Fire Precautions Act 1971 (Modifications) Regulations 1976

JurisdictionUK Non-devolved
CitationSI 2007/1976
Year1976

1976 No. 2007

HEALTH AND SAFETY

FIRE PRECAUTIONS

The Fire Precautions Act 1971 (Modifications) Regulations 1976

26thNovember 1976

6thDecember 1976

1stJanuary 1977

In exercise of the powers conferred on me by section 80(1) and (4) of the Health and Safety at Work etc. Act 1974(a), as amended by section 116 of and paragraph 19 of Schedule 15 to the Employment Protection Act 1975(b), and by section 82(3)(a) of the said Act of 1974, and having consulted such bodies as appear to me to be appropriate, I hereby make the following Regulations:—

1. These Regulations may be cited as the Fire Precautions Act 1971 (Modifications) Regulations 1976 and shall come into operation on 1st January 1977.

2.—(1) In these Regulations, unless the context otherwise requires,—

"the 1971 Act" means the Fire Precautions Act 1971(c);

"covered market place" shall be construed generally and not as limited to a place where a market is held by virtue of a grant from the Crown or of prescription or under statutory authority;

"factory premises" means premises constituting, or forming part of, a factory within the meaning of the Factories Act 1961(d) and premises to which sections 123(1) and 124 of that Act (application to electrical stations and institutions, respectively) apply;

"fire certificate", "owner" and "premises" have the meanings assigned to those expressions by the 1971 Act, as modified by these Regulations;

"office premises", "shop premises" and "railway premises" mean premises to which the Offices, Shops and Railway Premises Act 1963(e) applies and premises which are deemed to be such premises for the purposes of that Act, other than premises which are deemed to form part of a mine for the purposes of the Mines and Quarries Act 1954(f) or which consist of a covered market place wherein shop premises are aggregated.

(2) A reference in these Regulations to any enactment shall be construed as a reference to that enactment as amended, modified or replaced by or under any other enactment.

(3) The Interpretation Act 1889(g) shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

(a) 1974 c. 37.

(b) 1975 c. 71.

(c) 1971 c. 40.

(d) 1961 c. 34.

(e) 1963 c. 41.

(f) 1954 c. 70.

(g) 1889 c. 63.

3.—(1) The premises to which this Regulation applies are factory premises, office premises, shop premises and railway premises being (in each case) premises in respect of which a fire certificate is required and either—

(a) the premises are held under a lease or an agreement for a lease or under a licence and consist of part of a building all parts of which are in the same ownership; or

(b) the premises consist of part of a building in which different parts are owned by different persons.

(2) In relation to premises to which this Regulation applies—

(a) for the references to the applicant in section 5 of the 1971 Act and for the references to the occupier (whether express or implied) in sections 6(5), 7(1), 8(2) (except in paragraph (c)), 8(4), 8(5), 8(7) and 9(5)(b) of the 1971 Act there shall be substituted—

(i) in the case of premises to which paragraph (1)(a) above applies, references to the owner of the building;

(ii) in the case of premises to which paragraph (1)(b) above applies, references to the persons who between them own the building;

(b) (i) sections 6(8) and 7(6) of the 1971 Act shall be modified by substituting for the words "a fire certificate" in each place where those words occur the words "a copy of the fire certificate";

(ii) section 6(8) of the 1971 Act shall be modified by inserting at the end of the subsection the words "and the fire certificate shall be sent to the owner of the building or, as the case may be, the person who owns the part of the building of which the...

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