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Domestic Fire Safety (Wales) Measure 2011

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3Provision of informationW

This sectionnoteType=Explanatory Notes has no associated

(1)Where, in accordance with building regulations—

(a)notice is given to a local authority of a proposal to carry out building work to which this Measure applies, or

(b)full plans of such work are deposited with a local authority,

such notice or plans must include or be accompanied by such information as is required by subsection (2) and be accompanied by such fee as may be prescribed.

(2)The information required by this subsection is such information for the purpose of demonstrating that the work is capable, when completed, of complying with the requirements of section 1(4), as is, whether in relation to form or to content, prescribed.

(3)If, upon the giving of such notice or the deposit of such plans, information required by subsection (2)—

(a)is, in the opinion of the local authority, incomplete, or

(b)does not, in the opinion of the local authority, demonstrate that the work is capable, when completed, of complying with the requirements of section 1(4),

the authority must, within the relevant period, give notice in writing of that opinion to the person who gave that notice or, as the case may be, deposited those plans, setting out the reasons for that opinion.

(4)A person to whom notice has been given under subsection (3) may revise the information to which that notice relates and submit it to the local authority and, in that event, the notice given under subsection (3) ceases to have effect and, subject to subsection (5), subsections (2) and (3) apply in relation to that information as if it had been included in, or accompanied, the notice or plans referred to in subsection (1).

(5)If revised information is submitted under subsection (4), the relevant period referred to in subsection (3) runs from the date on which that information is received by the local authority.

(6)For the purposes of this Measure, “the relevant period” (“y cyfnod perthnasol”) means five weeks or such extended period expiring not later than two months from—

(a)the giving of such notice or the deposit of such plans, or

(b)where subsection (4) applies, the date on which the information is received by the local authority,

as may before the expiration of the five weeks, be agreed in writing between the local authority and the person giving such notice or depositing such plans.

(7)In any case where a question arises as to the correctness of the opinion of a local authority on which notice given under subsection (3) was based, the person to whom such notice was given may refer the question to the Welsh Ministers for determination and the Welsh Ministers may quash, vary or confirm that notice.

(8)A reference to the Welsh Ministers under subsection (7) must be accompanied by such fee as may be prescribed.

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Commencement Information

I1S. 3 partly in force; s. 3(1)(2) in force for certain purposes at Royal Approval, see s. 9(2)(a).

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