SCHEDULES

Section 1(3).

SCHEDULE 1Building Regulations

1Building regulations may—

(a)provide for particular requirements of the regulations to be deemed to be complied with where prescribed methods of construction, prescribed types of materials or other prescribed means are used in or in connection with buildings,

(b)be framed to any extent by reference to a document published by or on behalf of the Secretary of State or another person or a body, or by reference to the approval or satisfaction of a prescribed person or body.

2Building regulations may include provision as to—

(a)the giving of notices,

(b)the deposit of plans of proposed work or work already executed (including provision as to the number of copies to be deposited),

(c)the retention by local authorities of copies of plans deposited with them in accordance with the regulations,

(d)the inspection and testing of work,

(e)the taking of samples.

3Building regulations may provide for requiring local authorities and approved inspectors in prescribed circumstances to consult a prescribed person before taking a prescribed step in connection with any work or other matter to which building regulations are applicable.

4Building regulations may—

(a)authorise local authorities to accept, as evidence that the requirements of building regulations as to matters of a prescribed description are or would be satisfied, certificates to that effect by persons of a class or description prescribed in relation to those matters or by a person nominated in writing by the Secretary of State in a particular case,

(b)provide for the issue by local authorities of certificates to the effect that, so far as the authority concerned have been able to ascertain after taking all reasonable steps in that behalf, the requirements of building regulations as to matters of a prescribed description are satisfied in a particular case, and for such certificates to be evidence (but not conclusive evidence) of compliance with the regulations,

(c)make provision—

(i)for prohibiting, in prescribed circumstances, the carrying out of proposed work of a prescribed class involving matters of a prescribed description unless there has been deposited with the prescribed authority as regards those matters a certificate such as is mentioned in sub-paragraph (a) above,

(ii)for enabling, in cases where such a certificate is required by virtue of paragraph (i) above, a dispute as to whether a certificate ought to be issued to be referred to the Secretary of State,

(iii)for enabling the Secretary of State, on such a reference, to give such directions as he thinks fit

5(1)Building regulations may authorise local authorities to charge prescribed fees for or in connection with the performance of prescribed functions of theirs relating to building regulations.

(2)The Secretary of State may by order repeal this paragraph.

6Building regulations may make a prescribed person or class of persons responsible (instead of local authorities) for performing prescribed functions of local authorities under or in connection with building regulations, and for that purpose may provide for a prescribed enactment relating to building regulations and a prescribed provision of such regulations to apply (with any prescribed modifications) in relation to a prescribed person or a person of a prescribed class as that enactment or provision applies in relation to a local authority.

7Without prejudice to the generality of section 1(1) of this Act, building regulations may—

(a)for any of the purposes mentioned in section 1 (1) of this Act, make provision with respect to any of the following matters—

(i)preparation of sites,

(ii)suitability, durability and use of materials and components (including surface finishes),

(iii)structural strength and stability, including—

(a)precautions against overloading, impact and explosion,

(b)measures to safeguard adjacent buildings and services,

(c)underpinning,

(iv)fire precautions, including—

(a)structural measures to resist the outbreak and spread of fire and to mitigate its effects,

(b)services, fittings and equipment designed to mitigate the effects of fire or to facilitate fire-fighting,

(c)means of escape in case of fire and means for securing that such means of escape can be safely and effectively used at all material times,

(v)resistance to moisture and decay,

(vi)measures affecting the transmission of heat,

(vii)measures affecting the transmission of sound,

(viii)measures to prevent infestation,

(ix)measures affecting the emission of smoke, gases, fumes, grit or dust or other noxious or offensive substances,

(x)drainage (including waste disposal units),

(xi)cesspools and other means for the reception, treatment or disposal of foul matter,

(xii)storage, treatment and removal of waste,

(xiii)installations utilising solid fuel, oil, gas, electricity or any other fuel or power (including appliances, storage tanks, heat exchangers, ducts, fans and other equipment),

(xiv)water services (including wells and bore-holes for the supply of water) and fittings and fixed equipment associated therewith,

(xv)telecommunications services (including telephones and radio and television wiring installations),

(xvi)lifts, escalators, hoists, conveyors and moving footways,

(xvii)plant providing air under pressure,

(xviii)standards of heating, artificial lighting, mechanical ventilation and air-conditioning and provision of power outlets,

(xix)open space about buildings and the natural lighting and ventilation of buildings,

(xx)accommodation for specific purposes in or in connection with buildings, and the dimensions of rooms and other spaces within buildings,

(xxi)means of access to and egress from buildings and parts of buildings,

(xxii)prevention of danger and obstruction to persons in and about buildings (including passers-by),

(xxiii)matters connected with or ancillary to any of the foregoing matters,

(b)require things to be provided or done in connection with buildings (as well as regulating the provision or doing of things in or in connection with buildings),

(c)prescribe the manner in which work is to be carried out.

