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The Regulatory Reform (Fire Safety) Order 2005

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Building Act 1984

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33.—(1) The Building Act 1984(1) is amended as follows.

(2) In section 48 (effect of initial notice), omit subsection (4).

(3) In section 51B(2) (effect of amendment notice), omit subsection (2).

(4) Omit section 71 (entrances and exits required in certain cases).

(5) In section 72 (means of escape from fire)—

(a)in subsection (6), omit paragraphs (b) and (c); and

(b)omit subsection (7).

(6) In section 81(3) (local authority power to serve notice about demolition)—

(a)for subsection (6)(b) substitute—

(b)if it contains such a requirement as is specified in section 82(1)(i) below, to the fire and rescue authority, if they are not themselves the fire and rescue authority.; and

(b)omit subsection (7).

(7) In section 82 (notices under section 81), for subsection (1)(i) substitute—

(i)to make such arrangements with regard to the burning of structures or materials on the site as may be reasonably required by the fire and rescue authority;.

(8) In section 126 (interpretation) for the definition of “fire and rescue authority” substitute—

“fire and rescue authority” in relation to any premises or proposed premises, means—

(a)

where the Regulatory Reform (Fire Safety) Order 2005 applies to the premises or proposed premises, the enforcing authority within the meaning given by article 25 of that Order;

(b)

in any other case, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the premises are or are to be situated ;.

(1)

1984 (c. 55). Relevant amendments were made by the Fire and Rescue Services Act 2004 (c. 21), section 53 and paragraph 57 of Schedule 1.

(2)

Section 51B was inserted by S.I. 1996/1905.

(3)

Section 81(1)(a) was amended by the Housing and Planning Act 1986 (c. 63), section 24 and paragraph 11 of Schedule 5 and by the Housing (Consequential Provisions) Act 1985 (c. 71), section 4 and paragraph 58 of Schedule 2.

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