The Local Government Reorganisation (Miscellaneous Provision) (No. 4) Order 1986 No. 452

Article 3

SCHEDULE 2 ENACTMENTS RELATING TO BUILDING CONTROL IN LONDON

1.  In the London Building Act 1930—

(a) in section 5 (definitions), for the definition of “local authority” there shall be substituted “`local authority' in relation to a London borough means the council of that borough and as respects the city means the common council;” and for the definition of “the Council” there shall be substituted “`the Council' means the local authority;”,

(b) in section 143(3) (regulations for building near dangerous business), after “the Council” there shall be inserted “after consulting the fire authority”, and

(c) in section 147(2) (regulations as to building on low-lying land), for “County Hall” there shall be substituted “principal office of the Council”.

2.  In section 8 (procedure as to making of byelaws) of the London Building Act (Amendment) Act 1935 in paragraphs (a)(iii) and (h) for “County Hall” there shall be substituted “principal office of the Council”.

3.  In the London Building Acts (Amendment) Act 1939—

(a) in section 4(1) (interpretation), in the definition of “tribunal of appeal” after “constituted” there shall be inserted “for an inner London borough or the City”,

(b) in section 20 (precautions against fire), in subsections (2A) and (2C)(1) after “the Council” there shall be inserted “after consulting the fire authority” and in subsection (2F)(2)for “County Hall” there shall be substituted “principal office of the Council”,

(c) in section 21(4A)(b)(3) (Uniting of buildings), after “the Council” there shall be inserted “after consulting the fire authority”.

(d) in section 30 (consent to special and temporary buildings etc.), subsections (2) to (6) shall be omitted and in subsection (7) for “The provisions of subsections (1) and (2)” there shall be substituted “subsection (1)”.

(e) in section 34 (protection against fire), in subsection (1) after “the Council” there shall be inserted “after consulting the fire authority”, and in subsection (2)(4) for “County Hall” there shall be substituted “principal office of the Council”,

(f) in section 35 (protection against fire), in subsection (1) after “the Council if in their opinion” there shall be inserted “after consulting the fire authority”, and in subsection (4) for “County Hall” there shall be substituted “principal office of the Council”,

(g) in sections 36, 37(1), 38(1) and 39, after “the Council” (in each case where those words occur) or “The Council” there shall be inserted “after consulting the fire authority”,

(h) in section 109(1) (constitution of tribunal of appeal) after “constituted” there shall be inserted “for each inner London borough and for the City”,

(i) in sections 111(1) and 113(1) for “County Hall” there shall be substituted “principal office of the Council”,

(j) for section 120 there shall be substituted—

“Abolition of existing tribunal

120.— (1) The tribunal of appeal constituted in accordance with this Act prior to the 1st April 1986 shall cease to exist on that date.

(2) The provisions of section 98 of the Local Government Act 1985 shall apply in relation to the authority abolished by subsection (1) above as they apply in relation to the councils mentioned in subsection (1) of that section.”.

(k) in section 142 (power of entry), for subsection (2)(b) there shall be substituted—

“(b) as respects any matter in respect of which the Council are required by the London Building Acts to consult the fire authority, the reference in paragraph (a) of this subsection to an authorised officer of the Council shall include an authorised officer of the fire authority”

,and

(l) in section 145(3) (submission of plans), for “County Hall” there shall be substituted “principal office of the Council”.

4.  In section 4(7) of the Greater London Council (General Powers) Act 1971 for “to the Council” there shall be substituted “to the Secretary of State”.

5.  In paragraph 11(1)(a) of Schedule 1 (building regulations) to the Building Act 1984 for “paragraph (a)” there shall be substituted “(as it applies for the purposes of Parts I and II of this Act)”.

6.  In regulation 2(3) of the Building (Inner London) Regulations 1985 for “the Greater London Council” there shall be substituted “a local authority in inner London”.

(1)

Inserted by the Building (Inner London) Regulations 1985 (S.I. 1985/1936).

(2)

(d) Inserted by the Building (Inner London) Regulations 1985 (S.I. 1985/1936).

(3)

Inserted by S.I. 1985/1936.

(4)

Substituted by S.I. 1985/1936.