Health and Safety at Work etc. Act 1974

• (3) 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.

• (4) Building 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 any prescribed enactment relating to building regulations and any 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.

• (5) Building regulations may repeal or modify any enactment to which this subsection applies if it appears to the Secretary of State that the enactment 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.

This subsection applies to any enactment contained in this Act or in any other Act passed before or in the same Session as this Act, other than sections 61 to 71 of the 1936 Act, sections 4 to 11 of, and Schedule 1 to, the 1961 Act, and this Part.

Miscellaneous provisions as to the approval of plans

63

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special provisions as to materials etc. unsuitable for permanent buildings

64

Continuing requirements

65

• (1) Building regulations may impose on owners and occupiers of buildings to which building regulations are applicable such continuing requirements as the Secretary of State considers appropriate for securing, with respect to any provision of building regulations designated in the regulations as a provision to which those requirements relate, that the purposes of that provision are not frustrated; but a continuing requirement imposed by virtue of this subsection shall not apply in relation to a building unless a provision of building regulations so designated as one to which the requirement relates applies to that building.

• (2) Building regulations may impose on owners and occupiers of buildings of any prescribed class (whenever erected, and whether or not any building regulations were applicable to them at the time of their erection) continuing requirements with respect to all or any of the following matters, namely—

• (a) the conditions subject to which any services, fittings or equipment provided in or in connection with any building of that class may be used;

• (b) the inspection and maintenance of any services, fittings or equipment so provided ; and

• (c) the making of reports to any prescribed authority on the condition of any services, fittings or equipment so provided;

and so much of section 62 of the 1936 Act as restricts the application of building regulations shall not apply to regulations made by virtue of this subsection.

• (3) If a person contravenes a continuing requirement imposed by virtue of this section, the local authority, without prejudice to their right to take proceedings for a fine in respect of the contravention, may execute any work or take any other action required to remedy the contravention, and may recover from that person the expenses reasonably incurred by them in so doing.

• (4) Where a local authority have power under the preceding subsection to execute any work or take any other action they may, instead of exercising that power, by notice require the owner or the occupier of the building to which the contravention referred to in that subsection relates to execute that work or take that action.

The provisions of Part XII of the 1936 Act with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to any notice given under this section, subject however to the modification that in those provisions references to the execution of works shall be construed as references to the execution of work or the taking of other action, and references to work shall be construed accordingly.

• (5) The provisions of sections 6, 7 and 8 of the 1961 Act (power to dispense with or relax requirements in building regulations, and related provisions) shall have effect in relation to continuing requirements imposed by virtue of this section subject to the following modifications, that is to say—

• (a) a direction under the said section 6 shall, if it so provides, cease to have effect at the end of such period as may be specified in the direction ; and

• (b) in subsection (1) of the said section 7 (as amended by this Act), the reference to granting an application subject to conditions shall be read as including a reference to granting an application for a limited period.

Type relaxation of building regulations

66

• (1) If the Secretary of State considers that the operation of any requirement of building regulations would be unreasonable in relation to any particular type of building matter, he may, either on an application made to him or of his own accord, give a direction dispensing with or relaxing that requirement generally in relation to that type of building matter, either unconditionally or subject to compliance with any conditions specified in the direction, being conditions with respect to matters directly connected with the dispensation or relaxation.

• (2) A direction under subsection (1) above—

• (a) shall, if it so provides, cease to have effect at the end of such period as may be specified in the direction;

• (b) may be varied or revoked by a subsequent direction of the Secretary of State.

• (3) Building regulations may require a person making an application under subsection (1) above to pay the Secretary of State the prescribed fee; and, without prejudice to section 4(2) of the 1961 Act, regulations made by virtue of this subsection may prescribe different fees for different cases:

Provided that the Secretary of State may in any particular case remit the whole or part of any fee payable by virtue of this subsection.

• (4) Before giving a direction under this section the Secretary of State shall consult such bodies as appear to him to be representative of the interests concerned (including in particular, in the case of a direction that relates to a requirement relevant to any of their functions, the National Water Council).

• (5) Where the Secretary of State gives a direction under this section, he shall publish notice of that fact in such manner as he thinks fit.

• (6) A person who contravenes any condition specified in a direction given under this section or permits any such condition to be contravened shall be liable to a fine not exceeding £400 and to a further fine not exceeding £50 for each day on which the offence continues after he is convicted.

• (7) If at any time a direction under subsection (1) above dispensing with or relaxing a requirement of building regulations ceases to have effect by virtue of subsection (2)(c) above or is varied or revoked under subsection (2)(b) above, mat fact shall not affect the continued operation of the direction (with any conditions specified therein) in any case in which before that time—

• (a) plans of the proposed work were, in accordance with building regulations, deposited with a local authority; or

• (b) a building notice was served on the district surveyor in pursuance of section 83 of the London Building Acts (Amendment) Act 1939.

• (8) In this section and section 67 below " building matter " means any building or other matter whatsoever to which building regulations are in any circumstances applicable.

Power of Secretary of State to approve types of building etc.

67

• (1) The following provisions of this section shall have effect with a view to enabling the Secretary of State, either on an application made to him or of his own accord, to approve any particular type of building matter as complying, either generally or in any class of case, with particular requirements of building regulations.

• (2) An application for the approval under this section of a type of building matter shall comply with any requirements of building regulations as to the form of such applications and the particulars to be included therein.

• (3) Where under subsection (1) above the Secretary of State approves a type of building matter as complying with particular requirements of building regulations either generally or in any class of case, he may issue a certificate to that effect specifying—

• (a) the type of building matter to which the certificate relates ;

• (b) the requirements of building regulations to which the certificate relates; and

• (c) where applicable, the class or classes of case to which the certificate applies.

• (4) A certificate under this section shall, if it so provides, cease to have effect at the end of such period as may be specified in the certificate.

• (5) If, while a certificate under this section is in force, it is found, in any particular case involving a building matter of the type to which the certificate relates, that the building matter in question is of that type and the case is one to which the certificate applies, that building matter shall in that particular case be deemed to comply with the requirements of building regulations to which the certificate relates.

