Office of Public Sector Information

10B Provision as to offences

(1)It shall be an offence for any person to contravene any prohibition or restriction imposed by a prohibition notice.

(2)In any proceedings for an offence under subsection (1) above where the person charged is a person other than the person on whom the prohibition notice was served, it shall be a defence for that person to prove that he did not know and had no reason to believe the notice had been served.

(3)Any person guilty of an offence under subsection (1) above shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

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

(3)In section 43(1) of the principal Act (interpretation), after the definition of “prescribed” there shall be inserted the following definition—

““prohibition notice” has the meaning assigned by section 10(2) of this Act;”.

Inspections of premises

10 Inspections of premises

Section 18 of the principal Act (enforcement) shall be amended—

(a)by insertion in subsection (1), after the word “inspectors”, of the words “and cause premises to be inspected”; and

(b)by the insertion, after subsection (2), of the following subsection—

“(3)In performing the duty imposed by subsection (1) above so far as it requires premises in their areas to be inspected, fire authorities shall act in accordance with such guidance as the Secretary of State may give them.”

11 Disclosure of information obtained in premises

Section 21 of the principal Act (restriction on disclosure of information obtained in premises) shall be amended—

(a)by the insertion, at the beginning, of the words “(1) Subject to subsection (2) below,”; and

(b)by the insertion, at the end, of the following subsections—

“(2)

Nothing in subsection (1) above prohibits the disclosure of information to an enforcing authority within the meaning of the Health and Safety at Work etc. Act 1974 in order to enable that authority to discharge any function falling within its field of responsibility.

(3)Section 18(7) of the Health and Safety at Work etc. Act 1974 (meaning in Part I of that Act of “enforcing authority” and of such an authority’s “field of responsibility”) shall apply for the purposes of this section as it applies for the purposes of that Part.”

Civil and other liability

12 Civil and other liability

(1)After section 27 of the principal Act there shall be inserted the following section—

“27A Civil and other liability

Except in so far as this Act otherwise expressly provides, and subject to section 18 of the Interpretation Act 1978 (offences under two or more laws), the provisions of this Act shall not be construed as—

(a)conferring a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of a provision of this Act, of any regulations thereunder or of any fire certificate or notice issued or served thereunder by the fire authority; or

(b)affecting any requirement or restriction imposed by or under any other enactment whether contained in a public general Act or in a local or private Act; or

(c)derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.”

(2)In consequence of subsection (1) above, section 43(2) of the principal Act shall be omitted.

Miscellaneous

13 Removal of exemption for premises used for public religious worship

Premises appropriated to, and used solely or mainly for, public religious worship shall cease to be exempt from the requirement for a fire certificate if put to a designated use and accordingly—

(a)in section 2 of the principal Act (exemptions), there shall be omitted the words from “of any of the following” to “premises” where last occurring; and

(b)in section 12(1) (fire regulations), for the words “any description falling within any paragraph of” there shall be substituted the words “the description given in” and the words “other than paragraph (d)” shall be omitted.

14 Breaches of fire certificate requirements: restriction of defence

In section 7(4) of the principal Act (offence of contravening fire certificate requirements except where person charged does not know of his responsibility), after the words “Provided that a person” there shall be inserted the words “other than the occupier of the premises”.

15 Automatic means for fighting fire

In section 5(3)(c) (fire authority to be satisfied regarding means for fighting fire before issuing a fire certificate with respect to any premises) and section 6(1)(d) (contents of a fire certificate regarding means for fighting fire) of the principal Act the words from “for use” to “the building” shall be omitted.

16 Special provision for certain premises

(1)After section 28 of the principal Act there shall be inserted the following section—

“28A Special provision for factory, office, railway and shop premises

(1)This Act shall have effect in relation to premises of the descriptions specified in Part I of Schedule 2 to this Act subject to the modifications specified in Part II of that Schedule.

(2)The Secretary of State may by order vary the provisions of that Schedule by amending, omitting or adding to the descriptions of premises or the modifications for the time being specified in it if it appears to him to be necessary or expedient in connection with any provision made by health and safety regulations under section 15 of the Health and Safety at Work etc. Act 1974.

(3)The power to make an order under this section is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(2)After the Schedule to the principal Act, which shall become Schedule 1 to that Act, there shall be inserted as Schedule 2 to that Act the Schedule set out in Schedule 1 to this Act.

(3)In the principal Act—

(a)in section 34 (modification of certain enactments relating to Scotland) for the words “the Schedule” there shall be substituted the words “Schedule 1”; and

(b)in section 43(1) (definitions) in the definition of “the court” the words “and the Schedule thereto” shall cease to have effect.

17 Extension of power to apply Act

Section 35 of the principal Act (power for Secretary of State to apply Act to vessels and movable structures) shall be amended by the insertion, at the end of paragraph (b), of the words “; and

(c)places of work in the open air of any prescribed description.”

18 Application to Crown etc

(1)Section 40 of the principal Act (application of Act to Crown etc.) shall have effect with the following amendments.

(2)In subsection (1)(a) (provisions applying to premises occupied by the Crown) after “4” there shall be inserted “5(2A), 5A, 5B,” and for the words “9A (except subsection (4))” there shall be substituted the words “9A (except subsections (3) and (4)), 9B and 9C”.

(3)In subsection (1)(b) (provisions applying to premises owned but not occupied by the Crown), after “8” there shall be inserted “8A, 8B,”, after “9A” there shall be inserted “9B, 9C, 9D, 9F,” and after “10,” there shall be inserted “10B,”.

(4)After subsection (10A), there shall be inserted the following subsection—

“(10B)This Act shall apply to premises occupied by the National Radiological Protection Board as if they were premises occupied by the Crown.”