Existing prohibition notices

[MrH]

Has your Brigade got any outstanding Prohibition Notices under FPA'71.
If so what happens after !st October?
Are they still enforce? I suspect not.
Are their transitional arrangements under RRO?. I think not

This should get Wee Brian thinking

[Firewolf]

Hi MRH

As far as Im aware most brigades are preparing to fill out Article 31 notices to replace any outstanding Section 10 prohibition notices. They will just re serve the notice under article 31 with excatly the same conditions listed on it's section 10 counterpart as it were.

[AM]

The Interpretation Act 1978 deals with the changeover period from one set of legislation to another and, in general, any action undertaken prior to 1st October 2006 under existing legislation remains enforceable when the relevant legislation has been repealed or revoked. Therefore any Notices issued under the Fire Precautions Act 1971 or Fire Precautions (Workplace) Regulations with an expiry date after 1st October 2006 remains both lawful and enforceable. Any offence committed under the legislation also remains applicable and can be tried under the legislation as if it was still in place.

[Big A]

That's also LFB position and for the same reason - the Interpretation Act. It also raises the question of the status of the fire certificate.

[kurnal]

AM
Is the phrase " expiry date" significant? Prohibitions are normally open ended as far as I remember, and in force until cancelled by the fire authority?

Does the interpretation Act also apply to all the other legislation modified by the order- for example licensing conditions imposed by  a former licence condition and still in force under grand father rights?

[MrH]

Hi MRH

As far as Im aware most brigades are preparing to fill out Article 31 notices to replace any outstanding Section 10 prohibition notices. They will just re serve the notice under article 31 with excatly the same conditions listed on it's section 10 counterpart as it were.

Hi Firewolf,
surely if you issue a new notice:
1) you must inspect befor issue
2) Right of appeal therefore extra 21 days

[black arts]

The Interpretation Act 1978 deals with the changeover period from one set of legislation to another and, in general, any action undertaken prior to 1st October 2006 under existing legislation remains enforceable when the relevant legislation has been repealed or revoked. Therefore any Notices issued under the Fire Precautions Act 1971 or Fire Precautions (Workplace) Regulations with an expiry date after 1st October 2006 remains both lawful and enforceable. Any offence committed under the legislation also remains applicable and can be tried under the legislation as if it was still in place.

AM
I am interested into what section of the above Act refers to changeover period

thanx

[AM]

"Section 16 of the Interpretation Act 1978 describes the effect of the repeal of a particular provision in a statute.  It provides, amongst other things, that the repeal of a statutory enactment does not affect any penalty or punishment incurred in respect of any offence committed under the repealed provision, and that it also does not affect any legal proceedings or remedy in respect of any right which existed under the repealed enactment."

[Firewolf]

Hi MRH

As far as Im aware most brigades are preparing to fill out Article 31 notices to replace any outstanding Section 10 prohibition notices. They will just re serve the notice under article 31 with excatly the same conditions listed on it's section 10 counterpart as it were.

Hi Firewolf,
surely if you issue a new notice:
1) you must inspect befor issue
2) Right of appeal therefore extra 21 days

Hi MRH

Yes you are absolutely correct - and unfortunately i was mis-informed about re-issuing notices etc - a colleague has now put me right and basicaly as someone else already  stated the prohibition notices will remain enforceable

Sorry about that!

[black arts]

"Section 16 of the Interpretation Act 1978 describes the effect of the repeal of a particular provision in a statute.  It provides, amongst other things, that the repeal of a statutory enactment does not affect any penalty or punishment incurred in respect of any offence committed under the repealed provision, and that it also does not affect any legal proceedings or remedy in respect of any right which existed under the repealed enactment."

Thanx AM
no problem Firefwolf