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Building Safety Act 2022

Type Public General Act

Publication 2022-04-28

Last updated 2026-01-27

State In force

Department Statute Law Database

Source legislation.gov.uk

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(b) paragraphs 1 to 3 of Schedule 2 (powers of entry of authorised officers).

(2) If the Palace of Westminster (or any part of it) is a higher-risk building within the meaning of Part 4, for the purposes of that Part the accountable persons for the building are the Corporate Officer of the House of Lords and the Corporate Officer of the House of Commons, acting jointly.

(3) No contravention by a Corporate Officer of a provision made by or under Part 2 or 4 makes the Corporate Officer criminally liable.

(4) Subsection (3) does not affect the criminal liability of relevant members of the House of Lords staff or of the House of Commons staff (as defined by sections 194 and 195 of the Employment Rights Act 1996).

(5) In subsection (3) “Corporate Officer” means—

(a) the Corporate Officer of the House of Lords,

(b) the Corporate Officer of the House of Commons, or

(6) In this section “Parliamentary Estate” means any building or other premises occupied for the purposes of either House of Parliament.

Power of Secretary of State to make consequential provision

166

(1) The Secretary of State may by regulations make provision that is consequential on this Act.

(2) The regulations may amend, repeal or revoke provision made by or under—

(a) an Act passed before this Act;

(b) an Act passed later in the same session of Parliament as this Act.

(3) Regulations under this section may not make provision that may be made under section 167.

Power of Welsh Ministers to make consequential provision

167

(1) The Welsh Ministers may by regulations make provision, in relation to Wales, that is consequential on Part 3 or section 156.

(2) The regulations may amend, repeal or revoke provision made by or under—

(a) an Act passed before this Act;

(b) an Act passed later in the same session of Parliament as this Act;

(3) The regulations may make—

(a) transitional, transitory or saving provision;

(b) different provision for different purposes.

(4) The regulations are to be made by statutory instrument.

(5) A statutory instrument containing (whether alone or with other provision) regulations under this section that amend or repeal provision made by an Act, or by an Act or Measure of Senedd Cymru, may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(6) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.

Regulations

168

(1) This section applies to regulations under any provision of this Act except—

(a) section 138(7)(b) (new homes ombudsman scheme: meaning of “developer”),

(b) section 167 (power of Welsh Ministers to make consequential provision),

(d) Schedule 11 (construction products regulations).

(2) A power to make regulations includes power to make—

(a) consequential, supplementary, incidental, transitional, transitory or saving provision;

(b) different provision for different purposes or for different areas.

(3) Regulations may describe a building by reference to its height, size, design, use, purpose or any other characteristic.

(4) A power to make regulations about the way in which anything is to be given to the regulator (as defined by section 2) includes power to provide that the thing is to be given in a way specified in a direction made and published by the regulator in accordance with the regulations.

(5) Regulations are to be made by statutory instrument.

(6) A statutory instrument containing (whether alone or with other provision)—

(a) regulations under section 12, 62, 65(5), 68, 71, 72, 74, 119A, 123, 126, 128, 129 or 140 or paragraph 6 of Schedule 3 or paragraph 2 (12), 13 (10) or 15 (4) of Schedule 7or paragraph 3 (5), 12 or 15 of Schedule 8,

(b) regulations made by virtue of section 65(3)(c),

(d) regulations under section 90 (except regulations only making provision of a kind mentioned in section 90(3) or (4)),

(e) regulations under section 92 (except regulations only making provision of a kind mentioned in section 92(3)),

(f) regulations under sections 153 to 155, or

(g) regulations under section 166 that amend or repeal provision made by an Act,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(7) Any other statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

Extent

169

(1) Subject as follows, this Act extends to England and Wales only.

(2) The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a) Part 1;

(b) paragraphs 87 and 88 of Schedule 5 (and section 55 so far as relating to those paragraphs);

(d) section 146 and Schedule 11 (construction products);

(e) sections 152 to 155 (costs contribution orders);

(f) section 157 to 159 (architects);

(g) this Part except section 161, 164 and 167.

(3) Section 2(2) and Schedule 1 (amendments of the Health and Safety at Work etc Act 1974) extend to England and Wales and Scotland.

(4) The amendments made by Schedule 10 (amendments in connection with the new homes ombudsman scheme) have the same extent as the provision amended.

(5) Sections 147 to 149 (liability relating to construction products) extend to England and Wales and Scotland.

(6) Section 151 (liability relating to construction products: limitation in Scotland) extends to Scotland only.

(7) The Secretary of State may by regulations—

(a) provide for the provisions mentioned in subsection (5) to extend also to Northern Ireland, and

(b) make provision (including provision amending this Act or any other enactment) in relation to the application of the provisions mentioned in subsection (5) in Northern Ireland.

Commencement and transitional provision

170

(1) The following provisions come into force on the day on which this Act is passed—

(a) section 1;

(b) section 2(1);

(d) section 28;

(e) section 30;

(f) sections 61 to 70;

(g) section 115;

(h) this Part except sections 161 and 164.

(2) Parts 2 and 4, except the provisions mentioned in subsection (1), come into force—

(a) for the purposes of making regulations, on the day on which this Act is passed;

(b) for remaining purposes, on such day as the Secretary of State may by regulations appoint.

(3) The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a) sections 116 to 125 and Schedule 8;

(b) section 134;

(d) section 146 and Schedule 11;

(e) sections 147 to 155;

(f) sections 157 to 159.

(4) As regards Part 3 and section 156—

(a) the following provisions come into force on such day as the Welsh Ministers may by regulations appoint—

(i) section 31 so far as relating to section 120I of the Building Act 1984;

(ii) section 32(3) so far as relating to section 91ZD of that Act;

(iii) section 42 so far as relating to section 58Z2 and 58Z10 of that Act;

(iv) paragraph 56 of Schedule 5 (and section 55 so far as relating to that paragraph);

(v) paragraph 77 of that Schedule so far as relating to section 120C of the Building Act 1984 (and section 55 so far as relating to that section);

(b) the following provisions come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations appoint—

(i) section 32 except subsection (3) of that section;

(ii) section 33 except so far as relating to paragraph 1D(3) of Schedule 1 to the Building Act 1984;

(iii) sections 34 to 41;

(iv) section 42 except so far as relating to section 58Z2, 58Z7 or 58Z10 of the Building Act 1984;

(v) section 43 and Schedule 4;

(vi) sections 44 to 52;

(vii) section 53 except subsection (1) of that section;

(viii) section 55 and Schedule 5 except—

(A) paragraphs 38 and 87 to 89 of that Schedule (and section 55 so far as relating to those paragraphs);

(B) paragraph 77 of that Schedule so far as relating to section 120B of the Building Act 1984 (and section 55 so far as relating to that section);

(ix) section 56 and Schedule 6 except paragraphs 7 and 29 of that Schedule (and section 56 so far as relating to those paragraphs);

(x) section 57;

(xi) section 156 except subsection (8) of that section so far as relating to Article 22B of the Regulatory Reform (Fire Safety) Order 2005;

(c) subject to that, Part 3 and section 156 come into force on such day as the Secretary of State may by regulations appoint.