8(1)Building regulations may be made with respect to—

(a)alterations and extensions of buildings and of services, fittings and equipment in or in connection with buildings,

(b)new services, fittings or equipment provided in or in connection with buildings,

(c)buildings and services, fittings and equipment in or in connection with buildings, so far as affected by—

(i)alterations or extensions of buildings, or

(ii)new, altered or extended services, fittings or equipment in or in connection with buildings,

(d)the whole of a building, together with any services, fittings or equipment provided in or in connection with it, in respect of which there are or are proposed to be carried out any operations that by virtue of section 123(1) of this Act constitute the construction of a building for the purposes of this paragraph,

(e)buildings or parts of buildings, together with any services, fittings or equipment provided in or in connection with them, in cases where the purposes for which or the manner or circumstances in which a building or part of a building is used change or changes in a way that constitutes a material change of use of the building or part within the meaning of the expression “material change of use ” as defined for the purposes of this paragraph by building regulations.

(2)So far as they relate to matters mentioned in sub-paragraph (1) above, building regulations may be made to apply to or in connection with buildings erected before the date on which the regulations came into force but, except as aforesaid (and subject to section 2(2) of this Act), shall not apply to buildings erected before that date.

9Building regulations may authorise local authorities, subject to and in accordance with the regulations, to fix by means of schemes and to recover such charges for or in connection with the performance of functions of theirs relating to building regulations as they may determine in accordance with principles prescribed by the regulations.

10Building regulations may—

(a)provide for a provision thereof to apply generally, or in a particular area,

(b)make different provision for different areas and generally different provision for different circumstances or cases,

(c)include such supplemental and incidental provisions as appear to the Secretary of State expedient.

11(1)Building regulations may repeal or modify—

(a)any of the following provisions of this Act: sections 15, 18 19, 21 to 29, 41, 59 to 87, 91 to 119, 123(2) and 126 (except as to the definitions of “contravention ”, “local authority ” paragraph (a), “modifications ”, “plans ”, “prescribed ” and substantive requirements"), and paragraphs 1 and 5 to 14 of Schedule 3, or

(b)any provision of an Act passed before the 20th September 1974,

if it appears to the Secretary of State that it is inconsistent with, or is unnecessary or requires alteration in consequence of, any provision contained in or made under any enactment relating to building regulations.

(2)Building regulations may—

(a)repeal or alter section 12(1) of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976 (byelaws as to supply of heat) or any provision of byelaws in force by virtue of it, and

(b)make any modification of section 12(2) of that Act that the Secretary of State considers is appropriate in consequence of the repeal or alteration.

Section 9(4).

SCHEDULE 2Relaxation of Building Regulations for Existing Work

Application of Schedule

1This Schedule applies to a direction under section 8 of this Act that will affect the application of building regulations to work that has been carried out before the giving of the direction.

Cases where no direction may be given

2Neither the Secretary of State nor a local authority shall give a direction to which this Schedule applies—

(a)if the local authority have, before the making of the application for the direction, become entitled under section 36(3) of this Act to pull down, remove or alter the work to which the application relates, or

(b)if, when the application is made, there is in force an injunction or other direction given by a court that requires the work to be pulled down, removed or altered.

Suspension of certain provisions while application pending

3(1)Subject to the following provisions of this Schedule, after the making of an application for a direction to which this Schedule applies, and until the application is withdrawn or finally disposed of, no section 36 notice shall be given as regards the work to which the application relates on the ground that it contravenes the requirement to which the application relates.

(2)If an application for a direction to which this Schedule applies is made less than 12 months after the completion of the work to which the application relates, section 36(4) of this Act does not prevent the giving of a notice as regards that work at any time within a period of 3 months from the date on which the application is withdrawn or finally disposed of.

(3)If an application for a direction to which this Schedule applies is made after a section 36 notice has been given on the ground that the work to which the application relates contravenes the requirement to which the application relates (not being an application prohibited by paragraph 2 of this Schedule), section 36(3) of this Act has effect in relation to that work as if for the reference to the period there mentioned there were substituted a reference to a period expiring 28 days after the application is withdrawn or finally disposed of, or such longer period as a magistrates' court may allow.

(4)Subject to the following provisions of this Schedule, if an application for a direction to which this Schedule applies is made after any person has, in consequence of the carrying out of the work to which the application relates in contravention of building regulations, become liable to a penalty continuing from day to day, the daily penalty is not recoverable in respect of any day after the making of the application and before it is withdrawn or finally disposed of.

