Regulation 5 Notices by local authority

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 5(6)(c) word deleted by Fire and Rescue Services Act 2004 (Consequential Amendments) 2004 art. 13(2)(a)
reg. 5(6)(ca) inserted by Fire and Rescue Services Act 2004 (Consequential Amendments) 2004 art. 13(2)(b)
reg. 5(6)(d) words substituted by Fire and Rescue Services Act 2004 (Consequential Amendments) 2004 art. 13(2)(c)
reg. 5(6)(c) word deleted by Fire and Rescue Services Act 2004 (Consequential Amendments) 2005 art. 14(2)(a)
reg. 5(6)(ca) inserted by Fire and Rescue Services Act 2004 (Consequential Amendments) 2005 art. 14(2)(b)
reg. 5(6)(d) words deleted by Fire and Rescue Services Act 2004 (Consequential Amendments) 2005 art. 14(2)(c)

(1)

As soon as practicable after a local authority have decided—

(a)

to issue a safety certificate (including an issue by way of replacement of a safety certificate); or

(b)

to amend a safety certificate; or

(c)

to refuse to amend or replace a safety certificate,

they shall serve on every interested party notice in writing of their decision setting out the information referred to in paragraph (4) below, together, in the case of a refusal, with their reasons for it.

(2)

Where on an application for a special safety certificate a local authority have determined to refuse that application on grounds other than the one referred to in section 5(1) of the 1975 Act, they shall as soon as practicable after that refusal serve on the applicant notice in writing of their decision, together with their reasons for it.

(3)

Where on an application for the transfer of a safety certificate a local authority—

(a)

determine that the person to whom it is proposed to transfer the certificate is not a qualified person, they shall, in addition to the notice referred to in section 5(1) of the 1975 Act, serve on the holder of the certificate a copy of that notice;

(b)

determine that the person to whom it is proposed to transfer the certificate is a qualified person but decide not to transfer the certificate, they shall serve on that person and the holder of the certificate notice in writing of their decision together with their reasons for it.

(4)

A notice served under paragraph (1) above shall state that a copy of the safety certificate and a copy of any application in respect of which the local authority’s decision was taken is available for inspection at a place and at the times specified in the notice.

(5)

A soon as may be after the decision referred to in paragraph (1) above, the local authority shall cause to be published in a newspaper circulating in the locality of the sports ground to which the safety certificate relates a notice setting out that decision and the information referred to in paragraph (4) above.

(6)

In this regulation “interested party” means—

(a)

the holder of a safety certificate whose application to have it amended or replaced has been refused;

(b)

any other person known to the local authority to be or likely to be concerned in ensuring compliance with the terms and conditions of the safety certificate;

(c)

the chief officer of police; and

(d)

where the local authority is in Greater London or a metropolitan county, the fire authority or, in any other case, the building authority.