Office of Public Sector Information

Section 132.

SCHEDULE 5 Transitional Provisions

Joint application to the Secretary of State for the determination of certain questions relating to building regulations

1After the date on which section 30 of this Act ceases to have effect by virtue of an order made under subsection (4) of that section, that section continues to apply in relation to an application referred to the Secretary of State under that section before that date.

The Clean Air Act 1956 and the Housing Act 1957

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repeal and amendment of Acts etc

3Any power that is exercisable by virtue of—

(a)section 317 of the M1Public Health Act 1936,

(b)section 82 of the Public Health Act 1961,

(c)section 82, 83 or 84 of the M2London Government Act 1963,

(d)section 252 or 254 of the M3Local Government Act 1972, or

(e)section 48 of the M4Local Government (Miscellaneous Provisions) Act 1982,

in relation to a provision that is repealed and re-enacted by this Act is exercisable in relation to that provision as so re-enacted to the extent to which it would have been exercisable immediately before such repeal.

4(1)Section 64(5) of the Act of 1936, in so far as it relates to the retention of plans or other documents by a local authority, continues to have effect (notwithstanding its repeal by the Act of 1974) as respects documents deposited in duplicate in pursuance of existing regulations until regulations with respect to the retention by local authorities of copies of deposited plans have been made under paragraph 2(c) of Schedule 1 to this Act and apply in relation to the documents so deposited.

(2)In this paragraph—

• “the Act of 1936” means the Public Health Act 1936;

• “the Act of 1961” means the Public Health Act 1961;

• “the Act of 1974” means the M1Health and Safety at Work etc. Act 1974;

• “existing regulations” means regulations made under section 4 of the Act of 1961 that, on the coming into force of the provisions specified in the Schedule to the M2Health and Safety at Work etc. Act 1974 (Commencement No. 4) Order 1977, had effect in accordance with section 61(6) of the Act of 1974 whether in the form in which they accordingly had effect or as amended.

5Without prejudice to the power to make building regulations, the repeal of section 70(1) of the M1Health and Safety at Work etc. Act 1974, and the re-enactment in this Act of that subsection down to “Wales”, do not of themselves cause any building regulations to apply to inner London that were prevented by that subsection from so applying.

Section 133(1).

SCHEDULE 6 Consequential Amendments

The M1Restriction of Ribbon Development Act 1935

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

The M1Public Health Act 1936

2In section 6(1) of the Public Health Act 1936, after the words “except section 46,” (which with other words were inserted by the M1Public Health (Control of Disease) Act 1984) there is inserted “or of the Building Act 1984,”.

3In section 269(8)(i) of that Act, for “the building byelaws of the local authority” there is substituted “building regulations”.

The M1Atomic Energy Authority Act 1954

4In section 5(5) of the Atomic Energy Authority Act 1954, for “Section 71 of the Public Health Act 1936” there is substituted “Section 4 of the Building Act 1984”.

The M1Clean Air Act 1956

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M1Housisng Act 1957

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

The M1Radioactive Substances Act 1960

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M1Public Health Act 1961

8In section 17(15) of the Public Health Act 1961 (as substituted by section 27(1) of the M1Local Government (Miscellaneous Provisions) Act 1982), for “section 39 of the Public Health Act 1936” there is substituted “section 59 of the Building Act 1984”.

The M1London Government Act 1963

9In paragraph 19 of Part I of Schedule 11 to the London Government Act 1963, for “Sections 87 and 88, in their” there is substituted “Section 87, in its”.

10In paragraph 9(5) of Part II of Schedule 11 to that Act, for “section 27 of the Public Health Act 1961” there is substituted “section 79 of the Building Act 1984”.

The M1Offices, Shops and Railway Premises Act 1963

11In section 9(6) of the Offices, Shops and Railway Premises Act 1963, for “sections 44 to 46” there is substituted “section 45”.

The M1Faculty Jurisdiction Measure 1964

12In section 2(4) of the Faculty Jurisdiction Measure 1964—

(a)in paragraph (i), for “section 58 of the Public Health Act 1936” there is substituted “section 77 of the Building Act 1984”;

(b)in paragraph (iii), for “section 25 of the Public Health Act 1961” there is substituted “section 78 of the Building Act 1984”;

(c)in paragraph (iv), for “section 27 of the Public Health Act 1961” there is substituted “section 79 of the Building Act 1984”.

The M1Fire Precautions Act 1971

13For section 30(3)(a) and (b) of the Fire Precautions Act 1971 there is substituted—

“(a)section 71(1) to (4) of the Building Act 1984;”

(b)section 72 (except subsection (5)) of that Act;.

The M1Local Government Act 1972

14In section 181(2)(a) of the Local Government Act 1972, for “sections 14 to 42” there is substituted “sections 15, 17 to 24, 27, 29 to 34, 36 and 42”.

The M1Safety of Sports Grounds Act 1975

15In section 9(1)(c) of the Safety of Sports Grounds Act 1975, for “section 59 of the Public Health Act 1936” there is substituted “sections 24 and 71 of the Building Act 1984”.

The M1Local Land Charges Act 1975

16In section 1(1)(a) of the Local Land Charges Act 1975, after the words “by that Act)” (which with other words were inserted by the M1Highways Act 1980) there is inserted “or the Building Act 1984”.

The M1Local Government (Miscellaneous Provisions) Act 1976

17In section 12(3) of the Local Government (Miscellaneous Provisions) Act 1976, for the words from “Building regulations” to “alteration; and” there is substituted “Subsections (1) and (2) above have effect subject to paragraph 11(2) of Schedule 1 to the Building Act 1984; and”.

The M1Development of Rural Wales Act 1976

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

The M1Interpretation Act 1978

19In Schedule 1 to the Interpretation Act 1978, in the definition of “Building regulations”, for the words from “means” to the end there is substituted “has the meaning given by section 122 of the Building Act 1984”.

The M1Highways Act 1980

20In section 168(1)(b) of the Highways Act 1980, for “section 25 of the Public Health Act 1961” there is substituted “section 78 of the Building Act 1984”.

21In section 223(1)(a) of that Act, for “section 66 of the Public Health Act 1936” there is substituted “section 32 of the Building Act 1984”.

New Towns Act 1981 M1

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

The M1Public Health (Control of Disease) Act 1984

23There is added at the end of section 7(4) of the Public Health (Control of Disease) Act 1984—

“(k)the Building Act 1984 (other than Parts III of Schedule 3).”