Smoke Detectors Act 1991

2 Relaxation of requirement as to smoke detectors

(1) Where, in relation to any dwelling—

(a) an application in writing for a direction under this subsection is made to the local authority for the area in which the dwelling is or is to be situated; and

(b) the authority consider it would be unreasonable for the dwelling to be fitted with smoke detectors in accordance with the requirement mentioned in section 1(2) above,

the authority may give a direction dispensing with or relaxing the requirement in relation to the dwelling.

(2) Before giving a direction under subsection (1) above, a local authority (other than the Council of the Isles of Scilly) shall consult the fire authority for the area in which the dwelling is or is to be situated.

(3) If a local authority refuse an application under subsection (1) above, the applicant may, by notice in writing, appeal to the Secretary of State within one month from the date on which the local authority notify the applicant of their refusal.

(4) If within—

(a) a period of two months beginning with the date of an application; or

(b) such extended period as may at any time be agreed in writing between the applicant and the local authority,

the local authority do not notify the applicant of their decision on the application, subsection (3) above applies in relation to the application as if the local authority had refused the application and notified the applicant of their decision at the end of the period in question.

(5) The notice of appeal shall set out the grounds of appeal and a copy of the notice of appeal shall be sent to the local authority.

(6) The local authority, on receiving a copy of the notice of appeal, shall at once transmit to the Secretary of State a copy of the application and a copy of all the documents furnished by the applicant for the purposes of his application.

(7) The local authority shall at the same time give to the Secretary of State in writing any representations that they desire to make as regards the appeal and shall send a copy to the applicant.

(8) If the Secretary of State allows the appeal he shall give such directions dispensing with or relaxing the requirement mentioned in section 1(2) above as may be appropriate.