(5) The other provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.

(6) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

(7) Regulations under subsection (4)(a) or (b) may make transitional or saving provision.

(8) The powers to make regulations under this section include power to make different provision for different purposes or for different areas.

(9) Regulations under this section are to be made by statutory instrument.

Short title

171

This Act may be cited as the Building Safety Act 2022.

Schedule 1

1

The Health and Safety at Work etc Act 1974 is amended as follows.

2

(1) Section 11 (functions of the Executive) is amended as follows.

(2) In subsection (5)—

(a) in paragraph (a) after “functions” insert “other than its building functions”;

(b) in paragraph (b) after “activities” insert “other than its building functions”.

(3) In subsection (6)(b) at the end insert “or to its building functions.”

3

After section 11 insert—

(11A) (1) The Executive may do such things and make such arrangements as it considers appropriate in connection with any of its building functions. (2) In particular, it may— (a) assist and encourage persons concerned with matters relevant to those functions; (b) make arrangements for— (i) the carrying out of research and the publication of the results of research; (ii) the provision of training and information; (c) encourage research and the provision of training and information by others; (d) make arrangements for the provision of a service providing information or advice on such matters, and to such persons, as it considers appropriate; (e) institute criminal proceedings. (3) And it may— (a) appoint persons or committees of persons to provide it with advice, or to do such other things as it considers appropriate, in connection with any of its building functions, and (b) remunerate those persons. Nothing in paragraph (b) limits section 13(8). (4) Any amounts paid under subsection (3)(b) are to be such as may be determined by the Secretary of State.

4

In section 12(3) (control of the Executive) after “provisions” insert “, or the enforcement of the building enactments,”.

5

(1) Section 13 (powers of the Executive) is amended as follows.

(2) In subsection (3) after “functions” insert “on its behalf”.

(3) In subsection (4) after “department or authority” insert “on behalf of the Minister, department or authority”.

(4) In subsection (6) after “Part” insert “or in connection with its building functions”.

(5) In subsection (7) after “functions” insert “except its building functions”.

6

In section 27 (information powers) after subsection (4) insert—

(5) In this section any reference to the Executive’s functions does not include its building functions.

7

In section 53 (general interpretation) at the appropriate place insert—

“the building enactments” means the provisions of, and of instruments made under—the Building Act 1984, andParts 2 and 4 of the Building Safety Act 2022;

;

“building function” has the meaning given by section 3 of the Building Safety Act 2022;

8

(1) Schedule 2 (constitution of the Executive) is amended as follows.

(2) In paragraph 2(3)(d)(iii) at the end insert “, building safety, building standards or fire safety.”

(3) In paragraph 9(3)(b) after “provisions” insert “, or the building enactments,”.

(4) In paragraph 12(2)—

(a) after “Executive” insert “or signed on its behalf”;

(b) after “so executed” insert “or signed”.

Schedule 2

Entry to non-domestic premises without warrant

1

(1) An authorised officer may enter any non-domestic premises which the officer has reason to believe it is necessary for the officer to enter for a relevant purpose—

(a) at any reasonable time, or

(b) at any time, in a situation which in the officer’s opinion is or may be dangerous.

(2) The officer may be accompanied by any person, and bring anything, required for any purpose for which the officer is exercising the power of entry.

(3) If the officer has reasonable cause to expect any obstruction in the exercise of any relevant power, the officer may be accompanied by a constable.

(4) The officer may—

(a) take measurements and photographs, and may make recordings;

(b) take samples of anything.

(5) The officer may seize anything if it appears to the officer—

(a) to be evidence of an offence under this Act or the Building Act 1984, and

(b) to be necessary to seize it to prevent the evidence being concealed, lost, altered or destroyed.

Entry to non-domestic premises with warrant

2

(1) A justice of the peace may issue a warrant in respect of non-domestic premises specified in the warrant if satisfied, on an information in writing made by an authorised officer, that it is necessary—

(a) for an authorised officer to enter the premises for a relevant purpose, and

(b) to confer a power to enter by force (if necessary).

(2) The warrant authorises any authorised officer to enter the premises at any time (subject to sub-paragraph (3)) for the purposes specified in the warrant, by force (if necessary).

(3) The warrant may limit the times at which the power of entry may be exercised.

(4) Sub-paragraphs (2) to (5) of paragraph 1 apply in relation to the power of entry conferred by a warrant under this paragraph as they apply in relation to the power of entry conferred by sub-paragraph (1) of that paragraph.

Entry to domestic premises (with warrant)

3

(1) A justice of the peace may issue a warrant in respect of domestic premises specified in the warrant if satisfied, on an information in writing made by an authorised officer, that—

(a) it is necessary for an authorised officer to enter the premises for a relevant purpose, and

(b) one of the following conditions is met—

(i) that entry to the premises for the relevant purpose has been, or is likely to be, refused;

(ii) that no person entitled to grant entry to the premises can be found;

(iii) that requesting entry may frustrate or seriously prejudice the purpose of entry.

(2) The warrant—

(a) authorises any authorised officer to enter the premises at any time (subject to sub-paragraph (3)) for the purposes specified in the warrant, and

(b) confers such additional powers as may be specified in the warrant.

(3) The warrant may limit the times at which the power of entry may be exercised.

(4) For this purpose “additional powers” means—

(a) the power to enter by force (if necessary);

(b) the powers under sub-paragraphs (2) to (5) of paragraph 1.

(5) An additional power may be specified in the warrant only if the justice of the peace is satisfied that it is necessary to confer the power.

Power to require information, documents etc

4

(1) An authorised officer may for a relevant purpose require a person to give specified information or documents to the officer by such time as may be specified.

(2) In the case of a document consisting of information held in electronic form, the officer may require it to be produced—

(a) in a legible form, or

(b) in a form from which it can readily be produced in legible form.

(3) The officer may inspect and take copies of (or of any information in) any document that is produced.

(4) An authorised officer may for a relevant purpose require a person to provide such facilities and assistance to the officer as may be specified, by such time as may be specified.

(5) A requirement under this paragraph is imposed by the authorised officer in question giving, to the person in question, a notice in writing that states—

(a) that it is a notice containing a requirement under this paragraph, and

(b) the consequences of failing to comply with the requirement.

(6) Information provided by a person under sub-paragraph (1) is not admissible in evidence against that person in criminal proceedings except—

(a) in proceedings for an offence under section 24,

(b) in proceedings for an offence under paragraph 6 (1),

(d) if in the proceedings—

(i) in giving evidence the person makes a statement inconsistent with the information, and

(ii) evidence as to the information that was provided is adduced, or a question relating to it is asked, by or on behalf of the person.

(7) In this paragraph—

“document” includes information recorded in any form;

“specified”, in relation to a requirement, means specified in the notice imposing the requirement.