(5)In a case where an application is withdrawn or is finally disposed of without any direction being given, the Secretary of State or, as the case may be, the local authority may order that the daily penalty is not recoverable in respect of any day during such further period not exceeding 28 days as may be specified in the order.

4Paragraph 3(1), (3) and (4) above do not apply to an application that is a repetition, or substantially a repetition, of a previous application under section 8 of this Act.

Saving for criminal liability incurred before making of application

5The giving of a direction to which this Schedule applies does not affect the liability of a person for an offence committed before the giving of the direction, except so far as that liability depends on the continuation of the offence after the giving of the direction.

Termination of proceedings under section 36 on giving of direction

6If, before the giving of a direction to which this Schedule applies, a section 36 notice has been given, and the contravention of building regulations by virtue of which the notice was given comes to an end when the direction is given, the local authority is not, after the giving of the direction, entitled to proceed under section 36(3) of this Act by virtue of that notice.

Sections 46, 88 and 91(2).

SCHEDULE 3Inner London

PART IApplication of Part I of this Act

1Sections 4, 8 to 10, 16, 18, 21 to 23, 24(1), (2) and (4), 25 to 29. 32,36, 37, 39 and 40 of this Act do not apply to inner London.

2(1)Where, by section 91(2) above or by building regulations made under paragraph 6 of Schedule 1 to this Act or paragraph 14(1) of this Schedule, local authorities, or a prescribed person or class of persons other than local authorities, are made responsible for—

(a)enforcing, or

(b)performing prescribed functions under or in connection with,

building regulations in force in inner London, then, without prejudice to the said paragraphs 6 and 14(1), building regulations may in that connection provide for any relevant provision to apply (with any prescribed modifications, and notwithstanding paragraph 1 above) in relation to any such authority, person or class of persons as that provision applies in relation to a local authority outside inner London.

(2)In sub-paragraph (1) above, “relevant provision” means any of the following provisions of this Act that may be prescribed for the purposes of sub-paragraph (1) above: sections 4, 8 to 10, 16, 18(1), (4) and (5), 21 to 23,24(1), (2) and (4), 26 to 29, 32, 36, 37, 39 and 40.

3Without prejudice to the generality of paragraph 11(1) of Schedule 1 to this Act, building regulations may repeal or modify—

(a)any provision of the London Building Acts 1930 to 1939,

(b)any provision of an Act passed before the 20th September 1974, in so far as that provision—

(i)applies to or to any part of inner London, and

(ii)relates to, or to the making of, byelaws for or for any part of inner London with respect to any matter for or in connection with which provision can be made by building regulations, or

(c)any provision of byelaws made or having effect under the said Acts or of any such byelaws as are mentioned in sub-paragraph (b)(ii) above,

if it appears to the Secretary of State that the repeal or, as the case may be, the modification of that provision is expedient—

(i)in consequence of the application of any of sections 61, 62 and 67 of the [1936 c. 49.] Public Health Act 1936, sections 4(2), (5), (6) and (7), 5 and 9 of the [1961 c. 64.] Public Health Act 1961 and sections 61 to 74 and 76 of the [1974 c. 37.] Health and Safety at Work etc. Act 1974 to inner London by virtue of section 70(1) of the said Act of 1974 (which section is repealed by and incorporated in this Act),

(ii)in consequence of paragraph 2 or 14 of this Schedule, or

(iii)in connection with any provision contained in building regulations that apply to or to any part of inner London.

4Before making any building regulations that provide for the repeal or modification of any such provision the Secretary of State shall (without prejudice to the requirements as to consultation in section 14(3) of this Act) consult the Greater London Council and any other local authority who appear to him to be concerned.

PART IIApplication of Part III of this Act

5Sections 71 to 75, 77 to 83, 85 and 90 of this Act do not apply to inner London.

6Sections 59 to 61 of this Act do not apply to the Inner Temple or the Middle Temple.

PART IIIBuilding and Drainage of Buildings

7(1)It is not lawful in an inner London borough—

(a)to erect a house or other building, or

(b)to rebuild a house or other building that has been pulled down to, or to a level below, the floor commonly called the ground floor,

unless—

(i)there are provided to the satisfaction of the borough council drains conforming with the requirements of this paragraph, and

(ii)all such drains and all works and apparatus in connection with them are constructed to the satisfaction of the council and, in particular, are constructed of such materials and size, at such level and with such fall as are approved by the council, and are provided with a water supply.

