(b)so much of a drain or sewer constructed by, or belonging to, dock undertakers as is situated in or on land of the undertakers that is held or used by them for the purposes of their undertaking. 1987/798, regs. . 11(1)(2), F111Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. . is deemed, for the purposes of this Act and of any building regulations and orders made under it, to have been duly given, made or issued by authority of the local authority, until the contrary is proved. the other person to whom the approved inspector gave the certificate, If it appears to a local authority by whom a plans certificate has been accepted that the work to which the certificate relates has not been commenced within the period of three years beginning on the date on which the certificate was accepted, the authority may rescind their acceptance of the certificate by notice, specifying the ground or grounds in question, given—, to the approved inspector by whom the certificate was given, and. . . . 2004/2304, art. 7 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. . the public electricity supplier (as defined in Part I of the Electricity Act 1989) in whose authorised area (as so defined) the building is situated and any other person authorised by a licence under that Part to supply electricity to the building; A person who contravenes subsection (2) above is liable on summary conviction to a fine not exceeding level 4 on the standard scale. . 7 Pt. the approved inspector by whom the notice is to be given to enter into undertakings with respect to his performance of any of the functions referred to in subsection (1) above. If a local authority or joint board with respect to whom an order has been made under subsection (1) above fail to comply with a requirement of the order within the time limited by the order for compliance with that requirement, the Secretary of State, in lieu of enforcing the order by mandamus or otherwise, may make an order tranferring to himself such of the functions of the body in default as may be specified in his order. (i)a private house to which members of the public are admitted occasionally or exceptionally, (ii)a building that was used as a church, chapel or other place of public worship immediately before the date on which section 36 of the M2Public Health Acts Amendment Act 1890, or a corresponding provision in a local Act, came into operation in the district or rating district, or. It is also the duty of the local authority to send or give a copy of a notice under this section—, if it contains such a requirement as is specified in section 82(1)(h) below, to the statutory undertakers concerned, and. . The Secretary of State may vary a certificate under subsection (3) above, either on an application made to him or of his own accord; but, in the case of a certificate issued on an application made by a person under subsection (1) above, the Secretary of State, except where he varies it on the application of that person, shall before varying it give that person reasonable notice that he proposes to do so. . 1 para. . . (a)the type of building matter to which the certificate relates, (b)the requirements of building regulations to which the certificate relates, and. (3)If an application for a direction to which this Schedule applies is made after a section 36 notice has been given on the ground that the work to which the application relates contravenes the requirement to which the application relates (not being an application prohibited by paragraph 2 of this Schedule), section 36(3) of this Act has effect in relation to that work as if for the reference to the period there mentioned there were substituted a reference to a period expiring 28 days after the application is withdrawn or finally disposed of, or such longer period as a magistrates’ court may allow. . . . . 5 para. . 3, C15Pt. . 35 excluded by S.I. . (a)structural measures to resist the outbreak and spread of fire and to mitigate its effects. See how this legislation has or could change over time. the proportions in which any expenses that may become recoverable by the local authority are to be borne by the appellant and such other person. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. . . Part IV of this Act does not apply in relation to this Part of this Schedule, . in a case in which the distance of the existing sewer from the site of any of the buildings in question is or exceeds one hundred feet, the proportions in which those expenses are to be borne by the owners concerned and the local authority. Sections 99 and 102 below apply in relation to a notice given under subsection (2) above. . F1899E+W. . 2 para. 1 para. . . . . 25 para. for enabling, in cases where such a certificate is required by virtue of paragraph (i) above, a dispute as to whether a certificate ought to be issued to be referred to the Secretary of State. . 13. . Building Regulations 1992: revoked (with regulation 3 and Schedule 1 continued in force), on 31 March 2005, by regulation 8(1) of the Building (Forms) Regulations 2004 (SR 2004/385). 