Retention of evidence etc

5

Anything that has been seized under paragraph 1 (5), or any document produced under paragraph 4, may be retained for so long as is necessary in all the circumstances.

Offence of failing to provide information, documents etc

6

(1) A person who fails without reasonable excuse to comply with a requirement under paragraph 4 commits an offence.

(2) A person guilty of an offence under this paragraph is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

Interpretation

7

(1) In this Schedule —

“authorised officer”, in relation to the exercise of any power conferred by or the doing of anything else mentioned in a paragraph of this Schedule for the purpose of a relevant building function, means a person authorised under section 22 in relation to that paragraph for the purposes of that function;

“domestic premises” means premises (in England or Wales) used wholly or mainly as a private dwelling;

“non-domestic premises” means premises (in England or Wales) that are not domestic premises;

“relevant purpose”, in relation to an authorised officer, means the purpose of any relevant building function specified in the officer’s authorisation.

(2) In sub-paragraph (1) “relevant building function” has the meaning given by section 22.

Saving for material subject to legal professional privilege

8

Nothing in this Schedule confers power to—

(a) seize anything, or

(b) compel the production by any person of a document or information,

in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Schedule 3

Interpretation

1

In this Schedule any reference to a function under an enactment includes a function under an instrument made under the enactment.

Local authorities, fire and rescue authorities etc

2

(1) The regulator and a local authority must cooperate with each other in the exercise of their relevant functions.

(2) The regulator and a fire and rescue authority must cooperate with each other in the exercise of—

(a) any building function of the regulator,

(b) any function of the authority under—

(i) section 6 or 7 of the Fire and Rescue Services Act 2004,

(ii) the Regulatory Reform (Fire Safety) Order 2005, or

(iii) section 13 of this Act, and

(3) The regulator and an FSO authorised person must cooperate with each other in the exercise of their relevant functions.

(4) A relevant person may disclose information held in connection with any of their relevant functions to another relevant person for the purposes of a relevant function of either of them.

(5) In this paragraph—

“FSO authorised person” has the meaning given by section 14;

“relevant function” means—in relation to the regulator, any building function;in relation to a local authority, a function under any of the following—the Prevention of Damage by Pests Act 1949;Part 2 of the Public Health Act 1961;Part 11 of the Local Government (Miscellaneous Provisions) Act 1982;the Building Act 1984;Part 3 of the Environmental Protection Act 1990;Parts 1 to 4 of the Housing Act 2004;section 13 of this Act;or any other prescribed function;in relation to a fire and rescue authority, a function under any of the following—the Fire and Rescue Services Act 2004;the Regulatory Reform (Fire Safety) Order 2005;section 13 of this Act;or any other prescribed function;in relation to an FSO authorised person, any function under—the Regulatory Reform (Fire Safety) Order 2005, orsection 14 of this Act;

“relevant person” means—the regulator;a local authority;a fire and rescue authority;an FSO authorised person.

Ombudsmen

3

(1) The regulator and a person mentioned in sub-paragraph (4) must cooperate with each other in the exercise of—

(a) any building function of the regulator, and

(b) any relevant function of the person.

(2) The regulator may disclose to a person mentioned in sub-paragraph (4) information held in connection with any of its building functions, for the purpose of any of those functions or any relevant functions of the person.

(3) A person mentioned in sub-paragraph (4) may disclose to the regulator information held in connection with any of their relevant functions, for the purpose of any of those functions or any building function of the regulator.

(4) The persons are—

(a) the Regulator of Social Housing;

(b) a person who administers a relevant scheme.

(5) “Relevant scheme” means—

(a) a scheme approved under Schedule 2 to the Housing Act 1996 (housing complaints: social landlords),

(b) a redress scheme to which persons are required by virtue of section 83 of the Enterprise and Regulatory Reform Act 2013 (lettings agency work) to be members,

(c) a redress scheme to which persons are required by virtue of section 84 of that Act (property management work) to be members, or

(d) the new homes ombudsman scheme.

(6) In this paragraph “relevant function” means—

(a) in relation to the Regulator of Social Housing, any of its functions;

(b) in relation to a person who administers a relevant scheme, any function relating to that scheme.

Secretary of State

4

(1) The regulator may disclose to the Secretary of State information held in connection with any of its building functions, for the purpose of any of those functions or any relevant function of the Secretary of State.

(2) The Secretary of State may disclose to the regulator information held in connection with any relevant function, for the purpose of any relevant function or any building function of the regulator.

(3) In this paragraph “relevant function” means any function of the Secretary of State (whether or not under an enactment) that relates to buildings.

Police

5

(1) The regulator may disclose to a constable information held by it in connection with any of its building functions.

(2) A constable to whom information is disclosed in pursuance of sub-paragraph (1) must not use the information for a purpose other than—

(a) a purpose relating to the prevention, detection, investigation or prosecution of an offence (whether or not under this Act);

(b) a purpose of the police relating to public health or public safety;

Public authorities

6

(1) The Secretary of State may by regulations make provision requiring the regulator and any prescribed public authority to cooperate with each other in the exercise of—

(a) any building function of the regulator, and

(b) any prescribed function of the public authority, so far as it relates to England.

(2) The Secretary of State may by regulations make provision authorising a relevant person and any prescribed public authority to disclose prescribed information to each other for the purpose of—

(a) any relevant function of the relevant person, and

(b) any prescribed function of the public authority, so far as it relates to England.

(3) In this paragraph “relevant person” and “relevant function” have the meaning given in paragraph 2.

Schedule 4

1

The Building Act 1984 is amended as follows.

2

In section 42(1) (appeals) for “approved inspector” substitute “registered building control approver”.

3

In the heading before section 47, for “approved inspectors” substitute “registered building control approvers”.

4

(1) Section 47 (giving and acceptance of initial notice) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) for “an approved inspector” substitute “a registered building control approver”;

(b) in the words after paragraph (d) for “approved inspector” substitute “registered building control approver”.

(3) In subsection (5)(b)—

(a) for “approved inspector” substitute “registered building control approver”;

(b) for “his” substitute “their”.

5

Omit section 49 (approved inspectors).

6

In section 50(7) (plans certificates) for “approved inspector”, in both places it occurs, substitute “registered building control approver”.

7

In section 51(1) (final certificates)—

(a) for “an approved inspector” substitute “a registered building control approver”;

(b) for “him” substitute “them”;

(d) for “his” substitute “their”.

8

In section 51A(2)(a)(ii) (variation of work) for “approved inspector” substitute “registered building control approver”.

9

In section 51C(2)(a) (change of person carrying out work) for “approved inspector” substitute “registered building control approver”.

10

(1) Section 52 (cancellation of initial notice) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a)—

(i) for “approved inspector” substitute “registered building control approver”;

(ii) for “his” substitute “their”;

(b) in paragraph (b)—

(i) for “approved inspector” substitute “registered building control approver”;

(ii) for “he is” substitute “they are”;

(iii) for “his” substitute “their”;

(3) In subsection (2)(a) for “approved inspector” substitute “registered building control approver”.

