HC Deb 03 February 1982 vol 17 cc426-7

BUILDING REGULATIONS

  1. `(1) The following subsections shall be substituted for subsections (1) and (2) of section 64 of the Public Health Act 1936 (passing or rejection of plans, and power to retain plans, &c.)—
  2. "(1) Where plans of any proposed work are, in accordance with building regulations, deposited with a local authority, it shall be the duty of the local authority, subject to the provisions of any other section of this Act which expressly requires or authorises them in certain cases to reject plans, to pass the plans unless they either are defective, or show that the proposed work would contravene any of the building regulations.
  3. (1A) If the plans—
  4. (a) are defective; or
  5. (b) show that the proposed work would contravene any of the building regulations, the local authority—
  6. (i) may reject the plans; or
  7. (ii) subject to subsection (1C) below, may pass them subject to either or both of the conditions set out in subsection (1B) below.
  8. (1B) The conditions mentioned in subsection (1A) above are—

  1. (a) that such modifications as the local authority may specify shall be made in the deposited plans; and
  2. (b) that such further plans as they may specify shall be deposited.

  1. (1C) A local authority may only pass plans subject to a condition such as is specified in subsection (1B) above if the person by whom or on whose behalf they were deposited—
  2. (a) has requested them to do so; or
  3. (b) has consented to their doing so.
  4. (1D) A request or consent under subsection (IC) above must be in writing.
  5. (2) The authority shall within the prescribed period from the deposit of the plans give notice to the person by whom or on whose behalf they were deposited whether they have been passed or rejected.
  6. (2A) A notice that plans have been rejected shall specify the defects on account of which, the regulation or section of this Act for non-conformity with which, or under the authority of which, they have been rejected.
  7. (2B) A notice that plans have been passed—
  8. (a) shall specify any condition subject to which they have been passed; and
  9. (b) shall state that the passing of the plans operates as an approval of them only for the purposes of the requirements of the regulations and of any such section of this Act as is referred to in subsection (1) above."

  1. (2) In section 65(4) of that Act (by virtue of which, among other things, in any case where plans were deposited, a local authority may not give a notice requiring the pulling down, removal etc. of the work if the plans were passed by the authority) after the word "deposited" there shall be inserted the words "and the work was shown on them".
  2. (3) This section, and section 30 below, so far as it relates to section 63 of the Health and Safety at Work etc. Act 1974, shall come into operation on such day as the Secretary of State may order made by statutory instrument appoint.'.—[Mr. Macfarlane.]
  3. (3) This section, and section 30 below, so far as it relates to section 63 of the Health and Safety at Work etc. Act 1974, shall come into operation on such day as the Secretary of State may order made by statutory instrument appoint.'.—[Mr. Macfarlane.]

Brought up, and read the First time.

The Under-Secretary of State for the Environment (Mr. Neil Macfarlane)

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Mr. Ernest Armstrong)

with this we may discuss Government amendment No. 107.

Mr. Macfarlane

In tabling the new clause and amendment No. 107, I am fulfilling the undertaking that I gave in Committee, and I am especially grateful to the hon. Member for Rotherham (Mr. Crowther) for withdrawing the new clause that he tabled. I trust that what we now propose will satisfy him.

We are concerned here with the passing of plans deposited in accordance with building regulations, and our intention is to introduce flexibility into the present somewhat rigid procedures by enabling local authorities to pass plans provisionally or by stages where they would otherwise have to reject them outright. We have consulted all the local authority associations, a number of bodies representing the building industry, and also the building regulations advisory committee. There is general support for this proposal, which should save time and trouble on both sides. Measures contained in section 63 of the Health and Safety at Work etc. Acts 1974, which were intended to deal with this matter, have proved unsatisfactory, and are thus repealed.

I commend the new clause and the amendment to the House.

Question put and agreed to.

Clause read a Second time and added to the Bill.

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