• (6) The Secretary of State may vary a certificate under this section either on an application made to him or of his own accord; but in the case of a certificate issued on an application made by a person under subsection (1) above, the Secretary of State, except where he varies it on the application of that person, shall before varying it give that person reasonable notice that he proposes to do so.

• (7) Building regulations may require a person making an application under subsection (1) or (6) above to pay the Secretary of State the prescribed fee ; and, without prejudice to section 4(2) of the 1961 Act, regulations made by virtue of this subsection may prescribe different fees for different cases:

Provided that the Secretary of State may in any particular case remit the whole or part of any fee payable by virtue of this subsection.

• (8) The Secretary of State may revoke a certificate issued under this section, but before doing so in the case of a certificate issued on an application under subsection (1) above shall give the person on whose application the certificate was issued reasonable notice that he proposes to do so.

• (9) Where the Secretary of State issues a certificate under this section or varies or revokes a certificate so issued, he shall publish notice of that fact in such manner as he thinks fit.

• (10) If at any time a certificate under this section ceases to have effect by virtue of subsection (4) above or is varied or revoked under the preceding provisions of this section, that fact shall not affect the continued operation of subsection (5) above by virtue of that certificate in any case in which before that time—

• (a) plans of the proposed work were, in accordance with building regulations, deposited with a local authority; or

• (b) a building notice was served on the district surveyor in pursuance of section 83 of the London Building Acts (Amendment) Act 1939.

• (11) For the purposes of subsection (3) above or any variation of a certificate under subsection (6) above, a class of case may be framed in any way that the Secretary of State thinks fit.

• (12) The Secretary of State may by building regulations delegate to any person or body, to such extent and subject to such conditions as the Secretary of State may think fit, the powers of approval conferred on him by this section; and so far as those powers are for the time being so delegated to any person or body, the preceding provisions of this section, except so much of subsection (7) as precedes the proviso, and any building regulation made by virtue of that subsection shall (subject to any prescribed conditions) have effect in relation to that person or body with the substitution of references to that person or body for references to the Secretary of State.

Power to require or carry out tests for conformity with building regulations

68

• (1) The following subsection shall have effect for the purpose of enabling a local authority to ascertain, as regards any work or proposed work to which building regulations for the enforcement of which they are responsible are applicable, whether any provision of building regulations is or would be contravened by, or by anything done or proposed to be done in connection with, that work.

• (2) The local authority shall have power for that purpose—

• (a) to require any person by whom or on whose behalf the work was, is being or is proposed to be done to carry out such reasonable tests of or in connection with the work as may be specified in the requirement; or

• (b) themselves to carry out any reasonable tests of or in connection with the work, and to take any samples necessary to enable them to carry out any such test.

• (3) Without prejudice to the generality of the preceding subsection, the matters with respect to which tests may be required or carried out under that subsection include—

• (a) tests of the soil or subsoil of the site of any building ;

• (b) tests of any material, component or combination of components which has been, is being or is proposed to be used in the construction of a building, and tests of any service, fitting or equipment which has been, is being or is proposed to be provided in or in connection with a building.

• (4) A local authority shall have power, for the purpose of ascertaining whether there is or has been, in the case of any building, any contravention of any continuing requirement that applies in relation to that building—

• (a) to require the owner or occupier of the building to carry out such reasonable tests as may be specified in the requirement under this paragraph ; or

• (b) themselves to carry out any tests which they have power to require under the preceding paragraph, and to take any samples necessary to enable them to carry out any such test. In this subsection " continuing requirement" means a continuing requirement imposed by building regulations made by virtue of section 65(1) or (2).

• (5) The expense of carrying out any tests which a person is required to carry out under this section shall be met by that person:

Provided that the local authority, on an application made to them, may, if they think it reasonable to do so, direct that the expense of carrying out any such tests, or such part of that expense as may be specified in the direction, shall be met by the local authority.

• (6) Any question arising under this section between a local authority and any person as to the reasonableness—

• (a) of any test specified in a requirement imposed on him by the authority under this section ; or

• (b) of a refusal by the authority to give a direction under subsection (5) above on an application made by him; or

• (c) of a direction under that subsection given on such an application,

may on the application of that person be determined by a court of summary jurisdiction ; and in a case falling within paragraph (b) or (c) above the court may order the expense to which the application relates to be met by the local authority to such extent as the court thinks just.

Provisions relating to appeals etc. to the Secretary of State under certain provisions

69

• (1) On an appeal to the Secretary of State under section 64 of the 1936 Act, section 7 of the 1961 Act or section 64 of this Act, the Secretary of State may at his discretion afford to the appellant and the local authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

• (2) On determining any such appeal as is mentioned in subsection (1) above, the Secretary of State shall give such directions, if any, as he considers appropriate for giving effect to his determination.

• (3) Where the Secretary of State gives a decision in proceedings—

• (a) on any such appeal as is mentioned in subsection (1) above; or

• (b) on a reference under section 67 of the 1936 Act; or

• (c) on any application for a direction under section 6 of the 1961 Act where the power of giving the direction is not exercisable by the local authority,

the relevant person or the local authority may appeal to the High Court against the decision on a point of law.

In this subsection " the relevant person "—

• (i) as regards such an appeal as is mentioned in paragraph (a) above, means the appellant;

• (ii) as regards a reference under the said section 67, means the person on whose application (jointly with the local authority) the reference was made ;

• (iii) as regards any such application as is mentioned in paragraph (c) above, means the applicant.

• (4) At any stage of the proceedings on any such appeal, reference or application as is mentioned in the preceding subsection, the Secretary of State may state any question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court; and a decision of the High Court on a case stated by virtue of this subsection shall be deemed to be a judgment of the court within the meaning of section 27 of the Supreme Court of Judicature (Consolidation) Act 1925 (jurisdiction of the Court of Appeal to hear and determine appeals from any judgment of the High Court).

• (5) In relation to any proceedings in the High Court or the Court of Appeal brought by virtue of this section the power to make rules of court shall include power to make rules—

• (a) prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the Secretary of State ; and

• (b) providing for the Secretary of State, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

• (6) Rules of court relating to any such proceedings as are mentioned in subsection (5) of this section may provide for excluding so much of section 63(1) of the said Act of 1925 as requires appeals to the High Court to be heard and determined by a Divisional Court; but no appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

• (7) In this section " decision" includes a direction, and references to the giving of a decision shall be construed accordingly.

