Fire Precautions Act 1971

Prospective

Section 34.

[F1 SCHEDULE I] E+W+S Modification of Rent Act 1968 and Corresponding Scottish Acts

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Amendments (Textual)

F1 Words substituted (1.1.1988) by virtue of Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 16(2), 50(2)

Part I E+W+S . . . F2

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Amendments (Textual)

F2 Sch. 1 Pt. I repealed (E.W.) by Rent Act 1977 (c. 42, SIF 75:3), Sch. 25

Part II E+W+S . . . F3

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Amendments (Textual)

F3 Sch. 1 Pt. II repealed (S.) by Housing (Financial Provisions) (Scotland) Act 1972 (c. 46, SIF 61), Sch. 11 Pt. V

Part III E+W+S Modifications of [F4 M1 Rent (Scotland) Act 1984]

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Amendments (Textual)

F4 Words substituted by virtue of Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. I para. 2

Marginal Citations

M1 1984 c. 58 (75:4)

Steps mentioned in certain notices under this Act to count as improvements for certain purposes of M2 Rent (Scotland) Act 1971 E+W+S

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Marginal Citations

M2 1971 c. 28.

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W+S

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Amendments (Textual)

F5 Sch. 1 Pt. III paras. 1, 3(2)(3) repealed (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4)

2 In relation to a dwelling-house consisting of or comprised in premises— E+W+S

(a) with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling-house as a dwelling; or

(b) which are the subject of an application for a fire certificate specifying as a use of the premises which it is desired to have covered by the certificate a use such that, if a certificate covering that use were issued, it would cover (in whatever terms) the use of the dwelling-house as a dwelling,

section [F6 47] of, and [F6 Schedule 6] to, the [F6 Act of 1984] (which relate to certificates of fair rent) shall have effect as if in subsection (1)(a) of that section the reference to making improvements in the dwelling-house included a reference to taking in relation to the relevant building any steps mentioned in a notice served in connection with the premises under section 5(4), 8(4) or (5) or 12(8)(b) of this Act; and any step mentioned in such a notice shall, for the purposes of the said section [F6 47] and [F6 Schedule 6], in their application to such a dwelling-house, be treated (whether or not apart from this paragraph it would be so treated) as an improvement.

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Amendments (Textual)

F6 Words substituted (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. II

Modification of [F7 Rent (Scotland) Act 1984] in cases where rent is increased by virtue of section 28(3)(b) of this Act E+W+S

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Amendments (Textual)

F7 Words substituted by virtue of Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. I para. 2

3 (1) Where, in the case of any premises consisting of a dwelling-house let on a regulated tenancy, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act and that increase takes effect while a rent for the dwelling-house is registered under Part [F8 V] of the [F8 Act of 1984], being a rent that was so registered before the completion of the alterations or other things falling within section 28(3) of this Act of which the expense was taken into account by the sheriff in making the order, then— E+W+S

(a) the contractual rent limit for any contractual period beginning while the registration of that rent continues to have effect shall be what it would be for that period under section [F8 28(2)] of that Act if the rent so registered had been simultaneously increased by the same amount . . . F9

(b) if the regulated tenancy of the dwelling-house becomes a statutory tenancy, section [F8 29(2)] of that Act (limit of rent during statutory periods of regulated tenancy, and provision for increase up to that limit) shall have effect, in relation to any statutory period of that tenancy beginning while the registration of that rent continues to have effect, as if the rent so registered had been simultaneously increased by the same amount; . . . F10

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(4) Part III of the Rent Act 1968 (rents under regulated tenancies) shall be amended by the insertion of the words “ and paragraph 3 of Part I of the Schedule to the Fire Precautions Act 1971 ”

(a) in section 20 (limit of rent during contractual periods) after the words “section 47(3) of this Act” in subsection (2), and after the word “below” in subsection (3); and

(b) in section 22 (limit of rent during statutory periods), after the words “section 47(3) of this Act” in subsection (2).

(5) Expressions used in this paragraph and in Part III of the Act of 1971 have the same meaning in this paragraph as in that Part.

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Amendments (Textual)

F8 Words substituted (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. II

F9 Words repealed as provided by Housing (Scotland) Act 1988 (c. 43, SIF 61, 75:2), s. 72(3), Sch. 10

F10 Para. 3(1)(c) and the word “and” immediately preceding it added (S.) by Housing (Financial Provisions) (Scotland) Act 1972 (c. 46, SIF 61), Sch. 9 para. 31(3) and repealed by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(3), Sch. 10

F11 Sch. 1 Pt. III paras. 1, 3(2)(3) repealed (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4)

Modifications etc. (not altering text)

C1 The text of Sch. 1 Pt. III para. 3(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 E+W+S

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Amendments (Textual)

