Journal of the 1115th Plenary Meeting of the Permanent Council

A person who, in the course of a business carried on by him, constructs or arranges for the construction of a dwelling is guilty of an offence if the dwelling is not fitted with smoke detectors in accordance with the requirement mentioned in subsection (2) below.

The requirement referred to in subsection (1) above is that the dwelling is, before its construction is completed, fitted with one or more smoke detectors in such manner as to make adequate provision for the early detection of the outbreak of fire in the dwelling.

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

This section does not apply to any dwelling whose construction is completed before the date on which this section comes into force.

Where, in relation to any dwelling— the authority may give a direction dispensing with or relaxing the requirement in relation to the dwelling.

Before giving a direction under subsection (1) above, a local authority (other than the Council of the Isles of Scilly) shall consult the fire authority for the area in which the dwelling is or is to be situated.

If a local authority refuse an application under subsection (1) above, the applicant may, by notice in writing, appeal to the Secretary of State within one month from the date on which the local authority notify the applicant of their refusal.

If within— the local authority do not notify the applicant of their decision on the application, subsection (3) above applies in relation to the application as if the local authority had refused the application and notified the applicant of their decision at the end of the period in question.

The notice of appeal shall set out the grounds of appeal and a copy of the notice of appeal shall be sent to the local authority.

The local authority, on receiving a copy of the notice of appeal, shall at once transmit to the Secretary of State a copy of the application and a copy of all the documents furnished by the applicant for the purposes of his application.

The local authority shall at the same time give to the Secretary of State in writing any representations that they desire to make as regards the appeal and shall send a copy to the applicant.

If the Secretary of State allows the appeal he shall give such directions dispensing with or relaxing the requirement mentioned in section 1(2) above as may be appropriate.

The Secretary of State may—

An approval under subsection (1) above takes effect on the date of issue of the document or revision concerned or on such date as may be specified in the document or revision.

A failure on the part of any person to comply with an approved document does not of itself render him liable to any criminal proceedings; but in any proceedings for an offence under section 1 above—

In any proceedings for an offence under section 1 above a document that appears to the court to be an approved document shall be taken to be such unless the contrary is proved.

References in this section to an approved document are references to that document as it has effect for the time being, regard being had to any revision of the whole or any part of it that has been approved under subsection (1)(b) above.

It is the duty of local authorities to enforce the provisions of section 1 above in their areas.

Proceedings in respect of an offence under section 1 above shall not, without the written consent of the Attorney General, be taken by any person other than a party aggrieved or the local authority for the area in which the dwelling is situated.

This section applies where—

So long as the initial notice continues in force, the duty of enforcing the provisions of section 1 above that is conferred on a local authority by section 4 above is not exercisable in relation to the dwelling concerned, and accordingly a local authority may not take proceedings in respect of an offence committed under that section in relation to that dwelling.

Where, in respect of any work, an approved inspector is under a duty to give a final certificate to any person by virtue of section 51(1) of the 1984 Act (certificate of completion of work and discharge of functions), the approved inspector shall not give the certificate unless he has taken such steps as are reasonable to enable him to determine whether or not the requirement mentioned in section 1(2) above is complied with in relation to the dwelling concerned.

If the approved inspector is satisfied that the requirement so mentioned is complied with in relation to the dwelling—

Where— subsection (2) above continues to apply, by virtue of this subsection, in relation to the dwelling as if the initial notice continued in force.

A person is guilty of an offence if—

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

The Secretary of State may by order made by statutory instrument repeal or modify all or any of the provisions of this Act if it appears to him that all or any of those provisions are inconsistent with, or are unnecessary or require alteration in consequence of, any provision contained in or made under any enactment relating to building regulations.

A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

This Act may be cited as the Smoke Detectors Act 1991.

In this Act—

This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

This Act applies to England and Wales only.