2006/484), arts. (ii)the occurrence of, or the expiry of a prescribed period of time beginning on the date of, such event as may be prescribed; and building regulations may empower a local authority to extend (whether before or after its expiry) any such period of time as is referred to in paragraph (ii) above. (2) Reference in this Act or any other enactment to a building permit shall be construed as reference to a Building and … (a)reconstructs in the same or a new position a drain that communicates with a sewer or another drain, (b)executes any works to such a drain so as permanently to discontinue its use, or. . The limit of 100 feet does not apply, for the purposes of subsection (2) above, if the local authority undertake to bear so much of the expenses reasonably incurred in—, constructing, and maintaining and repairing, a drain to communicate with a sewer, or. If a person contravenes any provision contained in building regulations, other than a provision designated in the regulations as one to which this section does not apply, he is liable on summary conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £50 for each day on which the default continues after he is convicted. F25Words in s. 15(1) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. . (b)if they think fit, impose any conditions that might have been imposed under subsection (1) above in passing plans for the first-mentioned work. . . A sum that a local authority are entitled to recover under this Act, and with respect to whose recovery provision is not made by any other section of this Act, may be recovered as a simple contract debt in any court of competent jurisdiction. Most building workcarried out in England must comply with the Building Regulations. and, where the direction is proposed to be made on an application, the Secretary of State or the local authority may, as a condition of entertaining the application, require the applicant to pay or undertake to pay the cost of publication. 16; S.I. Advertisement of proposal for relaxation of building regulations. 33, F114S. (2)A document purporting to bear the signature of an officer—, (a)expressed to hold an office by virtue of which he is under this section empowered to sign such a document, or. 12(10)(b) and word preceding it repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1996/1905, art. . Entrances, exits etc. (iii)in connection with any provision contained in building regulations that aply to or to any part of inner London. 3(6), 11(4), F167Sch. Subject to the following provisions of this Schedule, after the making of an application for a direction to which this Schedule applies, and until the application is withdrawn or finally disposed of, no section 36 notice shall be given as regards the work to which the application relates on the ground that it contravenes the requirement to which the application relates. (2)Admission to premises, other than a factory or workplace, shall not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the occupier. 08. (3)Where the original defendant seeks to avail himself of subsection (2) above—, (a)the prosecutor as well as the person whom the original defendant charges with the offence has the tight to cross-examine the original defendant, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting evidence, and. (6)Building regulations may provide as regards a requirement contained in the regulations that subsections (1) to (5) above do not apply. (3)Where the grounds on which an appeal under section 102 below is brought include a ground specified in subsection (2) above—, (b)on the hearing of the appeal the court may make such order as it thinks fit—, (i)in respect of the payment of, or contribution towards, the cost of the works by any such person, or. 3(7)(b), F74S. (7)If at any time a direction under subsection (1) above dispensing with or relaxing a requirement of building regulations ceases to have effect by virtue of subsection (2)(a) above, or is varied or revoked under subsection (2)(b) above, that fact does not affect the continued operation of the direction (with any conditions specified in it) in a case in which before that time—. . Subsections (4), (5) and (6) of section 21 above apply in relation to a drain that a local authority require to be constructed under this section as they apply in relation to such a proposed drain as is mentioned in that section. (xxiic)equipment for monitoring and measuring supplies of fuel, power or heat, (xxiid)recycling facilities (including facilities for composting),], [F165(xxiie)the production of heat or the generation of electricity by microgeneration (as defined for the purposes of this paragraph by building regulations),]. he is liable on summary conviction to a fine not exceeding level 1 on the standard scale, and the local authority may themselves carry out such work as may be necessary to comply with the notice served under the said paragraph (1), and recover the expenses reasonably incurred in doing so from the person on whom that notice was served. . (c)in the case of any other person, by leaving it, or sending it in a prepaid letter addressed to him, at his usual or last known residence. . 17 para. Section 48 above has effect for the purposes of this section—, with the substitution of a reference to a public body’s notice for any reference to an initial notice, and. 1(7), Sch. [F39(7)[F40Section 67 of the Water Industry Act 1991] (standards of wholesomeness of water) and any regulations made under that section shall apply for the purposes of subsection (1) above as they apply for the purposes of [F41Chapter III of Part III] of that Act.