Fire Precautions Act 1971 (repealed)

43 Interpretation. E+W+S

(1) In this Act—

• [F1 “appropriate authority”, in relation to any premises or proposed premises, means the relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) ) for the area in which the premises are or are to be situated; ]

• “building” includes a temporary or movable building and also includes any permanent structure and any temporary structure other than a movable one;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

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

• “the court”, except in section 28 of this Act . . . F3 , means, in relation to premises in England or Wales, a magistrates’ court F4 ... and, in relation to premises in Scotland, the sheriff within whose jurisdiction they are situated;

• “designated use” has the meaning assigned by section 1(1) of this Act;

• [F5 “escape” has the meaning assigned to it by section 5(5) of this Act and “means of escape” is to be construed in accordance with that subsection; ]

• F6 ...

• [F7 “fire and rescue authority”, in relation to any premises or proposed premises, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the premises are or are to be situated;]

• “fire certificate” has the meaning assigned by section 1(1) of this Act;

• “fire inspector” means an inspector or assistant inspector appointed under [F8 section 24 of the M1 Fire Services Act 1947 [F8 section 43 of the Fire (Scotland) Act 2005 (asp 5)]];

• “furniture” includes furnishings (including wall-coverings and ceiling-coverings of all sorts, as well as floor-coverings);

• “local authority” means—

  (a) as respects England F9 . . ., the council of a . . . F10 London borough or . . . F10 district, the Common Council of the City of London or the Council of the Isles of Scilly;

  [F11 (aa) as respects Wales, the council of a county or county borough;]

  (b) as respects Scotland, [F12 except in section 17, the [F13 council for a local government area]];

• “notice” means a notice in writing;

• “the notified person” and “the specified position” have the meanings assigned by section 3(8) of this Act;

• “owner”—

  (a) as respects England and Wales, means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent; and

  (b) as respects Scotland, means the person for the time being entitled to receive or who would, if the same were let, be entitled to receive, the rents of the premises in connection with which the word is used and includes a trustee, factor, tutor or curator, and in the case of public or municipal property, applies to the persons to whom the management thereof is entrusted;

• “premises” means building or part of a building;

• “prescribed” means prescribed by regulations made under this Act by the Secretary of State;

• [F14 “ prohibition notice ” has the meaning assigned by section 10(2) of this Act; ]

• “the relevant building”, in relation to—

  (a) any premises in relation to which a notice under section 3 of this Act is in force; or

  (b) any premises which are the subject of an application for a fire certificate; or

  (c) any premises with respect to which a fire certificate is in force,

  means the building constituting or comprising the premises in question.

• [F15 “work” has the same meaning as it has for the purposes of Part I of the M2 Health and Safety at Work etc. Act 1974].

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(3) Except in so far as the context otherwise requires, any reference in this Act to any 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.

Textual Amendments

F1 Words in s. 43(1) inserted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, Sch. 1 para. 3(7)(a); S.S.I. 2005/392, art. 2

F2 Definition of “building regulations” repealed by Health and Safety at Work etc. Act 1974 (c. 37) , Sch. 10

F3 Words repealed by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50) , ss. 16(3)(b) , 49 , Sch. 4

F4 Words in s. 43(1) in the definition of "the court" repealed (1.4.2005) by Courts Act 2003 (c. 39) , s. 110(1) , Sch. 8 para. 146 , Sch. 10 ; S.I. 2005/910 , art. 3(y)

F5 Definition inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50) , s. 4(3)

F6 Definition of "fire authority" in s. 43(1) repealed (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, Sch. 2; S.S.I. 2005/392, art. 2

F7 Words in s. 43(1) substituted (E.W.) (7.9.2004 for specified purposes except in relation to W.; 1.10.2004 for remaining purposes except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21) , s. 61 , Sch. 1 para. 33 ; S.I. 2004/2304 , art. 2 (with art. 3), S.I. 2004/2917, art. 2

F8 Words in s. 43(1) substituted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, Sch. 1 para. 3(7)(b); S.S.I. 2005/392, art. 2

F9 Words in s. 43(1) in para. (a) of the definition of “local authority” repealed (1.4.1996) by 1994 c. 19 , ss. 22(3) , 66(8) , Sch. 9 para. 8 , Sch.18 (with ss. 54(5)(7) , 66(7) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch.2

F10 Words repealed by S.I. 1974/595 , Sch. 1

F11 In s. 43(1) in the definition of “local authority” para. (aa) inserted (1.4.1996) by 1994 c. 19 , s. 22(3) , Sch. 9 para.8 (with ss. 54(5)(7) , 66(7) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch.2

F12 Words substituted by Local Government (Scotland) Act 1973 (c. 65) , Sch. 27 Pt. II para. 200

F13 Words in s. 43(1) in para. (b) of the definition of “local authority” substituted (S.) (1.4.1996) by 1994 c. 39 , s. 180(1) , Sch. 13 para.87 ; S.I. 1996/323 , art.4(1)(c)

F14 Definition inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50) , s. 9(3)

F15 Definition added by Health and Safety at Work etc. Act 1974 (c. 37) , s. 78(1)(9)

F16 S. 43(2) repealed by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50) , ss. 12(2) , 49 , Sch. 4

Modifications etc. (not altering text)

C1 S. 43 applied (with modifications) (1.12.1997) by S.I. 1997/1840 , reg. 17(1)(2)(3)(d)

Marginal Citations

M1 1947 c. 41 .

M2 1974 c. 37 .