Office of Public Sector Information

(7)The fact that an initial notice has ceased to be in force does not affect the right to give a new initial notice relating to any of the work [F3to which the original notice related] and in respect of which no final certificate has been given and accepted; but where—

(a)a plans certificate has been given in respect of any of that work,

(b)the conditions in paragraphs (a) to (c) of subsection (2) above are fulfilled with respect to that certificate, and

(c)such a new initial notice is given and accepted,

section 50(1) above does not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate.

Supervision of their own work by public bodies

54 Giving, acceptance and effect of public body’s notice

(1)This section applies where a body (corporate or unincorporated that acts under an enactment for public purposes and not for its own profit and is, or is of a description that is, approved by the Secretary of State in accordance with building regulations (in this Part of this Act referred to as a “public body”)—

(a)intends to carry out in relation to a building belonging to it work to which the substantive requirements of building regulations apply.

(b)considers that the work can be adequately supervised by its own servants or agents, and

(c)gives to the local authority in whose district the work is to be carried out notice in the prescribed form (called a “public body’s notice”) together with such plans of the work as may be prescribed.

(2)A public body’s notice is of no effect unless it is accepted by the local authority to whom it is given; and that local authority—

(a)may not reject the notice except on prescribed grounds, and

(b)shall reject the notice if any of the prescribed grounds exists,

and, in a case where the work to which the public body’s notice relates is work of such a description that, if plans of if had been deposited with the local authority, the authority could, under an enactment, have imposed requirements as a condition of passing the plans, the local authority may impose the like requirements as a condition of accepting the public body’s notice.

(3)Unless, within the prescribed period, the local authority to whom a public body’s notice is given give notice of rejection, specifying the ground or grounds in question, the authority is conclusively presumed to have accepted the public body’s notice and to have done so without imposing any such requirements as are referred to in subsection (2) above.

(4)Section 48 above has effect for the purposes of this section—

(a)with the substitution of a reference to a public body’s notice for any reference to an initial notice, and

(b)with the substitution, in subsection (2)(a), of a reference to subsection (1)(c) of this section for the reference to section 47(1)(b).

(5)The form prescribed for a public body’s notice may be such as to require the public body by whom it is to be given—

(a)to furnish information relevant for the purposes of this Act, Part II or IV of the M1Public Health Act 1936 or any provision of building regulations, and

(b)to enter into undertakings with respect to consultation and other matters.

(6)Where a public body’s notice is given and accepted by the local authority to whom it is given, the provisions of Schedule 4 to this Act have effect, being provisions that correspond, as nearly as may be, to those made by the preceding provisions of this Part of this Act for the case where an initial notice is given and accepted.

Supplementary

55 Appeals

(1)A person aggrieved by the local authority’s rejection of—

(a)an initial notice [F1, amendment notice]or a public body’s notice, or

(b)a plans certificate, a final certificate, a public body’s plans certificate or a public body’s final certificate,

may appeal to a magistrates’ court acting for the petty sessions area in which is situated land on which there will be, or there has been, carried out any work to which the notice or certificate relates.

(2)On an appeal under subsection (1) above, the court shall—

(a)if it determines that the notice or certificate was properly rejected, confirm the rejection, and

(b)in any other case, give a direction to the local authority to accept the notice or certificate.

(3)Where a person is aggrieved by a determination, confirmation, direction or other decision of a magistrates’ court under this section, he may appeal to the Crown Court.

56 Recording and furnishing of information

(1)Every local authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to initial notices [F1amendment notices, notices under section 51C above,], public body’s notices and certificates given to them, including information [F2(where applicable)] as to whether such notices or certificates have been accepted or rejected.

(2)The information that may be prescribed under subsection (1) above with respect to an initial notice [F3or amendment notice] includes information about the insurance cover provided with respect to the work to which the F4. . .notice relates.

(3)The reference in subsection (1) above to certificates is a reference to plans certificates, final certificates, public body’s final certificates and certificates given under section 16(9) above.

(4)Every register kept under this section shall be available for inspection by the public at all reasonable hours.

(5)Where an initial notice or a public body’s notice has continued in force for any period, the local authority by whom it was accepted may require the approved inspector or public body by whom it was given to furnish them with any information that—

(a)they would have obtained themselves if during that period their function of enforcing building regulations had continued to be exercisable in relation to the work [F5to which the notice relates], and

(b)they require for the purpose of performing their duty under section 230 of the M1Local Government Act 1972 (reports and returns),

and that section shall have effect as if during that period that function had continued to be so exercisable.

57 Offences

(1)If a person—

(a)gives a notice or certificate that—

(i)purports to comply with the requirements of this Part of this Act or, as the case may be, of section 16(9) above, and

(ii)contains a statement that he knows to be false or misleading in a material particular, or

(b)recklessly gives a notice or certificate that—

(i)purports to comply with those requirements, and

(ii)contains a statement that is false or misleading in a material particular,

he is guilty of an offence.

(2)A person guilty of an offence under subsection (1) above is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months or both, and

(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

(3)Where an approved inspector or person approved for the purposes of section 16(9) above is convicted of an offence under this section, the court by or before which he is convicted shall, within one month of the date of conviction, forward a certificate of the conviction to the person by whom the approval was given.

58 Construction of Part II

(1)In this Part of this Act—

[ F1’amendment notice’ has the meaning given by section 51A(2) above;]

• “final certificate” has the meaning given by section 51(1) above;

• “initial notice” has the meaning given by section 47(1) above;

• “plans certificate” has the meaning given by section 50(1) above;

• “public body” and “public body’s notice” have the meanings given by section 54(1) above;

• “public body’s final certificate” has the meaning given by paragraph 3 of Schedule 4 to this Act;

• “public body’s plans certificate” has the meaning given by paragraph 2 of Schedule 4 to this Act.

(2)A reference in this part of this Act to the carrying out of work includes a reference to the making of a material change of use, as defined by and for the purposes of building regulations.

(3)A reference in this Part of this Act to an initial notice given by an approved inspector is a reference to a notice given by him jointly with another person as mentioned in section 47(1)(a) above.