112c. 37
Health and Safety at Work etc. Act 1974
Sch. 7
5. In section 9 (certificates of completion)—
- (a) in subsection (2), for the words “but only if, they are satisfied that” there shall be substituted the words “, so far as they are able to ascertain after taking all reasonable steps in that behalf,”;
- (b) in subsection (3), for the words, “be satisfied as mentioned in the last foregoing subsection” there shall be substituted the words “grant a certificate of completion”;
- (c) after subsection (3) there shall be inserted the following subsection—
- “(3A) In respect of so much of a building as consists of such an installation as may be prescribed, not being an electrical installation, a buildings authority shall not grant a certificate of completion unless there is produced to them a certificate granted by a person of such class as may be prescribed certifying that the installation complies with such of the said conditions as relate to it:
- Provided that this subsection shall not apply in a case where it is shown to the satisfaction of the buildings authority that for some reasonable cause such a certificate cannot be produced.”;
- (d) in subsection (4) for the words “the last foregoing subsection” there shall be substituted the words “subsection (3) or (3A) above”.
6. In section 11(1)(b) (power of local authorities to require buildings to conform to building standards regulations), after the words “health, safety” there shall be inserted the word “welfare”, and after the word “generally” there shall be inserted the words “and for furthering the conservation of fuel and power”.
7. In section 19 (penalties), for the words “ten pounds” and “one hundred pounds”, wherever they occur, there shall be substituted respectively the words “£50” and “£400”.
8. After section 19 there shall be inserted the following section—
- “Civil liability
- 19A.—(1) Subject to the provisions of this section. a breach to which this section applies shall, so far as it causes damage, be actionable except in so far as may be otherwise prescribed; and in any action brought by virtue of this subsection such defence as may be prescribed shall be available.
- (2) This section applies to the following breaches―
- (a) failure to comply with the terms or conditions of a warrant for the construction, demolition or change of use of a building or with any order under this Act relating to the construction of a building;
- (b) contravention of any provision of the building operations regulations;