Berkshire Act 1986
41.—(1) The Berkshire Act 1986(a)[1] is amended as follows.
(2) In section 28 (safety of stands)—
- (a) in subsection (6) after the words “conditions which” insert “subject to subsection (6A),”; and
- (b) after subsection (6) insert—
- “(6A) No modification or condition may be required under subsection (6) above in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.”.
(3) Omit section 30 (fire precautions in building used for storage of flammable substances).
(4) In section 31 (byelaws with regard to certain temporary structures)—
- (a) in subsection (1) after the words “fire authority” insert “and subject to subsection (1A)”; and
- (b) after subsection (1) insert—
- “(1A) No byelaw may be made under this section in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.”.
(5) In section 33 (modification of section 72 of the Building Act 1984)—
- (a) in subsection (1), omit paragraphs (b) and (c) and the preceding “or” of the substituted subsection (6); and
- (b) in subsection (3) paragraphs (b) and (c) and the preceding “or” are omitted.
(6) In section 35(1) (fire and safety precautions in public and other buildings), for the words from “If it appears” to “such building” substitute “If it appears to a district council that for the purpose of preventing injury or danger (other than injury or danger arising from fire) to persons resorting to any building to which section 24 of the Building Act 1984 (provision of passages) applies”.
(7) Omit section 40 (automatic fire alarms).
Fire Safety and Safety of Places of Sport Act 1987
42.—(1) The Fire Safety and Safety of Places of Sport Act 1987(b)[2] is amended as follows.
(2) In section 27 (contents of safety certificates) after subsection (3) insert—
- “(3A) No condition of a safety certificate shall require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it.”.
(3) In section 29 (amendment, cancellation etc. of certificates)—
- (a) after subsection (1) insert—
- “(1A) The local authority shall, if it appears to them that a safety certificate would require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it, amend the safety certificate by notice in writing to its holder; but nothing in this subsection shall be taken to require the local authority to take any action unless they are aware of such an inconsistency between a safety certificate and the Order.”;
- (b) in subsection (4) after “(1)(b)” insert “or (1A)”; and
(4) After section 29 insert—
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