• (8) Without prejudice to section 4(5) of the 1961 Act, building regulations may in connection with any such appeal as is mentioned in subsection (1) above include such supplementary provisions with respect to procedure as the Secretary of State thinks fit.

Power to make building regulations for Inner London

70

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil liability

71

Application to Crown

72

• (1) Except in so far as building regulations provide otherwise, the substantive provisions of building regulations—

• (a) shall apply in relation to work carried out or proposed to be carried out by or on behalf of a Crown authority (whether or not in relation to a Crown building) as they would apply if the person by or on behalf of whom the work was or is to be carried out were not a Crown authority; and

• (b) so far as they consist of continuing requirements, shall apply to Crown authorities (whether or not in relation to Crown buildings) as they apply to persons who are not Crown authorities.

• (2) In so far as building regulations so provide as regards any of the substantive requirements of building regulations, those requirements shall apply in relation to work carried out or proposed to be carried out as mentioned in subsection (1)(a) above in Inner London and, so far as they consist of continuing requirements, shall apply to Crown authorities there as mentioned in subsection (1)(b) above, even if those requirements do not apply there in the case of work carried out or proposed to be carried out otherwise than by or on behalf of a Crown authority or, in the case of continuing requirements, do not apply there to persons other than Crown authorities.

In this subsection " Inner London " has the same meaning as in section 70.

• (3) Except in so far as building regulations provide otherwise, building regulations and the enactments relating to building regulations—

• (a) shall apply in relation to work carried out or proposed to be carried out in relation to a Crown building otherwise than by or on behalf of a Crown authority, and, in the case of section 65 and building regulations made by virtue thereof, shall in relation to a Crown building apply to persons other than Crown authorities, as they would apply if the building were not a Crown building; and

• (b) shall apply in relation to work carried out or proposed to be carried out by or on behalf of a government department acting for a person other than a Crown authority as they would apply if the work had been or were to be carried out by that person.

• (4) Section 341 of the 1936 Act (power to apply provisions of that Act to Crown property) shall not apply to provisions relating to building regulations.

• (5) Section 71 and any building regulations made by virtue of subsection (1) of that section shall apply in relation to duties imposed by building regulations in their application in accordance with the preceding provisions of this section.

• (6) In the case of work carried out or proposed to be carried out by or on behalf of a Crown authority, and in any case in which a Crown authority is or (apart from any dispensation or relaxation) will be subject to any continuing requirements, that authority may exercise the like powers of dispensing with or relaxing the substantive requirements of building regulations or, as the case may be, the continuing requirements in question as are conferred on the Secretary of State and local authorities by virtue of section 6 of the 1961 Act (other than a power excepted by the following subsection), subject, however, to the like requirements as to consultation (if any) as apply by virtue of section 62(1) in the case of a local authority (but not the requirements of the said section 6 as to consultation with the local authority) and to the like requirements as in the case of the Secretary of State apply by virtue of section 8 of that Act (opportunity to make representations about proposal to relax building regulations); and no application shall be necessary for the exercise of any such powers by virtue of this subsection.

In relation to any continuing requirements references in this subsection to the said section 6 are references thereto as modified by section 65(5).

• (7) The power excepted from the preceding subsection is one which by virtue of section 62(4) is exercisable otherwise than by a local authority.

• (8) For the purposes of subsection (6) above work carried out or proposed to be carried out by or on behalf of a government department acting for another Crown authority shall be treated as carried out or proposed to be carried out by or on behalf of that department (and not by or on behalf of the other Crown authority).

• (9) In this section—

• " continuing requirement " means a continuing requirement of building regulations imposed by virtue of section 65(1) or (2)(a) or (b).

• " Crown authority " means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the Crown (not being a person or body whose functions are performed on behalf of Her Majesty in her private capacity), or any person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;

• " Crown building " means a building in which there is a Crown interest or a Duchy interest;

• " Crown interest " means an interest belonging to Her Majesty in right of the Crown or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department;

• " Duchy interest " means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall.

• (10) If any question arises under this section as to which Crown authority is entitled to exercise any such powers as are mentioned in subsection (6) above, that question shall be referred to the Treasury, whose decision shall be final.

• (11) The preceding provisions of this section shall, with any necessary modifications, apply in relation to the making of a material change in the use of a building within the meaning of building regulations made for the purposes of section 62(1)(e) of the 1936 Act (as substituted by this Part) as they apply in relation to the carrying out of work.

Application to United Kingdom Atomic Energy Authority

73

• (1) The provisions of section 72, except subsections (2) to (4), shall apply in relation to the United Kingdom Atomic Energy Authority (in this section referred to as " the Authority ") as if—

• (a) the Authority were a Crown authority ;

• (b) any building belonging to or occupied by the Authority were a Crown building; and

• (c) the references in subsection (1) to not being a Crown authority were references to being neither a Crown authority nor the Authority,

but so that the said provisions shall not by virtue of this subsection apply in relation to dwelling-houses or offices belonging to or occupied by the Authority.

• (2) Subject to the said provisions as applied by the preceding subsection, building regulations and the enactments relating to building regulations shall not apply in relation to buildings belonging to or occupied by the Authority, being buildings other than dwelling-houses or offices.

Meaning of " building" etc. in connection with, and construction of references to, building regulations

74

• (1) For the purposes of any enactment to which this subsection applies—

• (a) " building " means any permanent or temporary building and, unless the context otherwise requires, includes any other structure or erection of whatever kind or nature (whether permanent or temporary), and in this paragraph, " structure or erection" shall include a vehicle, vessel, hovercraft, aircraft or other movable object of any kind in such circumstances as may be prescribed (being circumstances which in the opinion of the Secretary of State justify treating it for those purposes as a building);

• (b) unless the context otherwise requires, any reference to a building includes a reference to part of a building, and any reference to the provision of services, fittings and equipment in or in connection with buildings, or to services, fittings and equipment so provided, includes a reference to the affixing of things to buildings or, as the case may be, to things so affixed ; and

• (c) references to the construction or erection of a building shall include references to—

• (i) the carrying out of such operations (whether for the reconstruction of a building, the roofing over of an open space between walls or buildings, or otherwise) as may be designated in building regulations as operations falling to be treated for those purposes as the construction or erection of a building, and

• (ii) the conversion of a movable object into what is by virtue of paragraph (a) above a building,

and " construct" and " erect" shall be construed accordingly.

