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108c. 37
Health and Safety at Work etc. Act 1974

Sch. 6

local authority, the local authority shall at once transmit the application to the Secretary of State and give notice to the applicant that it has been so transmitted.

(6) An application by a local authority in connection with a building or proposed building in the area of that authority shall be made to the Secretary of State except where the power of giving the direction is exercisable by that authority.

(7) The provisions of Part I of the First Schedule to this Act shall have effect as regards any application made under this section for a direction which will affect the application of building regulations to work which has been carried out before the making of the application.

(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.

. . . . .

7.—(1) If a local authority refuse an application to dispense with or relax any requirement in building regulations which they have power to dispense with or relax, or grant such an applicatiion subject to conditions, the applicant may in the prescribed manner appeal to the Secretary of State within the prescribed period from the date on which the local authority notify the applicant of their decision on the application.

(2) If within the prescribed period the local authority do not notify the applicant of their decision on the application, subsection (1) of this section shall appply in relation to the application as if the local authority had refused the application and notified the applicant of their decision at the end of the said period.

. . . . . . . . . . . .

(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.


Section 75.
1959 c. 24.

SCHEDULE 7
Amendments of Building (Scotland) Act 1959

1. In section 3 (building standards regulations)—

(a) in subsection (2), after the words “health, safety” there shall be inserted the word “welfare”, and at the end there shall be added the words “and for furthering the conservation of fuel and power”;