Housing and Building Control Act 1984

Section 59(3).

SCHEDULE 10Section 64(4) of the 1936 Act and Section 6 of the 1961 Act, as Amended

[1936 c. 49.] Public Health Act 1936

64(4)For the purposes of this Part of this Act, the expression “the prescribed period”, in relation to the passing or rejection of plans, means five weeks or such extended period (expiring not later than two months from the deposit of the plans) as may before the expiration of the five weeks be agreed in writing between the person depositing the plans and the local authority.

[1961 c. 64.] Public Health Act 1961

6(1)Subject to the provisions of this section, if the Minister, on an application made in accordance with the provisions of this Act, considers that the operation of any requirement in building regulations would be unreasonable in relation to the particular case to which the application relates, he may, after consultation with the local authority, give a direction dispensing with or relaxing that requirement.

(2)If building regulations so provide as regards any requirement contained in the regulations, the power to dispense with or relax that requirement under subsection (1) of this section shall be exercisable by the local authority (instead of by the Minister after consultation with the local authority):

Provided that any building regulations made by virtue of this subsection may except applications of any description.

(2A)If—

(a)building regulations so provide as regards any requirement contained in the regulations, and

(b)a public body considers that the operation of any such requirement would be unreasonable in relation to any particular work carried out or proposed to be carried out by or on behalf of the public body,

the public body may give a direction dispensing with or relaxing that requirement.

(2B)In subsection (2A) above “public body” means—

(a)a local authority;

(b)a county council;

(c)any other body which is prescribed for the purposes of section 52 of the Housing and Building Control Act 1984.

(3)Building regulations may provide as regards any requirement contained in the regulations that the foregoing subsections of this section shall not apply.

(4)An application under this section shall be in such form and shall contain such particulars as may be prescribed.

(5)The application shall be made to the local authority and, except where the power of giving the direction is exercisable by the local authority, the local authority shall at once transmit the application to the Minister and give notice to the applicant that it has been so transmitted.

(6)An application by a local authority in connection with a building or proposed building in the area of that authority shall be made to the Secretary of State except where the power of giving the direction is exercisable by that authority.

(7)The provisions of Part I of the First Schedule to this Act shall have effect as regards any application made under this section for a direction which will affect the application of building regulations to work which has been carried out before the making of the application.