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(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.”.

(3) In section 46 (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.”.

(4) Omit section 48 (byelaws etc. in relation to oil-burning equipment).

(5) In section 50 (amendment of section 72 of the Building Act 1984) omit subsection (3)(b) and the preceding “or”.

(6) Omit section 53 (automatic fire alarms).

Environment and Safety Information Act 1988

46. In the Schedule to the Environment and Safety Information Act 1988(a)[1] (authorities and statutory functions) after the entry for the Food and Environment Protection Act 1985 insert the following entry—

S.I. 2005/1541 The Regulatory Reform (Fire Safety) Order 2005 The enforcing authority as defined in article 25. Articles 29, 30 and 31.

Smoke Detectors Act 1991

47. The Smoke Detectors Act 1991(b)[2] ceases to have effect.

London Local Authorities Act 1995

48.—(1) The London Local Authorities Act 1995(c)[3] is amended as follows.

(2) In section 2 (interpretation) for the definition of “the fire and rescue authority” substitute—

““the fire and rescue authority”, in relation to premises, means—
(a) where the Regulatory Reform (Fire Safety) Order 2005 applies to the premises, the enforcing authority within the meaning given by article 25 of that Order; or
(b) in any other case, the London Fire and Emergency Planning Authority;”.

(3) In section 16 (near beer licensing) after subsection (3) insert—

“(3A) No term, condition or restriction is to be imposed under subsection (2) 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 in respect of the premises.”.

(4) In section 18(1) (refusal of licence) for paragraphs (f) and (g) substitute—


  1. (a) 1988 (c. 30).
  2. (b) 1991 (c. 37).
  3. (c) 1995 (c. x). The definition of “fire authority” was substituted by the Greater London Authority Act 1999 (c. 29), section 328 and Schedule 29. Further amendments were made by the Fire and Rescue Services Act 2004 (c. 21), section 53 and paragraph 86 of Schedule 1.

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