• (2) The preceding subsection applies to sections 61 to 71 of the 1936 Act and to any other enactment (whether or not contained in the 1936 Act or this Act) which relates to building regulations or mentions " buildings " or " a building " in a context from which it appears that those expressions are there intended to have the same meaning as in the said sections 61 to 71.

• (3) Unless the context otherwise requires, references in this Act or any other enactment (whether passed before or after this Act) to building regulations shall, in any particular case in relation to which any requirement of building regulations is for the time being dispensed with, waived, relaxed or modified by virtue of section 6 of the 1961 Act, section 66 of this Act or any other enactment, be construed as references to building regulations as they apply in that case.

Amendment of Building (Scotland) Act 1959

75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Construction and interpretation of Part III and other provisions relating to building regulations

76

Part IV — Miscellaneous and General

Amendment of Radiological Protection Act 1970

77

Amendment of Fire Precautions Act 1971

78

Amendment of Companies Acts as to directors' reports

79

General power to repeal or modify Acts and instruments

80

• (1) Regulations made under this subsection may repeal or modify any provision to which this subsection applies if it appears to the authority making the regulations that the repeal or, as the case may be, the modification of that provision is expedient in consequence of or in connection with any provision made by or under Part I.

• (2) Subsection (1) above applies to any provision, not being among the relevant statutory provisions, which—

• (a) is contained in this Act or in any other Act passed before or in the same Session as this Act; or

• (b) is contained in any regulations, order or other instrument of a legislative character which was made under an Act before the passing of this Act; or

• (c) applies, excludes or for any other purpose refers to any of the relevant statutory provisions and is contained in any Act not falling within paragraph (a) above or in any regulations, order or other instrument of a legislative character which is made under an Act but does not fall within paragraph (b) above.

• (2A) Subsection (1) above shall apply to provisions in the Employment Rights Act 1996 or the Trade Union and Labour Relations (Consolidation) Act 1992 which derive from provisions of the Employment Protection (Consolidation) Act 1978 which re-enactedprovisions previously contained in the Redundancy Payments Act 1965, the Contracts of Employment Act 1972 or the Trade Union and Labour Relations Act 1974 as it applies to provisions contained in Acts passed before or in the same Session as this Act.

• (3) Without prejudice to the generality of subsection (1) above, the modifications which may be made by regulations thereunder include modifications relating to the enforcement of provisions to which this section applies (including the appointment of persons for the purpose of such enforcement, and the powers of persons so appointed).

• (4) The power to make regulations under subsection (1) above shall be exercisable by the Secretary of State . . .; but the authority who is to exercise the power shall, before exercising it, consult such bodies as appear to him to be appropriate.

• (5) In this section “the relevant statutory provisions” has the same meaning as in Part I..

Expenses and receipts

81

There shall be paid out of money provided by Parliament—

• (a) any expenses incurred by a Minister of the Crown or government department for the purposes of this Act; and

• (b) any increase attributable to the provisions of this Act in the sums payable under any other Act out of money so provided;

and any sums received by a Minister of the Crown or government department by virtue of this Act shall be paid into the Consolidated Fund.

General provisions as to interpretation and regulations

82

• (1) In this Act—

• (a) “Act” includes a provisional order confirmed by an Act;

• (b) “contravention” includes failure to comply, and “contravene” has a corresponding meaning;

• (c) “modifications” includes additions, omissions and amendments, and related expressions shall be construed accordingly;

• (d) any reference to a Part, section or Schedule not otherwise identified is a reference to that Part or section of, or Schedule to, this Act.

• (2) Except in so far as the context otherwise requires, any references in this Act to an enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment, including this Act.

• (3) Any power conferred by Part I or II or this Part to make regulations—

• (a) includes power to make different provision by the regulations for different circumstances or cases and to include in the regulations such incidental, supplemental and transitional provisions as the authority making the regulations considers appropriate in connection with the regulations; and

• (b) shall be exercisable by statutory instrument, which (unless subsection (3A), (3B) or (4) applies) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3A) In the case of a statutory instrument which also contains regulations under section 74 of the Energy Act 2013 (nuclear regulations), subsection (3) is subject to section 113 of that Act (subordinate legislation).

• (3B) Regulations under section 3(2) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

• (4) The first regulations under section 43A(1) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Minor and consequential amendments, and repeals

83

Extent, and application of Act

84

• (1) This Act, except—

• (a) Part I and this Part so far as may be necessary to enable regulations under section 15 or 30 to be made and operate for the purpose mentioned in paragraph 2 of Schedule 3; and

• (b) paragraphs . . . 3 of Schedule 9,

does not extend to Northern Ireland.

• (2) Part III, except section 75 and Schedule 7, does not extend to Scotland.

• (3) Her Majesty may by Order in Council provide that the provisions of Parts I and II and this Part shall, to such extent and for such purposes as may be specified in the Order, apply (with or without modification) to or in relation to persons, premises, work, articles, substances and other matters (of whatever kind) outside Great Britain as those provisions apply within Great Britain or within a part of Great Britain so specified.

For the purposes of this subsection “premises”, “work” and “substance” have the same meanings as they have for the purposes of Part I.

• (4) An Order in Council under subsection (3) above—

• (a) may make different provision for different circumstances or cases;

• (b) may (notwithstanding that this may affect individuals or bodies corporate outside the United Kingdom) provide for any of the provisions mentioned in that subsection, as applied by such an Order, to apply to individuals whether or not they are British subjects and to bodies corporate whether or not they are incorporated under the law of any part of the United Kingdom;

• (c) may make provision for conferring jurisdiction on any court or class of courts specified in the Order with respect to offences under Part I committed outside Great Britain or with respect to causes of action arising by virtue of section 47(2) in respect of acts or omissions taking place outside Great Britain, and for the determination, in accordance with the law in force in such part of Great Britain as may be specified in the Order, of questions arising out of such acts or omissions;

• (d) may exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under any provision of Part I committed outside Great Britain;

• (e) may be varied or revoked by a subsequent Order in Council under this section;

and any such Order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) In relation to proceedings for an offence under Part I committed outside Great Britain by virtue of an Order in Council under subsection (3) above, section 38 shall have effect as if the words “by an inspector, or” were omitted.

