The Regulatory Reform (Fire Safety) Order 2005

Fire Safety and Safety of Places of Sport Act 1987

42.—(1) The Fire Safety and Safety of Places of Sport Act 1987(1) is amended as follows.

(2) In section 27 (contents of safety certificates) after subsection (3) insert—

“(3A) No condition of a safety certificate shall require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it.”.

(3) In section 29 (amendment, cancellation etc. of certificates)—

(a) after subsection (1) insert—

“(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.”;

(b) in subsection (4) after “(1)(b)” insert “or (1A)”; and

(4) After section 29 insert—

“Safety certificates: fire safety

29A.   A safety certificate has no effect to the extent that it would require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it.”.

(5) In section 33(1)(2) (exclusion of other statutory requirements)—

(a) omit paragraph (b); and

(b) in paragraph (d) for the words “sections 24 and 71” substitute “section 24”.

(1)

1987 (c. 27). Relevant amendments were made by the Local Government (Wales) Act 1994 (c. 19), section 66 and Schedule 16 and by the Fire and Rescue Services Act 2004, section 53 and paragraph 63 of Schedule 1.

(2)

Section 33 was amended by the Licensing Act 2003 (c. 17), section 198 and paragraph 106 of Schedule 6.