11

In section 56(5) (powers to require information) for “approved inspector” substitute “registered building control approver”.

12

In section 57 (offences), for subsection (3) substitute—

(3) Where a registered building control approver is convicted of an offence under this section, the court by or before which they are convicted must, within one month of the date of conviction, forward a certificate of the conviction to— (a) the regulatory authority, or (b) if the regulatory authority has delegated its functions in relation to the register of building control approvers to another person under section 58Y, that person.

13

In section 58(3) (construction of Part 2)—

(a) for “an approved inspector” substitute “a registered building control approver”;

(b) for “him” substitute “them”.

14

In section 126 (general interpretation)—

(a) omit the definition of “approved inspector”;

(b) at the appropriate place insert—

“registered building control approver” has the meaning given by section 58N;

;

““registered building inspector” has the meaning given by section 58B;

;

“regulatory authority” has the meaning given by section 58A;

Schedule 5

Part 1 — Amendments of the Building Act 1984

1

The Building Act 1984 is amended as follows.

2

(1) Section 1 is amended as follows.

(2) In subsection (1) for “Secretary of State” substitute “appropriate national authority”.

(3) In subsection (4) for the words from “subject to” to the end substitute

— (a) in the case of a statutory instrument made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament; (b) in the case of a statutory instrument made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.

3

In section 1A(1) for “Secretary of State” substitute “appropriate national authority”.

4

(1) Section 2 is amended as follows.

(2) In subsection (1) for “Secretary of State” substitute “appropriate national authority”.

(3) In subsections (3) and (4) for “local authority” substitute “building control authority”.

5

(1) Section 3 is amended as follows.

(2) In subsection (2) for “Secretary of State” substitute “appropriate national authority”.

(3) After that subsection insert—

(2A) The regulator may at any time make a proposal to the Secretary of State for the giving of a direction under subsection (2). (2B) Before making a proposal, the regulator must consult such persons as it considers appropriate. (2C) Before giving a direction under subsection (2), other than a direction proposed by the regulator, the Secretary of State must consult— (a) the regulator, and (b) any other person that the Secretary of State considers appropriate.

(4) In subsection (3)—

(a) omit “not exceeding level 5 on the standard scale”;

(b) for “£50” substitute “level 1 on the standard scale”.

6

In section 4(1)(a)(i) for “Secretary of State” substitute “appropriate national authority”.

7

In section 5(3)(b) omit “of building regulations”.

8

Omit section 5(4).

9

(1) Section 6 is amended as follows.

(2) For “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.

(3) In subsection (1) for “him”, in each place it occurs, substitute “the appropriate national authority”.

(4) In subsection (4)(a) omit “him or”.

(5) In subsection (5) omit “his or”.

(6) After that subsection insert—

(5A) A notice under subsection (3) or (5) may contain transitional or saving provision (and different provision may be made for different purposes or for different areas). (5B) A body may give an approval under subsection (1) or (4), or withdraw an approval under subsection (5), only with the consent of the appropriate national authority.

(7) In subsection (8) for the words from “subject to” to the end substitute

— (a) in the case of a statutory instrument made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament; (b) in the case of a statutory instrument made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.

(8) After subsection (8) insert—

(9) An order under subsection (8) may provide that a body is designated only in relation to— (a) buildings of a specified description; (b) work of a specified description; (c) specified provisions of building regulations.

10

(1) Section 7 is amended as follows.

(2) In subsection (1)(a) for the words from “document” to “provision” substitute “relevant approved document”.

(3) After subsection (1) insert—

(1A) In subsection (1) “relevant approved document” means a document approved for the purposes of the provision that applies in relation to the work in question.

11

(1) Section 8 is amended as follows.

(2) For “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.

(3) In subsection (1) for “he” substitute “it”.

(4) After subsection (3) insert—

(3A) If, in a case where the regulator is the building control authority— (a) an application for a direction under this section is made to the regulator, and (b) the regulator considers that the operation of a requirement in building regulations would be unreasonable in relation to the particular case, it may give a direction dispensing with or relaxing the requirement. (3B) No application under subsection (1) or (2) may be made in a case where the regulator is the building control authority.

12

(1) Section 9 is amended as follows.

(2) For “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.

(3) In subsection (1) for “or (2) above” substitute “, (2) or (3A)”.

(4) In subsection (2) for “The application” substitute “An application under section 8(1) or (2)”.

(5) In subsection (3) at the end insert “or in a case where the regulator is the building control authority.”

13

(1) Section 10 is amended as follows.

(2) In subsections (1), (2), (4) and (5) for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.

(3) In subsections (1), (2) and (5) for “local authority”, in each place it occurs, substitute “building control authority”.

(4) In subsection (1) after “(2)” insert “, (3A)”.

(5) In subsection (2) omit “he, they or”.

(6) In subsection (4) omit “himself”.

14

(1) Section 11 is amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State” substitute “appropriate national authority”;

(b) for “he may, either on an application made to him or of his” substitute “the authority may, either on an application made by any person (the “original applicant”) or of its”.

(3) In subsection (2)(b)—

(a) after “may” insert “, either on an application or of the appropriate national authority’s own accord,”;

(b) for “Secretary of State” substitute “appropriate national authority”.

(4) In subsection (3)—

(a) after “(1)” insert “or (2)(b)”;

(b) for “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.

(5) After that subsection insert—

(3A) The regulator may at any time make a proposal to the Secretary of State for the giving of a direction under this section. (3B) Before making a proposal, the regulator must consult— (a) such persons as it considers appropriate, and (b) if the proposal is for a direction that would vary or revoke a direction given on an application under subsection (1), the original applicant. (3C) Before giving a direction under this section, other than a direction proposed by the regulator, the Secretary of State must consult— (a) the regulator, (b) any other person the Secretary of State considers appropriate, and (c) if the direction would vary or revoke a direction given on an application under subsection (1), the original applicant.

(6) For subsections (4) and (5) substitute—

(4) Before giving a direction under subsection (1) or (2)(b), the Welsh Ministers must consult such persons as they consider appropriate. (5) Where the appropriate national authority gives a direction under subsection (1) or (2)(b), it must publish notice of that fact in such way as it considers appropriate.

(7) In subsection (6)—

(a) omit “not exceeding level 5 on the standard scale”;

(b) for “£50” substitute “level 1 on the standard scale”.

(8) In subsection (7) for the words from “before that time” to the end substitute “an application for building control approval in relation to the proposed work was made before that time.”

15

(1) Section 12 is amended as follows.

(2) In subsections (1), (3), (7), (8), (9) and (11) and the heading, for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.

(3) In subsection (1) for “to him or of his” substitute “by any person (the “original applicant”) or of its”.

(4) In subsection (3) for “he” substitute “it”.