• (6) Any jurisdiction conferred on any court under this section shall be without prejudice to any jurisdiction exercisable apart from this section by that or any other court.

Short title and commencement

85

• (1) This Act may be cited as the Health and Safety at Work etc. Act 1974.

• (2) This Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed under this subsection for different purposes.

• (3) An order under this section may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provision of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

SCHEDULE 1

SCHEDULE 2

Tenure of office

1

The Executive shall consist of—

• (a) the Chair of the Executive, and

• (b) at least seven and no more than twelve other members (referred to in this Schedule as “ members ”).

2

• (1) The Secretary of State shall appoint the Chair of the Executive.

• (2) Subject to sub-paragraph (3A), The Secretary of State shall appoint the other members of the Executive according to sub-paragraph (3).

• (3) The Secretary of State—

• (a) shall appoint three members after consulting such organisations representing employers as he considers appropriate;

• (b) shall appoint three members after consulting such organisations representing employees as he considers appropriate;

• (c) shall appoint one member after consulting such organisations representing local authorities as he considers appropriate; and

• (d) may appoint up to four other members after consulting, as he considers appropriate—

• (i) the Scottish Ministers,

• (ii) the Welsh Ministers, or

• (iii) such organisations as he considers appropriate, including professional bodies, whose activities are concerned with matters relating to the general purposes of this Part ....

• (3A) The Office for Nuclear Regulation may appoint a member from among the non-executive members of the Office for Nuclear Regulation (“an ONR member”).

• (3B) The Office for Nuclear Regulation must notify the Executive and the Secretary of State whenever it appoints an ONR member.

• (4) Service as the Chair or as another member of the Executive is not service in the civil service of the State.

• (5) The Secretary of State, with the approval of the Chair, may appoint one of the other members appointed under sub-paragraph (2) to be the deputy chair of the Executive.

3

Subject to paragraphs 4 , 4A and 5, a person shall hold and vacate office as the Chair or as another member according to the terms of the instrument appointing him to that office.

4

The Chair or any other member of the Executive , other than an ONR member, may at any time resign his office by giving notice in writing to the Secretary of State.

Remuneration etc. of members

5

The Secretary of State may remove a Chair or other member , other than an ONR member, who—

• (a) has been absent from meetings of the Executive for a period longer than six months without the permission of the Executive;

• (b) has become bankrupt or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has made an arrangement with his creditors;

• (c) in Scotland, has had his estate sequestrated or has made a trust deed for creditors or a composition contract;

• (d) has become incapacitated by physical or mental illness; or

• (e) is otherwise, in the opinion of the Secretary of State, unable or unfit to carry out his functions.

6

• (1) The Executive shall pay —

• (a) to each member, other than an ONR member, such remuneration, and

• (b) to each member such travelling and other allowances,

as may be determined by the Secretary of State.

• (2) The Executive shall pay to, or in respect of, any member other than an ONR member , such sums by way of pension, superannuation allowances and gratuities as the Secretary of State may determine.

• (3) Where a person ceases to be a member other than an ONR member otherwise than on the expiry of his term of office, and the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Executive shall pay to him such amount by way of compensation as the Secretary of State may determine.

• (4) Where—

• (a) a member appointed under paragraph 4(4)(a) of Schedule 7 to the Energy Act 2013 to be a member of the Office for Nuclear Regulation (the “ HSE member of the ONR”)—

• (i) ceases to be the HSE member of the ONR otherwise than on the expiry of his or her term of office as HSE member of the ONR, but

• (ii) does not cease to be a member of the Executive, and

• (b) it appears to the Executive that there are special circumstances that make it right for that person to receive compensation,

the Executive may pay the member such amount by way of compensation as the Secretary of State may determine.

7

• (1) The Executive may regulate its own procedure.

• (2) The validity of any proceedings of the Executive shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

• (3) The Executive shall consult with the Secretary of State before making or revising its rules and procedures for dealing with conflicts of interest.

• (4) The Executive shall from time to time publish a summary of its rules and procedures.

Proceedings

8

• (1) The Executive shall, with the consent of the Secretary of State, appoint a person to act as Chief Executive on such terms and conditions as the Secretary of State may determine.

• (2) The Executive shall appoint such other staff to the service of the Executive as it may determine, with the consent of the Secretary of State as to numbers of persons appointed and as to the terms and conditions of their service.

• (3) The Executive shall pay to the Minister for the Civil Service at such times as that Minister may direct, such sums as the Minister may determine in respect of any increase attributable to this paragraph in the sums payable out of monies provided by Parliament under the Superannuation Act 1972.

• (4) A person appointed to the staff of the Executive may not at the same time be a member of the Executive.

• (5) Service as a member of staff of the Executive is service in the civil service of the State.

9

• (1) Subject to sub-paragraphs (2) to (4), anything authorised or required to be done by the Executive (including exercising the powers under this paragraph) may be done by—

• (a) such members of the Executive or members of staff of the Executive as the Executive considers fit to authorise for that purpose, whether generally or specifically; or

• (b) any committee of the Executive which has been so authorised.

• (2) Sub-paragraph (1)(b) does not apply to a committee whose members include a person who is neither a member of the Executive nor a member of staff of the Executive.

• (3) The Executive—

• (a) shall authorise such of its members of staff as it considers fit to authorise for that purpose, to perform on its behalf those of its functions which consist of the enforcement of the relevant statutory provisions in any particular case; but

• (b) shall not authorise any member or committee of the Executive to make decisions concerning the enforcement of the relevant statutory provisions ... in any particular case.

• (4) The Executive shall not authorise any person to legislate by subordinate instrument.

• (5) The Executive shall publish any authorisations which it makes under this paragraph.

Staff

10

• (1) It shall be the duty of the Chief Executive—

• (a) to keep proper accounts and proper records in relation to the accounts;

• (b) to prepare in respect of each accounting year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

• (c) to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of November next following the accounting year to which the statement relates.

