104c. 37
Health and Safety at Work etc. Act 1974
Sch. 6
- (d) after subsection (7), there shall be inserted as subsections (7A) and (7B)—
- “(7A) If, on an application to the Secretary of State for a direction under this section, the Secretary of State considers that any requirement of building regulations to which the application relates is not applicable or is not or would not be contravened in the case of the work or proposed work to which the application relates, he may so determine and may give any directions that he considers necessary in the circumstances.
- (7B) A person who contravenes any condition specified in a direction given under this section or permits any such condition to be contravened shall be liable to a fine not exceeding £400 and to a further fine not exceeding £50 for each day on which the offence continues after he is convicted.”; and
- (e) subsection (8) shall be omitted.
6. In section 7 of the 1961 Act (appeal against local authority’s refusal to dispense with or relax requirements of building regulations)—
- (a) in subsection (1), after second “relax” insert “or grant such an application subject to conditions”, for “by notice in writing” substitute “in the prescribed manner”, for “one month” substitute “the prescribed period” and for “refusal” substitute “decision on the application”:
- (b) in subsection (2), for the words from “a period” to “and the local authority” substitute “the prescribed period”;
- (c) subsections (3) to (6) shall be omitted; and
- (d) at the end there shall be added the following subsection:—
- “(7) Section 6(7A) of this Act shall apply in relation to an appeal to the Secretary of State under this section as it applies in relation to an application to him for a direction under section 6.”.
7. For section 8 of the 1961 Act (advertisement of proposal to relax building regulations) substitute—
- “Opportunity to make representations about proposal to relax building regulations.
- 8.—(1) Before the Secretary of State or a local authority give a direction under section 6 of this Act the prescribed steps shall be taken for affording to persons likely to be affected by the direction an opportunity to make representations about it; and before giving the direction the Secretary of State or, as the case may be, the local authority shall consider any representations duly made in accordance with the regulations.
- (2) Building regulations—
- (a) may make provision as to the time to be allowed for making representations under the preceding subsection;