F12 Sch. 1 Pt. III para. 4 repealed (S.) by Tenant's Rights Etc. (Scotland) Act 1980 (c. 52, SIF 61), s. 84, Sch. 5

Meaning of “the [F13 Act of 1984]” E+W+S

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Amendments (Textual)

F13 Words substituted (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. II

5 In this Part of this Schedule, “theAct of 1984” means the [F14 M3 Rent (Scotland) Act 1984]. E+W+S

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Amendments (Textual)

F14 Words substituted by virtue of Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. I para. 2

Marginal Citations

M3 1984 c. 58 (75:4)

[F15 Part IV E+W+S Modifications of [F16 Sections 55 to 59] of [F16 the Rent (Scotland) Act 1984]

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Amendments (Textual)

F15 Sch.I Pt. IV added by Housing (Financial Provisions) (Scotland) Act 1972 (c. 46), Sch. 9 para. 31(4)

F16 Words substituted (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. II

Modifications of the said [F17 sections 55 to 59] in cases where rent is increased by virtue of section 28(3)(b) of this Act E+W+S

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Amendments (Textual)

F17 Words substituted (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. II

1 Where, in the case of any premises consisting of a dwelling-house let on a tenancy to which [F18 sections 55 to 59] of the [F18 Act of 1984] apply, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act and that increase takes effect while a rent for the dwelling-house is registered in pursuance of section [F18 56] of the [F18 Act of 1984], being a rent that was so registered before the completion of the alterations or other things falling within section 28(3) of this Act of which the expense was taken into account by the sheriff in making the order, then the amount of the increase shall be added to the rent limit imposed by section [F18 57(2)] of the [F18 Act of 1984] and, subject to paragraph 3 below, references to the registered rent in [F18 section 58] of that Act shall be construed accordingly. E+W+S

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Amendments (Textual)

F18 Words substituted (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. II

2 Where, in the case of any premises consisting of a dwelling-house let on a tenancy to which the said [F19 sections 55 to 59] apply, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act and that increase takes effect while no rent for the dwelling-house is registered in pursuance of section [F19 56] of the [F19 Act of 1984], then the amount of the increase shall be added to the rent limit imposed by section [F19 57(3)] of that Act. E+W+S

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Amendments (Textual)

F19 Words substituted (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. II

3 Where, in the case of any premises consisting of a dwelling-house let on a tenancy to which the said [F20 sections 55 to 59] apply, the rent is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act and that increase takes effect when the rent limit is determined under paragraph (a) or (b) of section [F20 58(2)], . . . F21 , of the [F20 Act of 1984], then the amount of the increase shall be added to the rent limit so determined or, as the case may be, the amount so specified. E+W+S

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Amendments (Textual)

F20 Words substituted (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. II

F21 Words repealed (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(3), Sch. 10

4 Expressions used in this Part of this Schedule and in Part VI of the [F22 Act of 1984] have the same meaning in this Part as in that Part and “theAct of 1984” means [F22 the Rent (Scotland) Act 1984]. E+W+S

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Amendments (Textual)

F22 Words substituted (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. II

[F23 5 There shall be inserted the words “and Part IV of the Schedule to the Fire Precautions Act 1971” in section 57 of the Act of 1984— E+W+S

(a) in subsection (2), after the words “58 below>”; and

(b) in subsection (3), after the words “(5) below”.]

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Amendments (Textual)

F23 Sch. I paras. 5, 6 inserted (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. II

6 There shall be inserted the words “and paragraph 3 of Part IV of the Schedule to the Fire Precautions Act 1971” in section 58(2) of the Act of 1984 after the words “57(5) above”.] E+W+S

[F24 SCHEDULE 2 E+W+S Special Provision for Certain Premises

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Amendments (Textual)

F24 Sch. 2 inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 16(2), 50(2), Sch. 1

Part I E+W+S The Premises

1 Subject to paragraph 2 below, the following are the descriptions of premises in relation to which this Act is subject to the modifications specified in relation to them in Part II— E+W+S

(a) premises constituting, or forming part of, a factory within the meaning of the M4 Factories Act 1961 and premises to which sections 123(1) and 124 of that Act (application to electrical stations and institutions) apply (in this Schedule referred to as “factory premises”);

(b) office premises within the meaning of the M5 Offices, Shops and Railway Premises Act 1963, or premises deemed to be such premises for the purposes of that Act (in this Schedule referred to as “office premises”);

(c) railway premises within the meaning of that Act of 1963, or premises deemed to be such premises for the purposes of that Act (in this Schedule referred to as “railway premises”); and

(d) shop premises within the meaning of that Act of 1963, or premises deemed to be such premises for the purposes of that Act (in this Schedule referred to as “shop premises”).