• (2) The Comptroller and the Auditor General shall examine, certify and report on each statement referred to in sub-paragraph (1)(c) and shall lay copies of each statement and his report before each House of Parliament.

• (3) As soon as possible after the end of the accounting year, the Executive shall make to the Secretary of State a report on the performance of the Executive's functions during the year.

• (4) The Secretary of State shall lay the report referred to in sub-paragraph (3) before each House of Parliament.

• (5) In this paragraph, “accounting year” means the period of 12 months ending with 31st March in any year; but the first accounting year of the Executive shall, if the Secretary of State so directs, be of such other period not exceeding 2 years as may be specified in the direction.

11

The Secretary of State shall not make any determination or give his consent under paragraph 6 or 8 of this Schedule except with the approval of the Minister for the Civil Service.

12

• (1) The fixing of the common seal of the Executive shall be authenticated by the signature of the Chair or some other person authorised by the Executive to act for that purpose.

• (2) A document purporting to be duly executed under the seal of the Executive or signed on its behalf shall be received in evidence and shall be deemed to be so executed or signed unless the contrary is proved.

• (3) This paragraph does not apply to Scotland.

Performance of functions

13

The Commission may authorise any member of the Commission or any officer or servant of the Commission or of the Executive to perform on behalf of the Commission such of the Commission’s functions (including the function conferred on the Commission by this paragraph) as are specified in the authorisation.

Accounts and reports

14

• (1) It shall be the duty of the Commission—

• (a) to keep proper accounts and proper records in relation to the accounts;

• (b) to prepare in respect of each accounting year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

• (c) to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of November next following the accounting year to which the statement relates.

• (2) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this Schedule and shall lay copies of each statement and of his report before each House of Parliament.

15

It shall be the duty of the Commission to make to the Secretary of State, as soon as possible after the end of each accounting year, a report on the performance of its functions during that year; and the Secretary of State shall lay before each House of Parliament a copy of each report made to him in pursuance of this paragraph.

Supplemental

16

The Secretary of State shall not make a determination or give his consent in pursuance of paragraph 5, 6, 7 or 11 of this Schedule except with the approval of the Minister for the Civil Service.

17

The fixing of the common seal of the Commission shall be authenticated by the signature of the secretary of the Commission or some other person authorised by the Commission to act for that purpose.

18

A document purporting to be duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

19

In the preceding provisions of this Schedule—

• (a) “accounting year” means the period of twelve months ending with 31st March in any year except that the first accounting year of the Commission shall, if the Secretary of State so directs, be such period shorter or longer than twelve months (but not longer than two years) as is specified in the direction; and

• (b) “the chairman”, “a deputy chairman” and “a member” mean respectively the chairman, a deputy chairman and a member of the Commission.

20

• (1) The preceding provisions of this Schedule (except paragraphs 10 to 12 and 15) shall have effect in relation to the Executive as if—

• (a) for any reference to the Commission there were substituted a reference to the Executive;

• (b) for any reference to the Secretary of State in paragraphs 2 to 4 and 19 and the first such reference in paragraph 7 there were substituted a reference to the Commission;

• (c) for any reference to the Secretary of State in paragraphs 5 to 7 (except the first such reference in paragraph 7) there were substituted a reference to the Commission acting with the consent of the Secretary of State;

• (d) for any reference to the chairman there were substituted a reference to the director, and any reference to the deputy chairman were omitted;

• (e) in paragraph 14(1)(c) for the words from “Secretary” to “following” there were substituted the words “Commission by such data as the Commission may direct after the end of”.

• (2) It shall be the duty of the Commission to include in or send with the copies of the statement sent by it as required by paragraph 14(1)(c) of this Schedule copies of the statement sent to it by the Executive in pursuance of the said paragraph 14(1)(c) as adapted by the preceding sub-paragraph.

• (3) The terms of an instrument appointing a person to be a member of the Executive shall be such as the Commission may determine with the approval of the Secretary of State and the Minister for the Civil Service.

SCHEDULE 3

1

• (1) Regulating or prohibiting—

• (a) the manufacture, supply or use of any plant;

• (b) the manufacture, supply, keeping or use of any substance;

• (c) the carrying on of any process or the carrying out of any operation.

• (2) Imposing requirements with respect to the design, construction, guarding, siting, installation, commissioning, examination, repair, maintenance, alteration, adjustment, dismantling, testing or inspection of any plant.

• (3) Imposing requirements with respect to the marking of any plant or of any articles used or designed for use as components in any plant, and in that connection regulating or restricting the use of specified markings.

• (4) Imposing requirements with respect to the testing, labelling or examination of any substance.

• (5) Imposing requirements with respect to the carrying out of research in connection with any activity mentioned in subparagraphs (1) to (4) above.

2

• (1) Prohibiting the importation into the United Kingdom or the landing or unloading there of articles or substances of any specified description, whether absolutely or unless conditions imposed by or under the regulations are complied with.

• (2) Specifying, in a case where an act or omission in relation to such an importation, landing or unloading as is mentioned in the preceding sub-paragraph constitutes an offence under a provision of this Act and of the Customs and Excise Acts 1979 the Act under which the offence is to be punished.

3

• (1) Prohibiting or regulating the transport of articles or substances of any specified description.

• (2) Imposing requirements with respect to the manner and means of transporting articles or substances of any specified description, including requirements with respect to the construction, testing and marking of containers and means of transport and the packaging and labelling of articles or substances in connection with their transport.

4

• (1) Prohibiting the carrying on of any specified activity or the doing of any specified thing except under the authority and in accordance with the terms and conditions of a licence, or except with the consent or approval of a specified authority.

• (2) Providing for the grant, renewal, variation, transfer and revocation of licences (including the variation and revocation of conditions attached to licences).

5

Requiring any person, premises or thing to be registered in any specified circumstances or as a condition of the carrying on of any specified activity or the doing of any specified thing.

6

• (1) Requiring, in specified circumstances, the appointment (whether in a specified capacity or not) of persons (or persons with specified qualifications or experience, or both) to perform specified functions, and imposing duties or conferring powers on persons appointed (whether in pursuance of the regulations or not) to perform specified functions.

