Health and Safety at Work etc. Act 1974

Amendments of [1936 c. 49.] Public Health Act 1936

1 In section 64 of the 1936 Act (passing or rejection of plans)—

(a) for subsection (3) substitute—

“(3) Where plans of any proposed work deposited with a local authority are rejected in pursuance of the preceding provisions of this section, the person by whom or on whose behalf they were deposited may appeal against the rejection to the Secretary of State within the prescribed time and in the prescribed manner; and where the rejection results wholly or partly from the fact that a person or body whose approval or satisfaction in any respect is required by the regulations has withheld approval or not been satisfied, an appeal under this subsection may be brought on (or on grounds which include) the ground that the person or body in question ought in the circumstances to have approved or been satisfied in that respect.”; and

(b) subsection (4) shall cease to have effect.

2 In section 65 of the 1936 Act (power to require removal or alteration of work not in conformity with building regulations etc.)—

(a) in subsection (1), after "therein" insert " and additions thereto and to execute such additional work in connection therewith ";

(b) after subsection (2) insert as subsection (2A)—

“(2A) Where a local authority have power to serve a notice under subsection (1) or (2) above on the owner of any work, they may in addition or instead serve such a notice on one or more of the following persons, namely the occupier and any builder or other person appearing to the authority to have control over the work.”;

(c) in subsection (3), after " therein " insert " and additions thereto and execute such additional work in connection therewith " , and at the end add as a proviso—

“Provided that where a notice under subsection (1) or (2) above is given to two or more persons in pursuance of subsection (2A) above, then—

(a) if they are given the notices on different dates, the said period of twenty-eight days shall for each of them run from the later or latest of those dates; and

(b) if the notice is not complied with before the expiration of the said period or such longer period as a court of summary jurisdiction may on the application of any of them allow, any expenses recoverable as aforesaid may be recovered from any of them.”; and

(d) in subsection (4), for " or subsection (2)" substitute " , (2) or (2A) " , and at the end add as a proviso—

“Provided that, in a case where plans were deposited nothing in this subsection shall be taken to prevent such a notice from being given (before the expiration of twelve months from the completion of the work in question) in respect of anything of which particulars were not required to be shown in the plans.”.

3 In section 90 of the 1936 Act (interpretation of Part II of that Act)—

(a) in subsection (2) (extended meaning, in that Part and building regulations, of references to the erection of a building), for the words from " and, so far " to " those regulations " substitute " except sections 61 to 71 and any other enactment to which section 74(1) of the Health and Safety at Work etc. Act 1974 applies "; and

(b) for subsection (3) (meaning of references to deposited plans) substitute—

“(3) In this Part of this Act, unless the context otherwise requires.—

(a) any reference to the deposit of plans in accordance with building regulations shall be construed as a reference to the deposit of plans in accordance with those regulations for the purposes of section 64 of this Act; and

(b) " plans" includes drawings of any other description and also specifications or other information in any form, and any reference to the deposit of plans shall be construed accordingly.”