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Fire Precautions Act 1971

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17 Duty of fire authorities to consult other authorities before requiring alterations to buildings.E+W+S

(1)Before a fire authority—

(a)serve on the applicant for a fire certificate with respect to any premises a notice under section 5(4) of this Act informing him that they will not issue a certificate unless alterations are made to the relevant building; or

(b)serve in respect of any premises a notice under section 8(4) or (5) [F1, section 9D] or section 12(8)(b) of this Act mentioning as a step which would have to be taken [F1or, in the case of a notice under section 9D, which must be taken] anything involving the making of alterations to the relevant building,

the authority shall—

(i)if the premises are situated in England or Wales . . . and the fire authority are not the local authority for the area in which the premises are situated, consult that local authority; . . . F2

(ii)if the premises are situated in Scotland, consult the [F3local] authority (within the meaning of . . . F4 the M1Building (Scotland) Act 1959) for the area in which the premises are situated, [F5and]

[F6(iii)if the premises are used as a place of work and are within the field of responsibility of one or more enforcing authorities within the meaning of Part I of the M2Health and Safety at Work etc. Act 1974, consult that authority or each of those authorities.]

(2)For the avoidance of doubt it is hereby declared that a local authority [F7buildings authority or other authority] who have in accordance with this section been consulted by a fire authority proposing to serve any such notice as is mentioned in subsection (1) above may be a person aggrieved within the meaning of section 9 of this Act.

[F8(3)Section 18(7) of the M3Health and Safety at Work etc. Act 1974 (meaning in Part I of that Act of “enforcing authority” and of such an authority’s “field of responsibility”) shall apply for the purposes of this section as it applies for the purposes of that Part.]

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F2Word repealed by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 10

F5Word added by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(a)

F7Words substituted by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(b)

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