• (2) Restricting the performance of specified functions to persons possessing specified qualifications or experience.

7

Regulating or prohibiting the employment in specified circumstances of all persons or any class of persons.

8

• (1) Requiring the making of arrangements for securing the health of persons at work or other persons, including arrangements for medical examinations and health surveys.

• (2) Requiring the making of arrangements for monitoring the atmospheric or other conditions in which persons work.

9

Imposing requirements with respect to any matter affecting the conditions in which persons work, including in particular such matters as the structural condition and stability of premises, the means of access to and egress from premises, cleanliness, temperature, lighting, ventilation, overcrowding, noise, vibrations, ionising and other radiations, dust and fumes.

10

Securing the provision of specified welfare facilities for persons at work, including in particular such things as an adequate water supply, sanitary conveniences, washing and bathing facilities, ambulance and first-aid arrangements, cloakroom accommodation, sitting facilities and refreshment facilities.

11

Imposing requirements with respect to the provision and use in specified circumstances of protective clothing or equipment, including clothing affording protection against the weather.

12

Requiring in specified circumstances the taking of specified precautions in connection with the risk of fire.

13

• (1) Prohibiting or imposing requirements in connection with the emission into the atmosphere of any specified gas, smoke or dust or any other specified substance whatsoever.

• (2) Prohibiting or imposing requirements in connection with the emission of noise, vibrations or any ionising or other radiations.

• (3) Imposing requirements with respect to the monitoring of any such emission as is mentioned in the preceding sub-paragraphs.

14

Imposing requirements with respect to the instruction, training and supervision of persons at work.

15

• (1) Requiring in specified circumstances, specified matters to be notified in a specified manner to specified persons.

• (2) Empowering inspectors in specified circumstances to require persons to submit written particulars of measures proposed to be taken to achieve compliance with any of the relevant statutory provisions.

16

Imposing requirements with respect to the keeping and preservation of records and other documents, including plans and maps.

17

Imposing requirements with respect to the management of animals.

18

The following purposes as regards premises of any specified description where persons work, namely—

• (a) requiring precautions to be taken against dangers to which the premises or persons therein are or may be exposed by reason of conditions (including natural conditions) existing in the vicinity;

• (b) securing that persons in the premises leave them in specified circumstances.

19

Conferring, in specified circumstances involving a risk of fire or explosion, power to search a person or any article which a person has with him for the purpose of ascertaining whether he has in his possession any article of a specified kind likely in those circumstances to cause a fire or explosion, and power to seize and dispose of any article of that kind found on such a search.

20

Restricting, prohibiting or requiring the doing of any specified thing where any accident or other occurrence of a specified kind has occurred.

21

As regards cases of any specified class, being a class such that the variety in the circumstances of particular cases within it calls for the making of special provision for particular cases, any of the following purposes, namely—

• (a) conferring on employers or other persons power to make rules or give directions with respect to matters affecting health or safety;

• (b) requiring employers or other persons to make rules with respect to any such matters;

• (c) empowering specified persons to require employers or other persons either to make rules with respect to any such matters or to modify any such rules previously made by virtue of this paragraph; and

• (d) making admissible in evidence without further proof, in such circumstances and subject to such conditions as may be specified, documents which purport to be copies of rules or rules of any specified class made under this paragraph.

22

Conferring on any local or public authority power to make byelaws with respect to any specified matter, specifying the authority or person by whom any byelaws made in the exercise of that power need to be confirmed, and generally providing for the procedure to be followed in connection with the making of any such byelaws.

Interpretation

23

• (1) In this Schedule “specified” means specified in health and safety regulations.

• (2) It is hereby declared that the mention in this Schedule of a purpose that falls within any more general purpose mentioned therein is without prejudice to the generality of the more general purpose.

SCHEDULE 4

SCHEDULE 5

1

Preparation of sites.

2

Suitability, durability and use of materials and components (including surface finishes).

3

Structural strength and stability, including—

• (a) precautions against overloading, impact and explosion ;

• (b) measures to safeguard adjacent buildings and services ;

• (c) underpinning.

4

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.

5

Resistance to moisture and decay.

6

Measures affecting the transmission of heat

7

Measures affecting the transmission of sound.

8

Measures to prevent infestation.

9

Measures affecting the emission of smoke, gases, fumes, grit or dust or other noxious or offensive substances.

10

Drainage (including waste disposal units).

11

Cesspools and other means for the reception, treatment or disposal of foul matter.

12

Storage, treatment and removal of waste.

13

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

14

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

15

Telecommunications services (including telephones and radio and television wiring installations).

16

Lifts, escalators, hoists, conveyors and moving footways.

17

Plant providing air under pressure.

18

Standards of heating, artificial lighting, mechanical ventilation and air-conditioning and provision of power outlets.

19

Open space about buildings and the natural lighting and ventilation of buildings.

20

Accommodation for specific purposes in or in connection with buildings, and the dimensions of rooms and other spaces within buildings.

21

Means of access to and egress from buildings and parts of buildings.

22

Prevention of danger and obstruction to persons in and about buildings (including passers-by).

23

Matters connected with or ancillary to any of the matters mentioned in the preceding provisions of this Schedule.

SCHEDULE 6

PART I — Amendments

Amendments of Public Health Act 1936

1

In section 64 of the 1936 Act (passing or rejection of plans)—

• (a) for subsection (3) substitute—

(3) Where plans of any proposed work deposited with a local authority are rejected in pursuance of the preceding provisions of this section, the person by whom or on whose behalf they were deposited may appeal against the rejection to the Secretary of State within the prescribed time and in the prescribed manner; and where the rejection results wholly or partly from the fact that a person or body whose approval or satisfaction in any respect is required by the regulations has withheld approval or not been satisfied, an appeal under this subsection may be brought on (or on grounds which include) the ground that the person or body in question ought in the circumstances to have approved or been satisfied in that respect.

; and

• (b) subsection (4) shall cease to have effect.

