Suspension of byelaws dealing with same matters as this Order
44. Where any enactment provides for the making of byelaws in relation to premises to which this Order applies, then, so long as this Order continues to apply to the premises, any byelaw has no effect in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under this Order.
Duty to consult enforcing authority before passing plans
45.—(1) Where it is proposed to erect a building, or to make any extension of or structural alteration to a building and, in connection with the proposals, plans are, in accordance with building regulations, deposited with a local authority, the local authority must, subject to paragraph (3), consult the enforcing authority before passing those plans.
(2) Where it is proposed to change the use to which a building or part of a building is put and, in connection with that proposal, plans are, in accordance with building regulations, deposited with a local authority, the authority must, subject to paragraph (3), consult with the enforcing authority before passing the plans.
(3) The duty to consult imposed by paragraphs (1) and (2)—
- (a) only applies in relation to buildings or parts of buildings to which this Order applies, or would apply following the erection, extension, structural alteration or change of use;
- (b) does not apply where the local authority is also the enforcing authority.
Other consultation by authorities
46.—(1) Where a government department or other public authority intends to take any action in respect of premises which will or may result in changes to any of the measures required by or under this Order, that department or authority must consult the enforcing authority for the premises before taking that action.
(2) Without prejudice to any power of the court to cancel or modify a notice served by a government department or other authority, no failure on the part of the department or authority to consult under paragraph (1) invalidates the action taken.
(3) In paragraph (1), “public authority” includes an approved inspector within the meaning of section 49 of the Building Act 1984(a)[1].
Disapplication of the Health and Safety at Work etc. Act 1974 in relation to general fire precautions
47.—(1) Subject to paragraph (2), the Health and Safety at Work etc. Act 1974(b)[2] and any regulations made under that Act shall not apply to premises to which this Order applies, in so far as that Act or any regulations made under it relate to any matter in relation to which requirements are or could be imposed by or under this Order.
(2) Paragraph (1) does not apply—
- (a) where the enforcing authority is also the enforcing authority within the meaning of the Health and Safety at Work etc Act 1974(c)[3];
- (b) in relation to the Control of Major Accident Hazards Regulations 1999(d)[4].
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