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Marginal Citations

M4 1961 9 & 10 Eliz. 2 c. 34 (43:3)

M5 1963 c. 41 (43:3)

2 Premises which are deemed to form part of a mine for the purposes of the M6 Mines and Quarries Act 1954 are excluded from the descriptions of premises mentioned in sub-paragraphs (b) to (d) of paragraph 1 above. E+W+S

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Marginal Citations

M6 1954 2 & 3 Eliz. 2 c. 70 (86)

Part II E+W+S The Modifications

3 (1) This paragraph applies to premises in respect of which a fire certificate is required which are factory premises, office premises, railway premises or shop premises, and which— E+W+S

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

(2) In relation to premises to which this paragraph applies this Act shall have effect with the following modifications.

(3) For the references to the occupier in sections 5(2A), 5A(4), 5A(7), 5A(9), 5B(3), 5B(4), 5B(5), 6(5), 7(1), 7(3A), 7(4), 8(2) (except paragraph (c) and the insertion made by sub-paragraph (5) below), 8(4), 8(5), 8(7), 8B(1), 9(5)(b), 9A(3), 9D(1) and 12(8)(b) there shall be substituted—

(a) in the case of premises falling within sub-paragraph (1)(a) above, references to the owner of the building;

(b) in the case of premises falling within sub-paragraph (1)(b) above, references to the persons who between them own the building.

(4) For the words “a fire certificate” where they occur in section 6(8) and where they first occur in section 7(6) there shall be substituted the words “a copy of the fire certificate” and in section 6(8) at the end of the subsection there shall be inserted 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 premises consist”.

(5) In sections 8(2) and 8A(1) after the words “fire authority;” there shall be inserted the words “and the occupier shall, before the carrying out of the proposals is begun, furnish to the persons responsible for giving notice of the proposals to the fire authority any information in his possession which is relevant to those proposals;”.

(6) In section 8A(1) for the references to the occupier (except the reference inserted by sub-paragraph (5) above) there shall be substituted—

(a) in the case of premises—

(i) falling within sub-paragraph (1)(a) above; and

(ii) in relation to which it is intended to carry out proposals falling within subsection (2)(a) or (c) of that section,

references to the owner of the building; and

(b) in the case of premises—

(i) falling within sub-paragraph (1)(b) above; and

(ii) in relation to which it is intended to carry out proposals falling within subsection (2)(a) or (c) of that section,

references to the persons who between them own the building.

(7) The expressions “owner of the building” and “the persons who between them own the building” do not include the Crown in the modifications made—

(a) by sub-paragraph (3) above of sections 7(1), 8(7), 9A(3) and of the word “occupier” in the third place where it occurs in section 8(2); and

(b) by sub-paragraph (6) above of the word “occupier” in the second place where it occurs in section 8A(1).

4 In section 6(1) as it has effect in relation to factory premises there shall be inserted after paragraph (e) the following paragraph— E+W+S

“(f) particulars as to any explosive or highly flammable materials which may be stored or used in the premises,”.

5 In section 8 as it has effect in relation to factory premises— E+W+S

(a) for paragraph (c) of subsection (2) there shall be substituted the following paragraph—

“(c) the occupier of the premises proposes to begin to store or use explosive or highly flammable materials in the premises or materially to increase the extent of such storage or use,”; and

(b) in subsection (3) for the words from “keep explosive” to “that kind” there shall be substituted the words “store or use explosive or highly flammable materials in the premises or materially to increase the extent of such storage or use”.

6 In section 8A as it has effect in relation to factory premises, for paragraph (b) of subsection (2) there shall be substituted the following paragraph— E+W+S

“(b) on the part of the occupier of the premises to begin to store or use explosive or highly flammable materials in the premises or materially to increase the extent of such storage or use;”.

7 Where a licence issued under the M7 Explosives Act 1875 or the M8 Petroleum (Consolidation) Act 1928 is in force with respect to factory premises, office premises, shop premises or railway premises, section 31 of this Act shall not have effect in relation to any term, condition or restriction imposed in connection with the issue, renewal, transfer or variation of such licence. E+W+S

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Marginal Citations

M7 38 & 39 Vict. c. 17 (51:2)

M8 18 & 19 Geo. V c. 32 (100:3

8 Where any premises (“the relevant premises”)— E+W+S

(a) are premises for which a fire certificate is required, premises for which a fire certificate is in force, premises to which section 9A of this Act applies or premises to which regulations under section 12 of this Act apply, and

(b) are factory premises, office premises, shop premises or railway premises,

section 28 shall apply to the premises or to any other premises comprised in the same building—

(i) with the substitution of the foregoing words (reading “this section” for “section 28”) for subsection (1);

(ii) with the insertion, in subsection (2)(a), after “8(5)” of “9D(1)”; and

(iii) with the substitution, for subsection (2)(c) of the following—

“(c) in order to secure compliance with section 9A or a provision of regulations under section 12 of this Act;”.]