Fire Safety and Safety of Places of Sport Act 1987

29 Amendment, cancellation etc. of certificates. E+W+S

(1) The local authority who have issued a safety certificate for a regulated stand at a sports ground—

(a) shall, if at any time it appears to them that the stand in respect of which it was issued is not or has ceased to be a regulated stand, revoke their previous determination and, by notice to its holder, cancel the certificate;

(b) may, in any case where it appears appropriate to them to do so, amend the certificate by notice to its holder: or

(c) may replace the certificate.

[F1 (1A) The local authority shall, if it appears to them that a safety certificate would require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it, amend the safety certificate by notice in writing to its holder; but nothing in this subsection shall be taken to require the local authority to take any action unless they are aware of such an inconsistency between a safety certificate and the Order.]

[F2 (1A) The local authority shall, if it appears to them that a safety certificate would require a person to contravene any provision of Part 3 of the Fire (Scotland) Act 2005 (asp 5) or regulations made by virtue of that Part, amend the safety certificate by notice in writing to its holder so as to remove the requirement.]

(2) A safety certificate may be cancelled, amended or replaced under subsection (1) above either on the application of the holder or without such an application.

(3) Section 27 above shall apply on the amendment or replacement of a safety certificate.

(4) A notice under subsection (1)(b) [F3 or (1A)] above amending a general safety certificate shall specify the date on which the amendment to which it relates is to come into operation, and the date so specified may be a date later than the date of issue of the notice.

(5) If the local authority receive an application for the transfer of a safety certificate for a regulated stand at a sports ground from the holder to some other person it shall be their duty to determine whether that person would, if he made an application for the purpose, qualify for the issue of the certificate; and if they determine that he would, they may transfer the certificate to him and shall in any case notify him of their determination.

(6) An application under subsection (5) above may be made either by the holder of the safety certificate or by the person to whom it is proposed that it should be transferred.

F4 (7) The local authority shall send a copy of an application for the transfer of a safety certificate for a regulated stand at a sports ground to [F4 the chief officer of police and where the local authority is in [F5 Wales,] Greater London or a metropolitan county the fire authority or, in any other case, the building authority for the area in which it] [F4 —

(a) the chief officer of police, and

(b) if the local authority are not the fire and rescue authority, the fire and rescue authority, and

(c) if the local authority are not the building authority, the building authority,

for the area in which the sports ground] is situated.

(8) The local authority shall consult [F6 the chief officer of police and where the local authority is in [F5 Wales,] Greater London or a metropolitan county, the fire authority or, in any other case, the building authority about][F6 —

(a) the chief officer of police, and

(b) if the local authority are not the fire and rescue authority, the fire and rescue authority, and

(c) if the local authority are not the building authority, the building authority,

about] any proposal to amend, replace or transfer a safety certificate.

(9) The holder of a safety certificate may surrender it to the local authority, and it shall thereupon cease to have effect.

(10) The local authority may cancel a safety certificate if the holder dies or (if a body corporate) is dissolved.

Textual Amendments

F1 S. 29(1A) inserted (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 42(3)(a) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

F2 S. 29(1A) inserted (S.) (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 13(3)(a)

F3 Words in s. 29(4) inserted (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 42(3)(b) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2) and (S.) (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 13(3)(b)

F4 Words in s. 29(7) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 63(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F5 Words in s. 29(7)(8) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 81(1)(b) (with ss. 54(5)(7), 55(5) Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F6 Words in s. 29(8) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 63(3); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2