(5) In subsection (6)—

(a) for “Secretary of State”, in the first place it occurs, substitute “appropriate national authority”;

(b) for the words from “him” to the end substitute “it or of its own accord.”

(6) In subsection (7) for “(1) or (6) above” substitute “(1), (6) or (8)”.

(7) In subsection (8) for the words from “but” to the end substitute “either on an application or of the appropriate national authority’s own accord.”

(8) After subsection (8) insert—

(8A) The regulator may at any time make a proposal to the Secretary of State for— (a) the giving of an approval under subsection (1), or (b) the varying or revocation of a certificate under subsection (6) or (8). (8B) Before making a proposal, the regulator must consult— (a) such persons as it considers appropriate, and (b) if the proposal is to vary or revoke a certificate issued on an application under subsection (1), the original applicant. (8C) Before giving an approval or varying or revoking a certificate under this section, unless acting on a proposal of the regulator, the Secretary of State must consult— (a) the regulator, (b) any other person the Secretary of State considers appropriate, and (c) if varying or revoking a certificate issued on an application under subsection (1), the original applicant. (8D) Before varying or revoking a certificate issued on an application under subsection (1), the Welsh Ministers must give the original applicant reasonable notice that they propose to do so (except in the case of a variation or revocation made on the application of that person).

(9) In subsection (9) for “he”, in both places it occurs, substitute “it”.

(10) In subsection (10) for the words from “before that time” to the end substitute “an application for building control approval in relation to the proposed work was made before that time.”

16

(1) Section 13 is amended as follows.

(2) For “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.

(3) In subsection (1) omit “on him”.

17

(1) Section 14 is amended as follows.

(2) Omit subsections (1) to (4).

(3) In subsection (7) for the words from “such” to the end substitute “any other person that the Welsh Ministers consider appropriate.”

(4) In subsection (8)—

(a) in paragraph (b) for “persons or bodies” substitute “persons”;

(b) for paragraph (c) substitute—

(c) any other person that the Welsh Ministers consider appropriate.

(5) In the heading at the end insert “: Wales”.

18

In section 15 after subsection (2) insert—

(3) As regards a requirement of a kind mentioned in subsection (1), the regulator must consult the fire and rescue authority before exercising the power under section 8(3A) in relation to any premises or proposed premises.

19

For the heading before section 16 substitute “Building control approval”.

20

Omit sections 16 and 17.

21

(1) Section 19 is amended as follows.

(2) For “local authority”, in each place it occurs except subsection (1), substitute “building control authority”.

(3) In subsection (1)—

(a) for the words from the beginning to “plans show” substitute “Where an application for building control approval in respect of a proposed building is made to a building control authority, and it appears”;

(b) for “plans conform” substitute “application conforms”;

(d) in paragraph (b) for “passing the plans” substitute “granting the application”.

(4) In subsection (2)—

(a) for “plans ought under the building regulations to have been deposited, but have not been deposited,” substitute “an application for building control approval ought to have been made but was not made”;

(b) in paragraph (b) for “passing of plans for the building” substitute “granting of such an application”.

(5) In subsection (4) for “plans” substitute “an application”.

22

(1) Section 20 is amended as follows.

(2) For “local authority”, in each place it occurs except subsection (1), substitute “building control authority”.

(3) In subsection (1)—

(a) for the words from the beginning to “plans show” substitute “Where an application for building control approval in respect of any proposed work is made to a building control authority, and it appears”;

(b) for “plans conform” substitute “application conforms”;

(d) in paragraph (b) for “passing the plans”, in both places it occurs, substitute “granting the application”.

(4) In subsection (2)—

(a) in the words before paragraph (a), for the words from “plans” to “so deposited” substitute “an application for building control approval ought to have been made but was not made”;

(b) in paragraph (b) for “passing plans” substitute “granting the application”.

(5) In subsection (3)—

(a) in the words before paragraph (a), for the words from “plans” to “so deposited” substitute “an application for building control approval was not required by building regulations to be made and was not made”;

(b) in paragraph (b) for the words from “if plans” to the end substitute “if an application for building control approval in respect of the work had been required to be made and had been made, might have been imposed under subsection (1) in granting the application,”.

(6) In subsection (5)(a) for “plans” substitute “an application”.

(7) In subsection (7)—

(a) omit “not exceeding level 5 on the standard scale”;

(b) for “£50” substitute “level 1 on the standard scale”.

(8) In subsection (10)—

(a) for “Secretary of State” substitute “appropriate national authority”;

(b) for “his”, in both places it occurs, substitute “its”.

23

(1) Section 21 is amended as follows.

(2) For “local authority”, in each place it occurs, substitute “building control authority”.

(3) In subsection (3) for “plans are deposited” substitute “an application for building control approval is made”.

(4) In subsection (4) for the words from “plans” to “deposited with” substitute “an application for building control approval in respect of a building or an extension of a building is made to”.

24

(1) Section 22 is amended as follows.

(2) For “local authority”, in each place it occurs, substitute “building control authority”.

(3) In subsection (2) for the words from “for whose drainage” to the end substitute “if building control approval has been given in respect of work comprising drainage for the building.”

25

In section 23(3) for “local authority”, in both places it occurs, substitute “building control authority”.

26

(1) Section 24 is amended as follows.

(2) For “local authority”, in each place it occurs, substitute “building control authority”.

(3) In subsection (1)—

(a) in paragraph (a) for the words from “plans” to “deposited with” substitute “an application for building control approval in respect of a building or an extension of a building is made to”;

(b) in the words after paragraph (b) for “plans” substitute “application”.

(4) In subsection (2) for “plans are deposited” substitute “an application for building control approval is made”.

27

(1) Section 25 is amended as follows.

(2) For “local authority”, in each place it occurs, substitute “building control authority”.

(3) In subsection (1)—

(a) for “plans of a house are, in accordance with building regulations, deposited with” substitute “an application for building control approval in respect of a house is made to”;

(b) for “the plans” substitute “the application”.

(4) In subsection (2)—

(a) for “plans are deposited” substitute “an application for building control approval is made”;

(b) for “pass the plans” substitute “grant the application”.

(5) In subsection (3) for “plans as aforesaid have been passed” substitute “application has been granted”.

28

Omit section 31 (and the heading before it).

29

In the heading before section 32 for “deposit of plans” substitute “building control approval”.

30

(1) Section 33 is amended as follows.

(2) For subsections (1) and (2) substitute—

(1) Where work to which building regulations are applicable is proposed or carried out, the building control authority has the powers under subsection (2) for the purpose of ascertaining whether any provision of building regulations is or would be contravened— (a) by or in connection with the work, or (b) in relation to the building that the work has been, is being or will be carried out on. (2) The powers are— (a) to require a person by whom or on whose behalf the work was, is being, or is proposed to be done to carry out such reasonable tests of or in connection with the work, or in relation to the building, as may be specified in the requirement, or (b) to carry out any reasonable tests of or in connection with the work, or in relation to the building, and to take any samples necessary to enable them to carry out such a test.