2

In section 65 of the 1936 Act (power to require removal or alteration of work not in conformity with building regulations etc.)—

• (a) in subsection (1), after "therein" insert " and additions thereto and to execute such additional work in connection therewith ";

• (b) after subsection (2) insert as subsection (2A)—

(2A) Where a local authority have power to serve a notice under subsection (1) or (2) above on the owner of any work, they may in addition or instead serve such a notice on one or more of the following persons, namely the occupier and any builder or other person appearing to the authority to have control over the work.

;

• (c) in subsection (3), after " therein " insert " and additions thereto and execute such additional work in connection therewith " , and at the end add as a proviso—

Provided that where a notice under subsection (1) or (2) above is given to two or more persons in pursuance of subsection (2A) above, then— (a) if they are given the notices on different dates, the said period of twenty-eight days shall for each of them run from the later or latest of those dates; and (b) if the notice is not complied with before the expiration of the said period or such longer period as a court of summary jurisdiction may on the application of any of them allow, any expenses recoverable as aforesaid may be recovered from any of them.

; and

• (d) in subsection (4), for " or subsection (2)" substitute " , (2) or (2A) " , and at the end add as a proviso—

Provided that, in a case where plans were deposited nothing in this subsection shall be taken to prevent such a notice from being given (before the expiration of twelve months from the completion of the work in question) in respect of anything of which particulars were not required to be shown in the plans.

.

3

In section 90 of the 1936 Act (interpretation of Part II of that Act)—

• (a) in subsection (2) (extended meaning, in that Part and building regulations, of references to the erection of a building), for the words from " and, so far " to " those regulations " substitute " except sections 61 to 71 and any other enactment to which section 74(1) of the Health and Safety at Work etc. Act 1974 applies "; and

• (b) for subsection (3) (meaning of references to deposited plans) substitute—

(3) In this Part of this Act, unless the context otherwise requires.— (a) any reference to the deposit of plans in accordance with building regulations shall be construed as a reference to the deposit of plans in accordance with those regulations for the purposes of section 64 of this Act; and (b) " plans" includes drawings of any other description and also specifications or other information in any form, and any reference to the deposit of plans shall be construed accordingly.

Amendments of Public Health Act 1961

4

In section 4 of the 1961 Act (power to make building regulations)—

• (a) in subsection (2) (power to make different provision for different areas) at the end add " and generally different provision for different circumstances or cases "; and

• (b) in subsection (6) (penalties for contravening building regulations) after " building regulations" insert " other than a provision designated in the regulations as one to which this subsection does not apply, ", and for " one hundred pounds " and " ten pounds " substitute respectively " £400 " and "£50".

5

In section 6 of the 1961 Act (power to dispense with or relax requirements of building regulations)—

• (a) in subsection (1), add at the end the words " either unconditionally or subject to compliance with any conditions specified in the direction, being conditions with respect to matters directly connected with the dispensation or relaxation. ";

• (b) in the proviso to subsection (2), for the words from " shall " onwards substitute " may except applications of any description ";

• (c) for subsection (6) substitute—

(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.

;

• (d) after subsection (7), there shall be inserted as subsections (7A) and (7B)—

(7A) If, on an application to the Secretary of State for a direction under this section, the Secretary of State considers that any requirement of building regulations to which the application relates is not applicable or is not or would not be contravened in the case of the work or proposed work to which the application relates, he may so determine and may give any directions that he considers necessary in the circumstances. (7B) A person who contravenes any condition specified in a direction given under this section or permits any such condition to be contravened shall be liable to a fine not exceeding £400 and to a further fine not exceeding £50 for each day on which the offence continues after he is convicted. and

;

• (e) subsection (8) shall be omitted.

6

In section 7 of the 1961 Act (appeal against local authority's refusal to dispense with or relax requirements of building regulations)—

• (a) in subsection (1), after second " relax " insert " or grant such an application subject to conditions ", for " by notice in writing " substitute " in the prescribed manner ", for " one month" substitute " the prescribed period " and for " refusal" substitute " decision on the application ";

• (b) in subsection (2), for the words from " a period " to " and the local authority " substitute " the prescribed period ";

• (c) subsections (3) to (6) shall be omitted ; and

• (d) at the end there shall be added the following subsection:—

(7) Section 6(7A) of this Act shall apply in relation to an appeal to the Secretary of State under this section as it applies in relation to an application to him for a direction under section 6.

.

7

For section 8 of the 1961 Act (advertisement of proposal to relax building regulations) substitute—

(8) (1) Before the Secretary of State or a local authority give a direction under section 6 of this Act the prescribed steps shall be taken for affording to persons likely to be affected by the direction an opportunity to make representations about it; and before giving the direction the Secretary of State or, as the case may be, the local authority shall consider any representations duly made in accordance with the regulations. (2) Building regulations— (a) may make provision as to the time to be allowed for making representations under the preceding subsection ; (b) may require an applicant for such a direction, as a condition that his application shall be entertained, to pay or undertake to pay the cost of publishing any notice which is required by the regulations to be published in connection with the application; and (c) may exclude the requirements of the preceding subsection in prescribed cases.

.

8

In section 9(3) of the 1961 Act (consultation with Building Regulations Advisory Committee and other bodies before making building regulations), at the end add " (including in particular, as regards regulations relevant to any of their functions, the National Water Council). ".

PART II — Public Health Act 1936 Section 65 and Public Health Act 1961 Sections 4, 6 and 7 as amended

SCHEDULE 7

1

In section 3 (building standards regulations)—

• (a) in subsection (2), after the words “health, safety” there shall be inserted the word “welfare”, and at the end there shall be added the words “and for furthering the conservation of fuel and power” ;

• (b) in subsection (3), there shall be added the words—

(d) be framed to any extent by reference to a document published by or on behalf of the Secretary of State or any other person.

• (c) at the end of the section there shall be added the following subsection—

(7) The Secretary of State may by order made by statutory instrument repeal or modify any enactment to which this subsection applies if it appears to him that the enactment is inconsistent with, or is unnecessary or requires alteration in consequence of, any provision contained in the building standards regulations. This subsection applies to any enactment contained in any Act passed before or in the same Session as the Health and Safety at Work etc. Act 1974 other than an enactment contained in the Building (Scotland) Act 1959.

2

In section 4 (relaxation of building standards regulations)—

• (a) for subsection (5) there shall be substituted the following subsections—