Help with understanding Article 46

[messy]

Can anyone help me out here with what Article 46 means in practice with examples (hypothetical or otherwise)?


Other consultation by authorities
     46. —(1) Where a government department or other public authority intends to take any action in respect of premises which will or may result in changes to any of the measures required by or under this Order, that department or authority must consult the enforcing authority for the premises before taking that action.

    (2) Without prejudice to any power of the court to cancel or modify a notice served by a government department or other authority, no failure on the part of the department or authority to consult under paragraph (1) invalidates the action taken.

[kurnal]

Could it be the reverse of article 45?

If the Building Authority are taking action to enforce the building regs in a new build that has been occupied but no completion certificate issued because of outstanding issues, then before taking enforcement action that may affect general fire precautions they must consult the fire authority

[PhilB]

Article 45 deals with new builds, extensions and changes of use where plans are deposited by virtue of the building act.

Article 46 deals with any other situation where an authority intends to take action that may affect the general fire precautions.

E.g. DCFS may require additional toilets to be provided in an idependent school before granting registration. Before taking action to require this they must consult the enforcing authority for the Order.

[wee brian]

Highways authority issue a notice requiring an exit door to be permanenlty fixed shut 9or removed) because it swings over a public highway. They ought to check with the FRA first.

[messy]

Thanks. I am a little clearer on that now.

But do any authorities actually do it??

[wee brian]

Whilst they "must" do it, there are no sanctions if they don't.

They would get critisised in an enquiry but that's about it.  It does give FRAs a lever to organise communications links with the relevant authorities. Tha, of course, assumes that the FRA has got it's act together.