(2)In an inner London borough it is not lawful to occupy a house or other building that has been erected or rebuilt in contravention of sub-paragraph (1) above or of paragraph 13(1) of Part III of Schedule 9 to the [1963 c. 33.] London Government Act 1963.

(3)In order to conform with the requirements of this paragraph, a drain must provide for the drainage of the house or building in connection with which it is required—

(a)into such sewer, situated or intended to be constructed near the house, building or site, as the borough council may direct, or

(b)if no sewer is or will be available for the drainage of the house or building, into such covered cesspool or other place, not being under any house or other building, as the council may direct,

and the drains must secure efficient drainage by gravitation at all times and under all conditions of all parts of the house or building, including any areas, water-closets, privies and offices belonging to the house or building.

(4)In rebuilding in an inner London borough a house or building that has been pulled down to, or to a level below, the floor commonly called the ground floor—

(a)the level of the lowest floor of the house or building shall, subject to sub-paragraph (5) below, be raised so far as may be necessary to allow of the construction of such works as are required by this paragraph, and

(b)for that purpose levels shall be taken and determined under the direction of the borough council.

(5)Notwithstanding anything in the foregoing provisions of this paragraph, where it is proposed to erect or rebuild in an inner London borough a house or building at such a level as will not allow of the drainage of all parts of the house or building by gravitation as aforesaid, the borough council may, as respects any part of the house or building that cannot be so drained, either—

(a)allow that part to be constructed so as not to require drainage from it, or

(b)allow that part to be drained by means of such pumping or lifting apparatus as may be provided to the satisfaction of the council,

and any pumping or lifting apparatus provided under this sub-paragraph is deemed to be a drain.

(6)Where separate sewers for the reception of surface water and sewage respectively have been, or are intended to be, provided in a street, the borough council may, in the discharge of their functions under this paragraph in relation to a house or other building that is to be drained into the sewers in that street, require that the house or building be provided with separate drains for discharging surface water and sewage respectively into the appropriate sewers.

(7)A person aggrieved by a direction, requirement or other decision of a borough council under this paragraph may appeal to a magistrates' court.

8(1)Where in an inner London borough—

(a)a house or other building, whenever erected, is not drained, to the satisfaction of the borough council, by means of a sufficient drain communicating with, and emptying itself into, a sewer, and

(b)a sewer is or will be available for the drainage of the house or building,

the council may, by notice served on the owner of the house or building, impose such requirements as are mentioned in sub-paragraph (2) below.

(2)The requirements that may be imposed by notice under sub-paragraph (1) above are requirements—

(a)to construct a covered drain from the house or building into the said sewer and such connections to the drain as are adequate for the purposes of draining the house or building, including any areas, water-closets, privies and offices belonging to the house or building, and of conveying the sewage from it into the sewer,

(b)to construct the drain and the connections of such materials and size, at such level and with such fall as are adequate for the said purposes,

(c)to provide proper paved or impermeable sloping surfaces for carrying surface water into the drain or any connections to it,

(d)to provide proper sinks, and proper inlets and outlets, syphoned or otherwise trapped, for preventing the emission of effluvia from the drain or any connection to it,

(e)to provide a proper water supply and water-supplying pipes, cisterns and apparatus for scouring the drain and any connections to it, and for causing the drain and any connections to it to convey away the soil,

(f)to provide proper sand traps, expanding inlets and other apparatus for preventing the entry of improper substances into the drain or any connections to it, and

(g)to provide all such other proper works and arrangements as appear to the council or their officers necessary to secure the safe and proper working of the drain and to prevent it from obstructing or otherwise injuring, or impeding the action of, the sewer into which it leads.

(3)Where—

(a)a house or other building in an inner London borough, whenever erected, is without sufficient drainage, and

(b)there is no proper sewer within 200 feet of any part of the house or building,

the borough council may, with a view to making temporary provision for the drainage of the house or building and for the abatement of any nuisance existing in it or caused by it, serve on the owner of the house or building a written notice requiring him—

(i)to construct, elsewhere than under a house and not nearer to any house than the council may direct, a covered watertight cesspool or tank or other suitable receptacle, and

(ii)to construct and lay a covered drain leading from the first mentioned house or building into that cesspool, tank or other receptacle.

(4)Where a borough council have required any works to be executed under the foregoing provisions of this paragraph, the council may, from time to time during the execution of the works, cause them to be inspected, and may by further notice served on the owner of the house or building require such reasonable alterations of them, additions to them or abandonment of parts of them as the council or their officers, with the fuller knowledge afforded by the opening of the ground, consider necessary to secure that the works will be thoroughly effective for their purpose.

