Page:Health and Safety at Work etc. Act 1974 (UKPGA 1974-37 qp).pdf/113

Sch. 7

(b) in subsection (3), there shall be added the words—

“(d) be framed to any extent by reference to a document published by or on behalf of the Secretary of State or any other person.”;

(c) at the end of the section there shall be added the following subsection—

“(7) The Secretary of State may by order made by statutory instrument repeal or modify any enactment to which this subsection applies if it appears to him that the enactment is inconsistent with, or is unnecessary or requires alteration in consequence of, any provision contained in the building standards regulations.

This subsection applies to any enactment contained in any Act passed before or in the same Session as the Health and Safety at Work etc. Act 1974 other than an enactment contained in the Building (Scotland) Act 1959.”

2. In section 4 (relaxation of building standards regulations)—

(a) for subsection (5) there shall be substituted the following subsections—

“(5) A direction under subsection (1)(b) above—

(a) shall, if it so provides, cease to have effect at the end of such period as may be specified in the direction;

(b) may be varied or revoked by a subsequent direction of the Secretary of State.

(5A) If at any time a direction under subsection (1)(b) above ceases to have effect by virtue of subsection (5)(a) above or is varied or revoked under subsection (5)(b) above, that fact shall not affect the continued operation of the direction (with any conditions specified therein) in any case in which before that time an application for a warrant in connection with the construction or change of use of a building, part or all of which is of the class to which the direction relates, was, in accordance with regulations made under section 2 of this Act, lodged with a buildings authority.”;

(b) in subsections (6) and (7), after the words “subsection (1)(b)” there shall be inserted the words “or (5)(b)”;

(c) after subsection (7) there shall be inserted the following subsection:—

“(7A) A person making an application under subsection (1)(b) above shall pay to the Secretary of State such fee as may be prescribed; and regulations made by virtue of this subsection may prescribe different fees for different cases:

Provided that the Secretary of State may in any particular case remit the whole or part of any fee payable by virtue of this subsection.”.