Legalize / United Kingdom / Public General Act

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

articles Not indexed

Reform history JSON API

The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)

90

(1) The Regulatory Reform (Fire Safety) Order 2005 is amended as follows.

(2) Omit article 45.

(3) In article 52(1) omit sub-paragraph (k).

Schedule 6

Introduction

1

The Building Act 1984 is amended as follows.

Transfer from Secretary of State to the regulator

2

In section 10(6) (procedure where appeal against decision of local authority under section 8) for the words from “to the Secretary of State” to the end substitute

copies of the representations to— (a) the regulator, in the case of a local authority for an area in England; (b) the Welsh Ministers, in the case of a local authority for an area in Wales.

3

(1) Section 20 (use of materials unsuitable for permanent building) is amended as follows.

(2) In subsection (5) omit the words from “to the Secretary of State” to the end.

(3) After that subsection insert—

(5A) The appeal is to be made to— (a) the regulator, in the case of action by a local authority for an area in England; (b) the tribunal, in the case of action by the regulator; (c) the Welsh Ministers, in the case of action by a local authority for an area in Wales.

4

(1) Section 39 (appeal against refusal to relax building regulations) is amended as follows.

(2) In subsection (1) omit “to the Secretary of State”.

(3) After that subsection insert—

(1A) The appeal is to be made to— (a) the regulator, in the case of a refusal by a local authority for an area in England; (b) the tribunal, in the case of a refusal by the regulator; (c) the Welsh Ministers, in the case of a refusal by a local authority for an area in Wales.

(4) Omit subsections (3) to (6).

5

(1) Section 42 (appeal and statement of case to High Court in certain cases) is amended as follows.

(2) Before subsection (1) insert—

(A1) Where the Secretary of State gives a decision on an application for a direction under section 8, any of the following may appeal to the High Court against the decision on a point of law— (a) the applicant; (b) the local authority; (c) the registered building control approver.

(3) In subsection (1)—

(a) for “Secretary of State gives” substitute “Welsh Ministers give”;

(b) for paragraph (b) (not including the “or” at the end) substitute—

(b) on an appeal under section 50,

(4) In subsection (2) for paragraph (b) substitute—

(b) as regards an appeal under section 50, the person on whose application the appeal was made,

(5) In subsection (3)—

(a) omit “, reference”;

(b) after “subsection” insert “(A1) or”;

(6) In subsection (4) for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.

(7) Omit subsection (7).

6

Omit section 43 (procedure on appeal to Secretary of State on certain matters).

7

After that section insert—

(43A) (1) This section applies to an appeal to the regulator or the tribunal made under section 20(5), 39 or 50(2). (2) On determining the appeal, the regulator or the tribunal may give any directions it considers appropriate for giving effect to its determination. (3) Where the appeal is determined by the regulator, a relevant person may appeal to the tribunal against the regulator’s decision (and subsection (2) applies in relation to this appeal). (4) “Relevant person” means— (a) the appellant; (b) the local authority or registered building control approver.

8

In section 50 (plans certificates) for subsections (2) and (3) substitute—

(2) If a registered building control approver refuses to give a plans certificate on being asked to do so, the person intending to carry out the work may appeal to— (a) the regulator, in the case of work to be carried out in England; (b) the Welsh Ministers, in the case of work to be carried out in Wales.

Transfer from magistrates’ court to the tribunal: England

9

In the following provisions for “a magistrates’ court” substitute “the appropriate court or tribunal”—

(a) section 19(4) (use of short-lived materials);

(b) section 21(3), (4) and (6) (provision of drainage);

(d) section 24(2) (provision of exits etc);

(e) section 25(2) and (5) (provision of water supply);

(f) section 33(6) (tests for conformity with building regulations);

(g) section 36(3) (period for compliance with section 36 notice);

(h) section 40(1) (appeal against section 36 notice);

(i) section 55(1) (appeal against rejection of certain notices);

(j) section 62(2) (disconnection of drain);

(k) section 68(3) (erection of public conveniences);

(l) section 73(2) (raising of chimney);

(m) section 75(2), in both places it occurs, and section 75(3) (cellars etc below subsoil);

(n) section 77(1), in both places it occurs (dangerous buildings);

(o) section 78(7)(a) (dangerous buildings - emergency measures);

(p) section 85(3) (maintenance of entrances to courtyards);

(q) section 98 (power to require occupier to permit work);

(r) section 102(1) (appeal against notice requiring works);

(s) section 103(3) (notification requirement as regards right of appeal);

(t) in Schedule 2, paragraph 3 (3) (application under section 8).

10

In section 7(2)(b) after “court” insert “or tribunal”.

11

In section 25(5) after “the court”, in both places it occurs, insert “or tribunal”.

12

In section 33(6) after “the court”, in both places it occurs, insert “or tribunal”.

13

In section 37(3) for “a court” substitute “the appropriate court or tribunal”.

14

In section 40 after “the court”, in each place it occurs, insert “or tribunal”.

15

In section 55(2) after “court” insert “or tribunal”.

16

In section 62(2) after “the court” insert “or tribunal”.

17

In section 64(5)(b) after “court” insert “or tribunal”.

18

In section 70(4)(b) after “court” insert “or tribunal”.

19

In section 75(2) after “court” insert “or tribunal”.