(5)Where—

(a)it appears to the council of an inner London borough that a group or block of contiguous houses, or of adjacent detached or semi-detached houses, can more economically or advantageously be drained and improved in combination than separately, and

(b)a sewer of sufficient size is situated, or is about to be constructed, within 100 feet of a part of the group or block,

the council may by order (which they may by order vary or revoke) require that the group or block be drained by a combined operation complying with such of the requirements mentioned in sub-paragraph (2) above as may be specified in the order.

(6)In sub-paragraph (5) above, “house ” includes a school and also a factory or other building in which persons are employed and, in relation to a house as so defined, includes its curtilage.

(7)Any person aggrieved by an order made by a borough council under sub-paragraph (5) above may appeal to a magistrates' court.

(8)Sub-paragraphs (5) to (7) above apply to the City of London as if references in them to an inner London borough and its council were references to the City of London and its Common Council.

(9)Sections 99 and 102 of this Act apply in relation to a notice given under sub-paragraph (1) or (3) above.

9(1)No person shall—

(a)begin to lay or to dig out the foundations of a house or building in an inner London borough, or to rebuild a house or building in an inner London borough, or

(b)begin to make a drain for the purpose of draining directly or indirectly into a sewer under the control of the council of an inner London borough,

unless, at least seven days previously, he has given to the borough council notice of his intention to do so, and if a person begins to lay or dig out the foundations of such a house or building, or to make a drain for the purpose aforesaid, in contravention of this paragraph, he is liable to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding two pounds for every day thereafter until the notice is given.

(2)If a house or building, or a drain for draining directly or indirectly into a sewer under the control of the council of a London borough, or any connections to such a drain, or any works, apparatus or water supply in connection with such a drain, is or are begun, erected, made or provided in an inner London borough in contravention of this Part of this Schedule, the borough council at their option may either—

(a)serve upon the owner of the house or building or of the drain, as the case may be, a notice requiring him to cause the house or building to be demolished or altered, or to cause the drain or the connections or other works and apparatus in connection with it or the water supply to be relaid, remade, altered or added to, as the case may require, or

(b)recover from the person in default, as a debt due from him to the council, a penalty not exceeding five pounds, and a further penalty not exceeding two pounds for every day on which the contravention continues.

(3)Sections 99 and 102 of this Act apply in relation to a notice given under sub-paragraph (2) above.

PART IVByelaws

10(1)The Greater London Council may make byelaws in relation to the demolition of buildings in the inner London boroughs—

(a)requiring the fixing of fans at the level of each floor of a building undergoing demolition,

(b)requiring the hoarding up of windows in a building from which sashes and glass have been removed,

(c)regulating the demolition of internal parts of buildings before any external walls are taken down,

(d)requiring the placing of screens or mats, the use of water or the taking of other precautions to prevent nuisances arising from dust,

(e)regulating the hours during which ceilings may be broken down and mortar may be shot, or be allowed to fall, into any lower floor,

(f)requiring any person proposing to demolish a building to give to the borough council such notice of his intention to do so as may be specified in the byelaws.

(2)Byelaws under this paragraph may make different provision for different cases, and in particular may provide that, in their application to an area specified in the byelaws, the byelaws shall have effect subject to such modifications or exceptions as may be so specified.

(3)No byelaws under this paragraph shall apply to a building (not being a dwelling-house) belonging to a board carrying on a railway undertaking and used by that board as a part of, or in connection with, that undertaking.

11The Greater London Council shall make byelaws with respect to sanitary conveniences, ashpits, cesspools and receptacles for dung and their accessories, in connection with buildings in the inner London boroughs, the Inner Temple and the Middle Temple, whenever erected.

12It is the duty of each local authority to enforce in their area any byelaws under paragraph 10 or 11 above that are in force in their area.

13Part IV of this Act does not apply in relation to this Part of this Schedule, save that in paragraph 11 above “sanitary conveniences ” and “cesspools” have the meanings given by section 126 above.

PART VEnforcement of Building Regulations

14(1)Building regulations may, to such extent as the Secretary of State thinks fit, make—

(a)local authorities other than the Greater London Council, or

(b)district surveyors,

responsible for the enforcement of building regulations in inner London to the exclusion of the Greater London Council.

(2)Subject to any building regulations made by virtue of sub-paragraph (1) above or paragraph 6 of Schedule 1 to this Act, the functions of enforcing building regulations conferred on local authorities generally by section 91(2) of this Act is not conferred on the council of an inner London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple.

Section 54.

SCHEDULE 4Provisions Consequential Upon Public Body's Notice

Duration of notice

1(1)A public body's notice comes into force when it is accepted by the local authority, either by notice given within the prescribed period to the public body by which it was given or by virtue of section 54(3) of this Act, and, subject to paragraph 3(3) below, continues in force until the occurrence of, or the expiry of a prescribed period of time beginning on the date of such event as may be prescribed.