(3) After subsection (3) insert—

(3A) The tests that may be required or carried out under subsection (2) include in particular tests involving— (a) the cutting into or laying open of any work or any building, and (b) the pulling down of any work.

(4) In subsections (4), (5) and (6) for “local authority”, in each place it occurs, substitute “building control authority”.

31

Omit section 35A.

32

(1) Section 36 is amended as follows.

(2) In subsections (1) to (3) for “local authority”, in each place it occurs, substitute “building control authority”.

(3) In subsection (1) after “those regulations” insert “or a requirement imposed by virtue of any of those regulations”.

(4) In subsection (2)—

(a) for “any section of this Part of this Act other than section 16” substitute “any of sections 19 to 25”;

(b) for “plans”, in the first place it occurs, substitute “an application for building control approval”;

(a) without such an application having been made, (b) notwithstanding the refusal of such an application, or

;

(d) in paragraph (c) for “passed the plans” substitute “granted such an application”;

(e) in paragraph (ii) for “passing plans” substitute “granting such an application”.

(5) For subsection (5) substitute—

(5) Subsection (5A) applies where— (a) an application for building control approval is made to a building control authority in respect of any work that is not higher-risk building work, (b) the application is granted, and (c) work that is shown on the plans approved by the granting of the application (“the work”) is executed in accordance with— (i) the plans, and (ii) any requirement imposed by the building control authority. (5A) A section 36 notice may not be given on the ground that the work contravenes— (a) any building regulations or any requirement imposed by virtue of the regulations, or (as the case may be) (b) any requirement under any of sections 19 to 25.

(6) In subsection (6)—

(a) for “does” substitute “, and sections 35B and 35C, do”;

(b) for “local authority”, in the first place it occurs, substitute “building control authority”;

(d) for paragraphs (a) to (c) substitute—

(a) an application for building control approval was made to the local authority in respect of the work, (b) the application was granted, (c) the work was executed in accordance with— (i) the plans approved by the granting of the application, and (ii) any requirement imposed by the authority, and (d) the work was not higher-risk building work,

33

In section 37(1) for “local authority”, in each place it occurs, substitute “building control authority”.

34

In section 39(1) and (2) for “local authority”, in each place it occurs, substitute “building control authority”.

35

In section 40(2), (3) and (6) for “local authority”, in each place it occurs, substitute “building control authority”.

36

In section 41(1)(a) for the words from “under this” to the end substitute “under, or under an instrument made under, this Part or Part 4 as it applies in relation to this Part,”.

37

In section 42(1) for “local authority”, in both places it occurs, substitute “building control authority”.

38

Omit sections 44 and 45 (and the heading before section 44).

39

In the heading of Part 2 for “LOCAL AUTHORITIES” substitute “BUILDING CONTROL AUTHORITIES”.

40

(1) Section 47 is amended as follows.

(2) In subsection (2)—

(a) for “plans of it had been deposited with” substitute “an application for building control approval in respect of it had been made to”;

(b) for “passing the plans” substitute “granting the application”.

(3) After subsection (3) insert—

(3A) Subsection (3) does not apply in prescribed circumstances.

41

(1) Section 48 is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) after “section” insert “35B, 35C or”;

(b) in paragraph (b) omit “of building regulations”.

(3) In subsection (2)—

(a) in paragraph (a) for “deposit of plans” substitute “making of an application for building control approval”;

(b) in paragraph (b) for “deposited plans” substitute “plans accompanying the application for building control approval”;

(c) in paragraph (c) for “passing or, as the case may be, the rejection of plans” substitute “approval or rejection of the application”;

(d) for paragraph (d) substitute—

(d) where an initial notice ceases to be in force under section 53A, the application for building control approval (treated by virtue of paragraph (a) as made) is to be treated as if it was not made (and the approval was not given).

42

(1) Section 51A is amended as follows.

(2) In subsection (4)—

(a) for “plans of it had been deposited with” substitute “an application for building control approval in respect of it had been made to”;

(b) for “passing the plans” substitute “granting the application”.

(3) After subsection (5) insert—

(5A) Subsection (5) does not apply in prescribed circumstances.

43

In section 51B(1)—

(a) in paragraph (a) for “deposit of plans” substitute “making of an application for building control approval”;

(b) in paragraph (b) for “passing or, as the case may be, the rejection of plans” substitute “approval or rejection of the application”;

(i) in the words before sub-paragraph (i) for “deposited plans” substitute “plans treated as accompanying the application for building control approval”;

(ii) in sub-paragraph (ii) for “the deposited plans” substitute “accompanying the application”;

(d) in paragraph (d) for the words from “, the cancellation” to the end substitute “and the initial notice ceases to be in force under section 53A, the application for building control approval (treated by virtue of paragraph (a) as made) is to be treated as if it was not made (and the approval was not given).”

44

(1) Section 52 is amended as follows.

(2) In subsection (4) omit “not exceeding level 5 on the standard scale”.

(3) In subsection (6) for “(5)” substitute “(5A)”.

45

In section 53 omit subsections (6) and (6A).

46

(1) Section 54 is amended as follows.

(2) In subsection (1) for “Secretary of State” substitute “appropriate national authority”.

(3) In subsection (2)—

(a) for “plans of it had been deposited with” substitute “an application for building control approval in respect of it had been made to”;

(b) for “passing the plans” substitute “granting the application”.

47

In section 56(3) for the words from “, public body’s final certificates” to the end substitute “and public body’s final certificates.”

48

(1) Section 57 is amended as follows.

(2) In subsection (1)(a)(i) for the words from “of this Act” to the end (not including the “and”) substitute “or a provision of building regulations that is designated by the regulations for the purposes of this section,”.

(3) In subsection (2)(a) omit “not exceeding the statutory maximum”.

49

Omit section 58(2).

50

In section 68(8)(b) for “Secretary of State” substitute “appropriate national authority”.

51

In section 78(7)(b) omit “and (3) below”.

52

In section 86(1)(a) for the words from “under this” to the end substitute “under, or under an instrument made under, this Part or Part 4 as it applies in relation to this Part,”.

53

In section 90(2) for “Secretary of State” substitute “appropriate national authority”.

54

In the italic heading before section 91 at the end insert “etc”.

55

(1) Section 91A is amended as follows.

(2) In subsections (1), (2) and (4) for “local authority”, in each place it occurs, substitute “relevant authority”.

(3) In subsection (2)(a) omit “, or deposited with,”.

(4) In subsection (5)—

(a) in the definition of “prescribed” for “Secretary of State” substitute “appropriate national authority”;

(b) insert at the appropriate place—

“relevant authority” means a local authority or the regulator.

(5) In the heading after “local authorities” insert “and the regulator”.

(6) Omit subsections (6) to (8).

