Health and Safety at Work etc. Act 1974

70 Power to make building regulations for Inner London

(1) The following enactments (which relate to the power to make, and other matters connected with, building regulations), namely sections 61, 62 and 67 of the 1936 Act and sections 4(2) and (5) to (7), 5 and 9 of the 1961 Act, shall (with this Part, except section 75 and Schedule 7) apply throughout Inner London as they apply elsewhere in England and Wales; but without prejudice to that power as extended by this subsection, this subsection shall not of itself cause any building regulations made before it comes into force to apply to Inner London.

(2) Subject to any provision made by virtue of section 62(4), it shall be the duty of the Greater London Council to enforce in Inner London any building regulations which are in force there except to the extent that other local authorities or district surveyors within the meaning of the London Building Acts 1930 to 1939 are by virtue of building regulations made responsible for their enforcement there.

(3) Where by virtue of this section or section 62(4) local authorities or any prescribed person or class of persons (other than local authorities) are made responsible for enforcing, or performing prescribed functions under or in connection with, building regulations in force in Inner London, then, without prejudice to the said section 62(4), building regulations may in that connection provide for any prescribed provision falling within section 76(1)(a) or (b) but not mentioned in subsection (1) above to apply (with any prescribed modifications, and notwithstanding paragraph 12 or 34 of Part I of Schedule 11 to the [1963 c. 33.] London Government Act 1963) in relation to any such authority or person, or persons of any such class, as that provision applies in relation to a local authority outside Inner London.

(4) Without prejudice to the generality of section 62(5) building regulations may repeal or modify any provision to which this subsection applies if it appears to the Secretary of State that the repeal or, as the case may be, the modification of that provision is expedient in consequence of the provisions of this section or in connection with any provision contained in building regulations that apply to or to any part of Inner London.

(5) The preceding subsection applies to any provision—

(a) of the London Building Acts 1930 to 1939 ;

(b) of any enactment contained in this Act, other than this Part, or in any other Act passed before or in the same Session as this Act, in so far as that provision—

(i) applies to or to any part of Inner London ; and

(ii) relates to, or to the making of, byelaws for or for any part of Inner London with respect to any matter for or in connection with which provision can be made by building regulations ;

(c) of any byelaws made or having effect under the said Acts or of any such byelaws as are mentioned in paragraph (b)(ii) above.

(6) Before making any building regulations that provide for the repeal or modification of any provision to which the preceding subsection applies, the Secretary of State shall (without prejudice to the requirements as to consultation in section 9(3) of the 1961 Act) consult the Greater London Council and any other local authority who appear to him to be concerned.

(7) In this section " Inner London" means the area comprising the Inner London boroughs, the City, and the Inner Temple and the Middle Temple.

(8) In Part I of Schedule 11 to the [1963 c. 33.] London Government Act 1963 (modifications of Public Health Acts)—

(a) in paragraph 12, for the words " 53 to 55, and 57 to 71 " there shall be substituted the words " 54, 55, 57 to 60, 64 to 66, 69, 70 and (so far as unrepealed) 71 ";

(b) in paragraph 34, for the words " 4 to 11" there shall be substituted the words " 4(3) and (4), 6 to 8 and 10 and (except in so far as it amends any enactment mentioned in section 70(1) of the Health and Safety at Work etc. Act 1974) section 11 ".