(2)Building regulations may empower a local authority to extend (whether before or after its expiry) any such period of time as is referred to in sub-paragraph (1) above.

Public body's plans certificates

2(1)Where a public body

(a)is satisfied that plans of the work specified in a public body's notice given by it have been inspected by a servant or agent of the body who is competent to assess the plans,

(b)in the light of that inspection is satisfied that the plans neither are defective nor show that work carried out in accordance with them would contravene any provision of building regulations, and

(c)has complied with any prescribed requirements as to consultation or otherwise,

the body may give to the local authority a certificate in the prescribed form (called a " public body's plans certificate ").

(2)Building regulations may authorise the giving of a public body's notice combined with a public body's plans certificate, and may prescribe a single form for such a combined notice and certificate; and where such a prescribed form is used—

(a)a reference in this Schedule or in any other provision of Part II of this Act to a public body's notice or to a public body's plans certificate includes a reference to that form, but

(b)should the form cease to be in force as a public body's notice by virtue of paragraph 1(1) above, nothing in that paragraph affects the continuing validity of the form as a public body's plans certificate.

(3)A public body's plans certificate—

(a)may relate either to the whole or to part only of the work specified in the public body's notice concerned, and

(b)does not have effect unless it is accepted by the local authority to whom it is given.

(4)A local authority to whom a public body's plans certificate is given;—

(a)may not reject the certificate except on prescribed grounds, and

(b)shall reject the certificate if any of the prescribed grounds exists.

(5)Unless, within the prescribed period, the local authority to whom a public body's plans certificate is given give notice of rejection, specifying the ground or grounds in question, to the public body by which the certificate was given, the authority are conclusively presumed to have accepted the certificate.

(6)If it appears to a local authority by whom a public body's plans certificate has been accepted that the work to which the certificate relates has not been commenced within the period of three years beginning on the date on which the certificate was accepted, the authority may rescind their acceptance of the certificate by notice, specifying the ground or grounds in question, given to the public body.

Public body's final certificates

3(1)Where a public body is satisfied that any work specified in a public body's notice given by it has been completed, the body may give to the local authority such certificate with respect to the completion of the work and compliance with building regulations as may be prescribed (called a " public body's final certificate ").

(2)Sub-paragraphs (3) to (5) of paragraph 2 above have effect in relation to a public body's final certificate as if any reference in those sub-paragraphs to a public body's plans certificate were a reference to a public body's final certificate.

(3)Where a public body's final certificate has been given with respect to any of the work specified in a public body's notice and that certificate has been accepted by the local authority concerned, the public body's notice ceases to apply to that work, but the provisions of section 48(1) of this Act, as applied by section 54(4), continue, by virtue of this sub-paragraph, to apply in relation to that work as if the public body's notice continued in force in relation to it.

Effects of public body's notice ceasing to be in force

4(1)This paragraph applies where a public body's notice ceases to be in force by virtue of paragraph 1 above.

(2)Building regulations may provide that if—

(a)a public body's plans certificate was given before the day on which the public body's notice ceased to be in force, and

(b)that certificate was accepted by the local authority (before, on or after that day), and

(c)before that day, that acceptance was not rescinded by a notice under paragraph 2(6) above,

then, with respect to the work specified in the certificate, such of the functions of a local authority referred to in section 48(1) of this Act as may be prescribed for the purposes of this sub-paragraph either are not exercisable or are exercisable only in prescribed circumstances.

(3)If, before the day on which the public body's notice ceased to be in force, a public body's final certificate was given in respect of part of the work specified in the notice and that certificate was accepted by the local authority (before, on or after that day), the fact that the public body's notice has ceased to be in force does not affect the continuing operation of paragraph 3(3) above in relation to that part of the work.

(4)Notwithstanding anything in sub-paragraphs (2) and (3) above, for the purpose of enabling the local authority to perform the functions referred to in section 48(1) of this Act in relation to any part of the work not specified in a public body's plans certificate or final certificate, as the case may be, building regulations may require the local authority to be provided with plans that relate not only to that part but also to the part to which the certificate in question relates.

(5)In any case where this paragraph applies, the reference in subsection (4) of section 36 of this Act to the date of the completion of the work in question has effect, in relation to a notice under subsection (1) of that section, as if it were a reference to the date on which the public body's notice ceased to be in force.