56

After section 91A insert—

(91B) (1) Relevant persons (as defined by subsection (7)) must cooperate with each other in the exercise of any of the following functions— (a) any function of a local authority under this Act, (b) any function of a Welsh fire and rescue authority under— (i) section 6 or 7 of the Fire and Rescue Services Act 2004, or (ii) the Regulatory Reform (Fire Safety) Order 2005, and (c) any function of a fire inspector under that Order. (2) A relevant person may disclose information held in connection with any of their relevant functions to another relevant person for the purposes of a relevant function of either of them. (3) The Welsh Ministers and a relevant person must cooperate with each other in the exercise of any of the following functions— (a) a function of the Welsh Ministers under Part 2A; (b) a function mentioned in the relevant paragraph of subsection (1). (4) The Welsh Ministers may disclose information held in connection with a function under Part 2A to a relevant person for the purposes of— (a) a function of the Welsh Ministers under Part 2A, or (b) a function mentioned in the relevant paragraph of subsection (1). (5) A relevant person may disclose information held in connection with a function mentioned in the relevant paragraph of subsection (1) to the Welsh Ministers for the purposes of— (a) a function mentioned in the relevant paragraph of subsection (1), or (b) a function of the Welsh Ministers under Part 2A. (6) In subsections (3) to (5) “the relevant paragraph” of subsection (1), in relation to a kind of relevant person, means the paragraph of subsection (1) relating to a relevant person of that kind. (7) In this section— - “fire inspector” means an inspector or assistant inspector appointed under section 28(1) of the Fire and Rescue Services Act 2004; - “relevant person” means a local authority in Wales, Welsh fire and rescue authority or fire inspector; - “relevant function” means—in relation to a local authority, any function of a local authority under—the Prevention of Damage by Pests Act 1949,Part 2 of the Public Health Act 1961,Part 11 of the Local Government (Miscellaneous Provisions) Act 1982,Part 3 of the Environmental Protection Act 1990,Parts 1 to 4 of the Housing Act 2004, orthis Act,or any prescribed function of a local authority;in relation to a Welsh fire and rescue authority, any function of such an authority under—the Fire and Rescue Services Act 2004, orthe Regulatory Reform (Fire Safety) Order 2005,or any prescribed function of such an authority;in relation to a fire inspector, any function of a fire inspector under the Regulatory Reform (Fire Safety) Order 2005; - “Welsh fire and rescue authority” means a fire and rescue authority, within the meaning of Part 1 of the Fire and Rescue Services Act 2004, for an area in Wales. (8) Except as provided by subsection (9), the disclosure of information under this section does not breach— (a) any obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (9) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).

57

(1) Section 92 is amended as follows.

(2) In subsection (1) after “authority”, in both places it occurs, insert “or the regulator”.

(3) In subsection (2)—

(a) for “Secretary of State” substitute “appropriate national authority”;

(b) omit “made by statutory instrument”.

58

(1) Section 94 is amended as follows.

(2) The existing provision becomes subsection (1) of that section.

(3) In that subsection—

(a) in the words before paragraph (a) after “made by” insert “or under”;

(b) after paragraph (b) insert—

(ba) in the case of an authorised officer of the regulator, by— (i) leaving it at the relevant address (see subsection (2)), or (ii) sending it in a prepaid letter addressed to the officer at the relevant address;

;

(c) in paragraph (c) for “other person” substitute “person other than an officer of a local authority or an authorised officer of the regulator”;

(d) after paragraph (c) insert—

(ca) in the case of a partnership, by— (i) delivering it to any partner, (ii) leaving it at the principal office of the partnership, or (iii) sending it in a prepaid letter addressed to the partnership at its principal office;

;

(e) after paragraph (f) insert—

(g) by sending it by email to an electronic address at which the person has agreed to receive documents or has agreed to receive the document.

(4) After that subsection insert—

(2) In subsection (1)— - “agreed” means agreed in writing; - “authorised officer” means a person in respect of whom an authorisation under section 22 of the Building Safety Act 2022 is in force; - “the relevant address” means—the address specified by the officer in writing, orif no address has been specified, the principal office of the regulator.

59

Omit section 94A.

60

In section 95 after subsection (2) insert—

(2A) Subsections (1) and (2) do not apply in relation to premises used wholly or mainly as a private dwelling.

61

In section 97 after “authority” insert “or the regulator”.

62

In section 99(2)(a) after “authority” insert “or the regulator (as the case may be)”.

63

(1) Section 100 is amended as follows.

(2) For “local authority”, in each place it occurs, substitute “relevant authority”.

(3) After subsection (3) insert—

(4) In this section “relevant authority” means a local authority or the regulator.

64

(1) Section 101 is amended as follows.

(2) In subsection (1) for “local authorities” substitute “any relevant authority”.

(3) In subsection (2) for “local authority” substitute “relevant authority”.

(4) After that subsection insert—

(3) In this section “relevant authority” means a local authority or the regulator.

65

In section 102(3)(b)(ii) after “authority” insert “or the regulator”.

66

(1) Section 104 is amended as follows.

(2) In the provision—

(a) after “authority”, in the first place it occurs, insert “or the regulator”;

(b) after “authority”, in the second place it occurs, insert “or regulator”.

(3) In the heading after “authority” insert “or regulator”.

67

(1) Section 106 is amended as follows.

(2) In subsection (2) omit “Subject to subsection (3) below,”.

(3) Omit subsection (3).

68

(1) Section 107 is amended as follows.

(2) For “local authority”, in each place it occurs, substitute “relevant authority”.

(3) After subsection (5) insert—

(6) In this section “relevant authority” means a local authority or the regulator.

69

(1) Section 108 is amended as follows.

(2) For “local authority”, in each place it occurs, substitute “relevant authority”.

(3) After subsection (4) insert—

(5) In this section “relevant authority” means a local authority or the regulator.

70

(1) Section 110 is amended as follows.

(2) In the existing provision (which becomes subsection (1) of that section) for “local authority”, in each place it occurs, substitute “relevant authority”.

(3) After that subsection insert—

(2) In this section “relevant authority” means a local authority or the regulator.

71

In section 111 for “Secretary of State” substitute “appropriate national authority”.

72

(1) Section 112 is amended as follows.

(2) The existing provision becomes subsection (1) of that section.

(3) In that subsection for “level 1” substitute “level 3”.

(4) After that subsection insert—

(2) Subsection (1) does not apply where the person obstructed is an authorised officer (within the meaning of section 22 of the Building Safety Act 2022).

73

In section 113(b) after “authority” insert “, the regulator, the Welsh Ministers, the Counsel General to the Welsh Government”.

74

(1) Section 119 is amended as follows.

(2) In the existing provision (which becomes subsection (1) of that section)—

(a) for “Secretary of State” substitute “appropriate national authority or the regulator”;

(b) for “he” substitute “it”.

(3) After that subsection insert—

(2) Section 250 of the Local Government Act 1972 (power to direct inquiries) applies in relation to a local inquiry caused to be held by the regulator as it applies in relation to one caused to be held by the Secretary of State.

75

In the italic heading before section 120 at the end insert “and regulations”.

76

(1) Section 120 is amended as follows.

