Regulation 17 Application of the 1971 Act

(1)

Subject to paragraph (3), the sections of the 1971 Act^f1 listed in paragraph (2) shall have effect in relation to these Regulations as if—

(a)

the requirements of the workplace fire precautions legislation were requirements of regulations made under section 12 of that Act; and

(b)

any reference (however expressed) in those sections to—

(i)

“premises” included a reference to a workplace, other than an excepted workplace;

(ii)

premises to which regulations made under section 12 of that Act apply included a reference to a workplace in connection with which obligations are imposed by the workplace fire precautions legislation;

(iii)

an “owner” or “occupier” of premises included a reference to an employer or other person on whom obligations are imposed under the workplace fire precautions legislation in respect of a workplace; and

(iv)

the 1971 Act included a reference to the workplace fire precautions legislation.

(2)

The sections of the 1971 Act referred to in paragraph (1) are—

16	(duty of local authority to consult fire authority in certain cases before passing plans);
19	(powers of inspectors);
20	(exercise on behalf of fire inspectors of their powers by officers of fire brigades);
21	(restrictions on disclosure of information);
22(1)	(falsification of documents, false statements etc.);
23	(offences by bodies corporate);
25	(defence available to persons charged with offences);
26	(appeals to magistrates' courts);
27	(appeal from order made on complaint);
27A	(civil and other liability);
30	(provisions as to sections 59 and 60 of Public Health Act 1936 and certain similar enactments);
32	(provision for securing exercise of local Act powers in conformity with the 1971 Act);
38	(service of documents); and
43	(interpretation).

(3)

The following sections of the 1971 Act referred to in paragraph (2) shall have effect for the purposes of these Regulations with the following modifications—

(a)

section 16 shall have effect as if the references therein to “a designated use” included a reference to use as a workplace to which Part II of these Regulations applies;

(b)

section 22(1) shall have effect as if paragraphs (a) and (b) were omitted;

(c)

section 25 shall only have effect in connection with sections 21 and 22(1) of the 1971 Act as applied by this regulation; and

(d)

section 43 shall have effect only for the purposes of the provisions of the 1971 Act applied by this regulation.

(4)

A fire certificate deemed to have been issued under the 1971 Act by virtue of paragraph 2 of Schedule 8 to the 1974 Act shall not have effect to the extent that it would require a person to contravene any provision of the workplace fire precautions legislation; and the fire authority may amend the certificate to the extent necessary to prevent the certificate requiring such contravention.

(5)

Where an amendment under paragraph (4) is made on the application of any person affected by the certificate and is confined to requirements of the kind referred to in section 6(1) of the 1971 Act, the applicant shall pay to the authority such fee as the authority may determine, not exceeding an amount which represents the cost to the authority of the work reasonably done by them for the purposes of the amendment of the certificate (other than the cost of any inspection of the premises).

Annotations

Footnotes

f1: As amended in relevant respects by the Fire Safety and Safety of Places of Sport Act 1987 (in the case of sections 21, 22 and 27A); the Criminal Justice Act 1982 (c. 48) (in the case of section 21); the Magistrates' Courts Act 1980 (c. 43) (in the case of section 26); and the Building Act 1984 (c. 55) (in the case of section 30).