(6)Subject to any provision of building regulations made by virtue of sub-paragraph (2) above, if, before the public body's notice ceased to be in force, an offence under section 35 of this Act was committed with respect to any of the work specified in that notice, summary proceedings for that offence may be commenced by the local authority at any time within six months beginning with the day on which the functions of the local authority referred to in section 48(1) of this Act became exercisable with respect to the provision of building regulations to which the offence relates.

(7)Any reference in the preceding provisions of this paragraph to section 48(1) of this Act is a reference to that section as applied by section 54(4) of this Act.

Consultation

5Building regulations may make provision for requiring, in such circumstances as may be prescribed, a public body that has given a public body's notice to consult any prescribed person before taking any prescribed step in connection with any work specified in the notice.

Section 132.

SCHEDULE 5Transitional Provisions

Joint application to the Secretary of State for the determination of certain questions relating to building regulations

1After the date on which section 30 of this Act ceases to have effect by virtue of an order made under subsection (4) of that section, that section continues to apply in relation to an application referred to the Secretary of State under that section before that date.

The Clean Air Act 1956 and the Housing Act 1957

2Notwithstanding the repeal by this Act of Schedule 1 to the [1961 c. 64.] Public Health Act 1961, the amendments made by Part III of that Schedule to the [1956 c. 52.] Clean Air Act 1956 and the [1957 c. 56.] Housing Act 1957 continue to have effect.

Repeal and amendment of Acts etc.

3Any power that is exercisable by virtue of—

(a)section 317 of the [1936 c. 49.] Public Health Act 1936,

(b)section 82 of the Public Health Act 1961,

(c)section 82, 83 or 84 of the [1963 c. 33.] London Government Act 1963,

(d)section 252 or 254 of the [1972 c. 70.] Local Government Act 1972, or

(e)section 48 of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982,

in relation to a provision that is repealed and re-enacted by this Act is exercisable in relation to that provision as so re-enacted to the extent to which it would have been exercisable immediately before such repeal.

4(1)Section 64(5) of the Act of 1936, in so far as it relates to the retention of plans or other documents by a local authority, continues to have effect (notwithstanding its repeal by the Act of 1974) as respects documents deposited in duplicate in pursuance of existing regulations until regulations with respect to the retention by local authorities of copies of deposited plans have been made under paragraph 2(c) of Schedule 1 to this Act and apply in relation to the documents so deposited.

(2)In this paragraph—

• “the Act of 1936 ” means the Public Health Act 1936 ;

• “the Act of 1961 ” means the Public Health Act 1961 ;

• “the Act of 1974 ” means the [1974 c. 37.] Health and Safety at Work etc. Act 1974;

• “existing regulations ” means regulations made under section 4 of the Act of 1961 that, on the coming into force of the provisions specified in the Schedule to the [S.I. 1977/294.] Health and Safety at Work etc. Act 1974 (Commencement No. 4) Order 1977, had effect in accordance with section 61(6) of the Act of 1974 whether in the form in which they accordingly had effect or as amended.

5Without prejudice to the power to make building regulations, the repeal of section 70(1) of the [1974 c. 37.] Health and Safety at Work etc. Act 1974, and the re-enactment in this Act of that subsection down to “Wales ”, do not of themselves cause any building regulations to apply to inner London that were prevented by that subsection from so applying.

Section 133(1).

SCHEDULE 6Consequential Amendments

The Restriction of Ribbon Development Act 1935

1In section 17(1) of the [1935 c. 47.] Restriction of Ribbon Development Act 1935, after “byelaw ” there is inserted “or building regulations ” .

The Public Health Act 1936

2In section 6(1) of the [1936 c. 49.] Public Health Act 1936, after the words “except section 46,” (which with other words were inserted by the Public Health (Control of Disease) Act 1984) there is inserted " or of the [1984 c. 22.] Building Act 1984, " .

3In section 269(8)(i) of that Act, for “the building byelaws of the local authority ” there is substituted “building regulations ” .

The Atomic Energy Authority Act 1954

4In section 5(5) of the [1954 c. 32.] Atomic Energy Authority Act 1954, for “Section 71 of the Public Health Act 1936 ” there is substituted “Section 4 of the Building Act 1984 ” .

The Clean Air Act 1956

5In section 10(2) of the [1956 c. 52.] Clean Air Act 1956, for “subsection (2) of section 64 of the Public Health Act 1936 ” there is substituted “section 16(6) of the Building Act 1984 ” .

The Housing Act 1957

6In section 15(1)(b) of the [1957 c. 56.] Housing Act 1957, after “1936,” there is inserted “or the Building Act 1984, ” .

The Radioactive Substances Act 1960

7At the end of Part I of Schedule 1 to the [1960 c. 34.] Radioactive Substances Act 1960, there is inserted—

“8DSection 59 of the Building Act 1984.”.

