Fire Certificates (Special Premises) Regulations 1976

STATUTORY INSTRUMENTS
1976 No. 2003
HEALTH AND SAFETY
Fire Certificates (Special Premises) Regulations 1976

Transitional provisions

17

(1)

In this Regulation-

"Factories Act certificate" means a certificate under section 40 of the Factories Act 1961(b)

"Offices Act certificate" means a certificate under section 29 of the Offices, Shops and Railway Premises Act 1963(c)

"existing certificate" means a Factories Act certificate or an Offices Act certificate;

and this Regulation applies where on the date of the coming into operation of these Regulations a fire certificate under these Regulations becomes required in respect of any premises and immediately prior to that date an existing certificate was in force in respect of those premises.

(2)

The Existing certificate shall continue in force (notwithstanding the repeal of the section under which it was issued) and-

(a)

shall, as from the said date, be deemed to be a fire certificate issued under these Regulations and any condition attached to the existing certificate shall have effect as a condition imposed under Regulation 5(2); and

(b)

may (in particular) be varied or cancelled in accordance with these Regulations.

(3)

The existing certificate, as it has effect by virtue or paragraph (2) of this Regulation, shall be treated as imposing in relation to the premises the like requirements as immediately prior to the said date were imposed in relation to it by the following provisions, that is to say-

(a)

if the existing fire certificate is a Factories Act certificate, sections 41(1) and (3), 49 (except subsections (5), (8) and (9)), 49(1), 51(1) and 52(1) and (4) of the Factories Act 1961;

(b)

if the existing certificate is an Offices Act certificate, sections 30(1) and (3), 33, 34(1) and (2), 36(1) and 38(1) of the Offices, Shops and Railway Premises Act 1963.

(4)

Any application for a Factories Act certificate or an Offices Act certificate with respect to any premises which is pending at the date of the coming into operation of these Regulations shall, in the case of premises for which a fire certificate is required by these Regulations, be deemed to be an application for a fire certificate in respect of them duly made in accordance with these Regulations and accordingly the provisions of Regulation 4(2) to (4) shall apply.

(5)

If any notice has been given to the appropriate authority of a proposal to undertake any of the changes of which notice is required to be given by section 41(3) of the Factories Act 1961 of section 30(3) of the Offices, Shops and Railway Premises Act 1963 such notice shall be deemed to be a notice duly given in accordance with Regulation 6(1) and accordingly the provisions of Regulation 6(2) to (4) shall apply.

17	(1)	In this Regulation- "Factories Act certificate" means a certificate under section 40 of the Factories Act 1961(b) "Offices Act certificate" means a certificate under section 29 of the Offices, Shops and Railway Premises Act 1963(c) "existing certificate" means a Factories Act certificate or an Offices Act certificate; and this Regulation applies where on the date of the coming into operation of these Regulations a fire certificate under these Regulations becomes required in respect of any premises and immediately prior to that date an existing certificate was in force in respect of those premises.
	(2)	The Existing certificate shall continue in force (notwithstanding the repeal of the section under which it was issued) and-
		(a)	shall, as from the said date, be deemed to be a fire certificate issued under these Regulations and any condition attached to the existing certificate shall have effect as a condition imposed under Regulation 5(2); and
		(b)	may (in particular) be varied or cancelled in accordance with these Regulations.
	(3)	The existing certificate, as it has effect by virtue or paragraph (2) of this Regulation, shall be treated as imposing in relation to the premises the like requirements as immediately prior to the said date were imposed in relation to it by the following provisions, that is to say-
		(a)	if the existing fire certificate is a Factories Act certificate, sections 41(1) and (3), 49 (except subsections (5), (8) and (9)), 49(1), 51(1) and 52(1) and (4) of the Factories Act 1961;
		(b)	if the existing certificate is an Offices Act certificate, sections 30(1) and (3), 33, 34(1) and (2), 36(1) and 38(1) of the Offices, Shops and Railway Premises Act 1963.
	(4)	Any application for a Factories Act certificate or an Offices Act certificate with respect to any premises which is pending at the date of the coming into operation of these Regulations shall, in the case of premises for which a fire certificate is required by these Regulations, be deemed to be an application for a fire certificate in respect of them duly made in accordance with these Regulations and accordingly the provisions of Regulation 4(2) to (4) shall apply.
	(5)	If any notice has been given to the appropriate authority of a proposal to undertake any of the changes of which notice is required to be given by section 41(3) of the Factories Act 1961 of section 30(3) of the Offices, Shops and Railway Premises Act 1963 such notice shall be deemed to be a notice duly given in accordance with Regulation 6(1) and accordingly the provisions of Regulation 6(2) to (4) shall apply.