(2) In subsection (1) for the words from “section” to “this Act,” substitute “section 134(1)”.

(3) In subsection (2)—

(a) omit “30(3) above or”;

(b) after “Secretary of State” insert “or Welsh Ministers”;

77

After section 120 insert—

(120A) (1) This section applies to regulations under section 54A, 55, 56A, 56B, 90A, 91A, 92, 105B, 105C, 120D, 120I or 125A. (2) A power to make regulations includes power to make— (a) consequential, supplementary, incidental, transitional, transitory or saving provision; (b) different provision for different purposes or for different areas. (3) Regulations may describe a building by reference to its height, size, design, use, purpose or any other characteristic. (4) Regulations under section 54A may make such consequential amendments of this Act as the appropriate national authority considers appropriate. (5) Regulations under section 90A may make such consequential amendments of this Act as the Secretary of State considers appropriate. (6) Regulations are to be made by statutory instrument. (7) A statutory instrument containing (whether alone or with other provision)— (a) regulations under section 54A, 90A, 105C or 125A, or (b) regulations under section 120D (2)(b) or (6), or regulations made by virtue of section 120D (4)(c), may not be made by the Secretary of State unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (8) Any other statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament. (9) A statutory instrument containing (whether alone or with other provision) regulations under section 54A, 120I(2) or 125A may not be made by the Welsh Ministers unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru. (10) Any other statutory instrument containing regulations made by the Welsh Ministers is subject to annulment in pursuance of a resolution of Senedd Cymru. (120B) (1) The regulator may at any time make proposals to the Secretary of State for the making of regulations under this Act. (2) Before making a proposal, the regulator must consult such persons as it considers appropriate. (3) Before making any regulations under this Act, other than regulations proposed by the regulator, the Secretary of State must consult— (a) the regulator, and (b) any other person that the Secretary of State considers appropriate. (4) This section does not apply in relation to regulations under section 120D. (120C) (1) Before making any regulations under this Act except building regulations or regulations under section 120I, the Welsh Ministers must consult such persons as they consider appropriate. (2) Before making any regulations under section 120I, the Welsh Ministers must consult— (a) the Building Regulations Advisory Committee for Wales, and (b) any other person that the Welsh Ministers consider appropriate. (3) See also section 14 (consultation requirements for building regulations).

78

(1) Section 121 is amended as follows.

(2) In subsection (2) for “Secretary of State” substitute “appropriate national authority”.

(3) After subsection (3) insert—

(4) Nothing in this section applies in relation to section 120D or 120I.

79

Omit section 124.

80

After section 125 insert—

(125A) (1) In the relevant provisions references to work include a material change of use as defined by building regulations. (2) The appropriate national authority may by regulations provide that in a specified relevant provision references to work include any specified matter. (3) “Relevant provision” means any provision of the following— (a) Part 1 except sections 2(3) to (5), 20(9), 21(7), 22(2), 33(3A), 36, 37 and paragraph 1G of Schedule 1; (b) Part 2; (c) Part 2A; (d) sections 91ZA to 91ZD; (e) section 101A; (f) section 105C; (g) section 120I (3). (4) In this section “specified” means specified by regulations under this section.

81

(1) Section 126 is amended as follows.

(2) At the appropriate place insert—

“appropriate court or tribunal” means—in relation to England, the tribunal;in relation to Wales, a magistrates’ court;

;

“appropriate national authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;

;

“building control approval” has the meaning given by paragraph 1B of Schedule 1;

;

““building control authority” has the meaning given by section 121A;

;

““the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

;

“higher-risk building”—in relation to England, has the meaning given by section 120D;in relation to Wales, has the meaning given by section 120I;

;

““higher-risk building work”—in relation to England, has the meaning given by section 91ZA;in relation to Wales, has the meaning given by section 120I;

;

““maximum summary term for either-way offences”, with reference to imprisonment for an offence, means—if the offence is committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;if the offence is committed after that time, 12 months;

;

““the regulator” means the Health and Safety Executive;

;

““the tribunal” means the First-tier Tribunal;

(3) Omit the definition of “relevant period”.

82

In section 134 after subsection (1) insert—

(1A) Except so far as relating to the provisions listed in subsection (1B), the reference in subsection (1) to the Secretary of State is to be read, in relation to Wales, as a reference to the Welsh Ministers. (1B) The provisions mentioned in subsection (1A) are sections 38, 44, 45 and 133(2) and Schedule 7.

83

(1) Schedule 1 is amended as follows.

(2) In paragraph 1(b) for “Secretary of State” substitute “appropriate national authority”.

(3) Omit paragraphs 2 to 5.

(4) In paragraph 6—

(a) for “local authorities”, in both places it occurs, substitute “building control authorities”;

(b) for “local authority” substitute “building control authority”.

(5) In paragraph 7A(4) for “under paragraph 4A” substitute “by virtue of paragraph 1A”.

(6) In paragraph 8—

(a) in sub-paragraph (1)(e) omit the words “for the purposes of this paragraph”;

(b) in sub-paragraph (2) for “(6)” substitute “(7)”;

(7) The provision that may be made by building regulations includes provision imposing a requirement to do things for the purpose mentioned in section 1(1)(b) (conserving fuel and power) in any case where a building becomes a building of a prescribed description.

(7) Omit paragraph 9.

(8) For paragraph 10 substitute—

(10) (1) Building regulations may make supplementary, incidental, transitional, transitory or saving provision. (2) Building regulations may make— (a) different provision for different purposes, and (b) different provision for different areas. (3) The power conferred by sub-paragraph (2)(a) includes in particular the power to make different provision for— (a) higher-risk buildings or proposed higher-risk buildings, or (b) higher-risk building work, and different provision for different descriptions of such buildings or work. (4) Nothing in sub-paragraph (3) is to be read as limiting the effect of section 34 (classification of buildings).

(9) In paragraph 11 for “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.

84

(1) Schedule 2 is amended as follows.

(2) For “local authority”, in each place it occurs, substitute “building control authority”.

(3) In paragraphs 2 and 3(5) for “Secretary of State” substitute “appropriate national authority”.

85

In Schedule 3, in paragraph 4 for “section 14(3)” substitute “section 120B (3)”.

86

In Schedule 4, in paragraph 4 omit sub-paragraph (6).

Part 2 — Other amendments

Parliamentary Commissioner Act 1967 (c. 13)

87

In Schedule 2 to the Parliamentary Commissioner Act 1967, omit the entry relating to the Building Regulations Advisory Committee for England.

Freedom of Information Act 2000 (c. 36)

88

In Schedule 1 to the Freedom of Information Act 2000, in Part 6 omit the entry relating to the Building Regulations Advisory Committee for England.

Sustainable and Secure Buildings Act 2004 (c. 22)

89

(1) The Sustainable and Secure Buildings Act 2004 is amended as follows.

(2) In section 3 omit subsections (8) and (9).

(3) In section 4 omit subsection (4).

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