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76c. 37
Health and Safety at Work etc. Act 1974

Part III

(ii) relates to, or to the making of, byelaws for or for any part of Inner London with respect to any matter for or in connection with which provision can be made by building regulations;
(c) of any byelaws made or having effect under the said Acts or of any such byelaws as are mentioned in paragraph (b)(ii) above.

(6) Before making any building regulations that provide for the repeal or modification of any provision to which the preceding subsection applies, the Secretary of State shall (without prejudice to the requirements as to consultation in section 9(3) of the 1961 Act) consult the Greater London Council and any other local authority who appear to him to be concerned.

(7) In this section “Inner London” means the area comprising the Inner London boroughs, the City, and the Inner Temple and the Middle Temple.

(8) In Part I of Schedule 11 to the 1963 c. 33.London Government Act 1963 (modifications of Public Health Acts)—

(a) in paragraph 12, for the words “53 to 55, and 57 to 71” there shall be substituted the words “54, 55, 57 to 60, 64 to 66, 69, 70 and (so far as unrepealed) 71”;
(b) in paragraph 34, for the words “4 to 11” there shall be substituted the words “4(3) and (4), 6 to 8 and 10 and (except in so far as it amends any enactment mentioned in section 70(1) of the Health and Safety at Work etc. Act 1974) section 11”.

Civil liability. 71.—(1) Subject to the provisions of this section, breach of a duty imposed by building regulations shall, so far as it causes damage, be actionable except in so far as the regulations provide otherwise; and as regards any such duty building regulations may provide for any prescribed defence to be available in any action for breach of that duty brought by virtue of this subsection.

(2) Subsection (1) above and any defence provided for in regulations made by virtue thereof shall not apply in the case of a breach of such a duty in connection with a building erected before the date on which that subsection comes into force unless the regulations imposing the duty apply to or in connection with the building by virtue of section 62 of the 1936 Act or section 65(2) of this Act.

(3) Nothing in this section shall be construed as affecting the extent (if any) to which breach—

(a) of a duty imposed by or arising in connection with this Part or any other enactment relating to building regulations; or