Smoke Detectors Act 1991

5 Effect of initial notice under Part II of Building Act 1984

(1) This section applies where—

(a) an initial notice is in force in respect of any work specified in the notice which consists of the construction of a dwelling (whether such work forms the whole or part of the work so specified); and

(b) the person who constructs the dwelling, or arranges for it to be constructed, does so in the course of a business carried on by him.

(2) So long as the initial notice continues in force, the duty of enforcing the provisions of section 1 above that is conferred on a local authority by section 4 above is not exercisable in relation to the dwelling concerned, and accordingly a local authority may not take proceedings in respect of an offence committed under that section in relation to that dwelling.

(3) Where, in respect of any work, an approved inspector is under a duty to give a final certificate to any person by virtue of section 51(1) of the 1984 Act (certificate of completion of work and discharge of functions), the approved inspector shall not give the certificate unless he has taken such steps as are reasonable to enable him to determine whether or not the requirement mentioned in section 1(2) above is complied with in relation to the dwelling concerned.

(4) If the approved inspector is satisfied that the requirement so mentioned is complied with in relation to the dwelling—

(a) he shall issue a certificate to that effect; and

(b) when he gives to any person the final certificate relating to the work consisting of the construction of that dwelling, he shall at the same time give to that person the certificate issued under this subsection.

(5) Where—

(a) an initial notice ceases by virtue of section 51(3) of the 1984 Act to apply in respect of any work (acceptance by local authority of final certificate); and

(b) the approved inspector has issued and given a certificate in accordance with subsection (4) above in respect of the dwelling concerned,

subsection (2) above continues to apply, by virtue of this subsection, in relation to the dwelling as if the initial notice continued in force.

(6) A person is guilty of an offence if—

(a) he gives a certificate which purports to comply with subsection (4)(a) above and which contains a statement that he knows to be false or misleading in a material particular; or

(b) he recklessly gives a certificate which purports to comply with that subsection and which contains a statement that is false or misleading in a material particular.

(7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.