The Public Health Act 1961

8In section 17(15) of the [1961 c. 64.] Public Health Act 1961 (as substituted by section 27(1) of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982), for “section 39 of the Public Health Act 1936 ” there is substituted “section 59 of the Building Act 1984 ” .

The London Government Act 1963

9In paragraph 19 of Part I of Schedule 11 to the [1963 c. 33.] London Government Act 1963, for “Sections 87 and 88, in their ” there is substituted “Section 87, in its ” .

10In paragraph 9(5) of Part II of Schedule 11 to that Act, for “section 27 of the Public Health Act 1961 ” there is substituted “section 79 of the Building Act 1984” .

The Offices, Shops and Railway Premises Act 1963

11In section 9(6) of the [1963 c. 41.] Offices, Shops and Railway Premises Act 1963, for “sections 44 to 46 ” there is substituted “section 45 ” .

The Faculty Jurisdiction Measure 1964

12In section 2(4) of the [1964 c. 5.] Faculty Jurisdiction Measure 1964—

(a)in paragraph (i), for “section 58 of the Public Health Act 1936 ” there is substituted “section 77 of the Building Act 1984 ” ;

(b)in paragraph (iii), for “section 25 of the Public Health Act 1961 ” there is substituted “section 78 of the Building Act 1984 ”;

(c)in paragraph (iv), for “section 27 of the Public Health Act 1961 ” there is substituted “section 79 of the Building Act 1984 ” .

The Fire Precautions Act 1971

13For section 30(3)(a) and (b) of the [1971 c. 40.] Fire Precautions Act 1971 there is substituted—

“(a)section 71(1) to (4) of the Building Act 1984 ;

(b)section 72 (except subsection (5)) of that Act;”.

The Local Government Act 1972

14In section 181(2)(a) of the [1972 c. 70.] Local Government Act 1972, for “sections 14 to 42 ” there is substituted “sections 15, 17 to 24, 27, 29 to 34, 36 and 42 ” .

The Safety of Sports Grounds Act 1975

15In section 9(1)(c) of the [1975 c. 52.] Safety of Sports Grounds Act 1975, for “section 59 of the Public Health Act 1936” there is substituted “sections 24 and 71 of the Building Act 1984 ” .

The Local Land Charges Act 1975

16In section 1(1)(a) of the [1975 c. 76.] Local Land Charges Act 1975, after the words “by that Act)” (which with other words were inserted by the [1980 c. 66.] Highways Act 1980) there is inserted “or the Building Act 1984” .

The Local Government (Miscellaneous Provisions) Act 1976

17In section 12(3) of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976, for the words from “Building regulations” to " alteration; and“there is substituted ” Subsections (1) and (2) above have effect subject to paragraph 11(2) of Schedule 1 to the Building Act 1984 ; and " .

The Development of Rural Wales Act 1976

18In paragraph 51(3) of Schedule 3 to the [1976 c. 75.] Development of Rural Wales Act 1976—

(a)after “Public Health Act 1961” there is inserted “or of the Building Act 1984 ” , and

(b)after “and 1961” there is inserted “and 1984 ” .

The Interpretation Act 1978

19In Schedule 1 to the [1978 c. 30.] Interpretation Act 1978, in the definition of “Building regulations ”, for the words from “means ” to the end there is substituted “has the meaning given by section 122 of the Building Act 1984 ” .

The Highways Act 1980

20In section 168(1)(b) of the [1980 c. 66.] Highways Act 1980, for “section 25 of the Public Health Act 1961 ” there is substituted “section 78 of the Building Act 1984 ” .

21In section 223(1)(a) of that Act, for “section 66 of the Public Health Act 1936 ” there is substituted “section 32 of the Building Act 1984 ” .

New Towns Act 1981

22In section 34(3) of the [1981 c. 64.] New Towns Act 1981—

(a)after “Public Health Act 1961” there is inserted “or of the Building Act 1984 ” ;

(b)in paragraph (a), after “Acts” there is inserted “for the purposes of those provisions ” ;

(c)for “and 1961 ” there is substituted “, 1961 and 1984 ” .

The Public Health (Control of Disease) Act 1984

23There is added at the end of section 7(4) of the [1984 c. 22.] Public Health (Control of Disease) Act 1984—

“(k)the Building Act 1984 (other than Parts III of Schedule 3).”

Section 133(3).

SCHEDULE 7Repeals

TABLE OF DERIVATIONS

Transfers of functions between Ministers of the Crown are not acknowledged in this Table, nor are constructional provisions that are applicable generally.

2The following abbreviations are used in this Table: