QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF SAXONBEST LIMITED||(CLAIMANT)|
|THE LONDON BOROUGH OF BROMLEY||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MISS L REED appeared for the judgment
MISS MCKEEVER (instructed by Parker Arrenberg) appeared on behalf of the DEFENDANT for the hearing
Crown Copyright ©
"This scheme shall not apply to -
"(h) Any house where the living accommodation consists entirely of self-contained flats and -
" ... (ii) when the flats were created:
"(aa) the building was required to comply with the requirements relevant to fire safety contained in the Building Regulations 1985 or regulations made subsequently under section 1(1) of the Building Act 1984."
"Subject to regulation 20, the regulations specified in Schedule 4 are revoked."
"(1) These regulations shall not apply in relation to -
"(a) plans deposited before 11th November 1985; or:
"(b) work carried out in accordance with such plans, with or without any departure or deviation from the plans, and the regulations revoked by regulation 19 and the enactments repealed by regulation 18 shall continue to apply in relation to any such plans or work as if they had not been revoked or repealed."
"(2) Where an Act repeals and re-enacts, with or without modification, a previous enactment then, unless the contrary intention appears -
"(a) any reference in any other enactment to the enactment so repealed shall be construed as a reference to the provision re-enacted;
"(b) in so far as any insubordinate legislation made or other thing done under the enactment so repealed, or having effect as if so made or done, could have been made or done under the provision re-enacted, it shall have effect as if made or done under that provision."
"It is well established that, apart from the Interpretation Act, 1889 (which took the place of an earlier Act of 1850), the effect of a repeal of an Act of Parliament is that the Act repealed is treated as having been ab inito non existent."