc.)‍;

(c)

a requirement imposed on a person by section 56 (repair of fire resistance of residential units)‍;

(d)

a requirement imposed on a responsible person by article 22C, 22D or 22E of the Fire Safety Order (co-operation and information) (including where such a requirement is imposed by virtue of article 5(3) of that Order).

(2)

It is a function of the building safety authority for a regulated building to enforce, in relation to the building—

(a)

a requirement imposed on an accountable person (or a person treated as an accountable person by virtue of section 36) by this Act or regulations made under it, except a requirement imposed by sections 29 to 33 or regulations made under them;

(b)

a requirement imposed on a person by—

(i)

section 47 (giving information and documents);

(ii)

section 55 (structural safety duties of residents etc.);

(c)

a requirement imposed on a responsible person by article 22C, 22D or 22E of the Fire Safety Order (including where such a requirement is imposed by virtue of article 5(3) of that Order).

(3)

It is a function of the fire safety authority for a relevant HMO to enforce, in relation to the relevant HMO—

(a)

a requirement imposed on a duty holder by—

(i)

sections 81 to 85 or regulations made under them (assessment and management of fire safety risks);

(ii)

section 91 (co-operation and co-ordination);

(b)

a requirement imposed on a person by—

(i)

section 86(giving information and documents);

(ii)

section 88 (fire safety duties of occupiers);

(c)

a requirement imposed on a responsible person by article 22C, 22D or 22E of the Fire Safety Order (including where such a requirement is imposed by virtue of article 5(3) of that Order).

(4)

In this Act, “enforcing authority” means a building safety authority or a fire safety authority.

Annotations

Commencement

I1: S. 94 not in force at Royal Assent, see s. 138(2)