20

In section 77(1) after “court” insert “or tribunal”.

21

In section 78(7)(b) after “court” insert “or tribunal”.

22

In section 83(3)(b) after “court” insert “or tribunal”.

23

In section 98—

(a) for “a complaint” substitute “an application or (as the case may be) complaint”;

(b) after “court” insert “or tribunal”.

24

In section 102(2), (3) and (4) after “court”, in each place it occurs, insert “or tribunal”.

25

(1) Section 103 is amended as follows.

(2) After subsection (1) insert—

(1A) Subsections (2) and (3) apply— (a) where this Act provides for an appeal to the tribunal against a requirement, refusal or other decision of a relevant authority, and (b) in relation to an appeal of a kind mentioned in subsection (1)(a).

(3) In subsection (2)—

(a) for “local” substitute “relevant”;

(b) after “making of the” insert “application or”.

(4) In subsection (3) “local” substitute “relevant”.

(5) After that subsection insert—

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

(6) In the heading for “magistrates’ court” substitute “appropriate court or tribunal”.

26

In section 104 after “court”, in both places it occurs, insert “or tribunal”.

27

In section 105 after “court” insert “or tribunal”.

28

In Schedule 2 in paragraph 2(b) after “court” insert “or tribunal”.

Enforcement

29

After section 105 insert—

(105A) (1) A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this Act is enforceable with the permission of the county court in the same way as an order of that court. (2) Subsection (1) does not apply to a decision of the First-tier Tribunal or Upper Tribunal ordering the payment of a sum (as to which see section 27 of the Tribunals, Courts and Enforcement Act 2007 (enforcement)).

Appeal: local authority decision not to consider application etc

30

After section 101 insert—

(101A) (1) This section applies where— (a) a local authority for an area in England refuses to consider an application for building control approval, or (b) a local authority refuses to consider an initial notice (within the meaning of section 47) or an amendment notice (within the meaning of section 51A), on the ground that all or part of the work to which the application or notice relates is higher-risk building work. (2) The person intending to carry out the work may appeal to the appropriate national authority, before the end of the prescribed period, on the ground that none of the work is higher-risk building work. (3) Building regulations may make provision about appeals under this section, including in particular provision— (a) about the making of an appeal; (b) requiring an appellant to notify the local authority of the making of an appeal; (c) imposing duties on the local authority in cases where an appeal is made; (d) for and in connection with the appropriate national authority appointing a person to determine the appeal (including provision conferring functions on that person and providing that their decision is treated as the decision of the appropriate national authority); (e) about the procedure to be adopted in connection with the determination of the appeal. (4) The provision that may be made by virtue of subsection (3)(a) includes provision about— (a) the form and content of a notice of appeal; (b) the information and documents that are to accompany a notice of appeal; (c) the way in which a notice of appeal, and anything that is to accompany it, is to be given. (5) The decision made on the appeal is final (subject to subsection (6)). (6) The appellant or the local authority may, before the end of the prescribed period and with the permission of the High Court, appeal to the High Court against the decision of the appropriate national authority on a point of law.

Schedule 7

Introductory

1

In this Schedule—

“special measures manager” means a person appointed under paragraph 4;

“special measures order” means an order under paragraph 4.

Notification by regulator before applying for special measures order

2

(1) This paragraph applies where the regulator proposes to make an application under paragraph 4 for a special measures order in relation to an occupied higher-risk building.

(2) The regulator must give a notice (an “initial notice”) of the proposal to—

(a) each accountable person for the building,

(b) each resident of the building who is aged 16 or over,

(d) any managing agent for the building or any relevant part of the building,

(e) any recognised tenants’ association for the building or any part of the building,

(f) any manager appointed under section 24 of the Landlord and Tenant Act 1987 in relation to the building or any part of the building,

(g) the fire and rescue authority for the area in which the building is situated,

(h) the local housing authority for the area in which the building is situated,

(i) where any accountable person for the building is a registered provider of social housing, the Regulator of Social Housing, and

(j) where any part of the building contains premises occupied for the purposes of a business, each responsible person (within the meaning of article 3 of the Regulatory Reform (Fire Safety) Order 2005) in relation to those premises.

(3) The initial notice must—

(a) state that the regulator proposes to make an application for a special measures order in relation to the building,

(b) specify the address of the building,

(d) specify the terms of the order that the regulator proposes to invite the tribunal to make (including the name and address of the person the regulator proposes to be the special measures manager for the building),

(e) specify a period in which recipients of the notice may make representations in response to the notice, and

(f) state that any representations must be in writing to such postal or email address as is specified in the notice.

(4) Where the terms specified by virtue of sub-paragraph (3)(d) include a term requiring an accountable person for the building to make payments to the special measures manager for the building, the regulator must give to the persons mentioned in sub-paragraph (2) a financial management proposal with the initial notice.

(5) After the end of the period mentioned in sub-paragraph (3)(e) the regulator must—

(a) decide whether to make the application, and

(b) give a notice (a “final notice”) of its decision to the persons mentioned in sub-paragraph (2).

(6) The final notice must—

(a) state whether or not the regulator intends to make the application,

(b) specify the reasons for reaching that decision, and

(c) if the regulator intends to make the application, specify the terms of the order that the regulator intends to invite the tribunal to make (including the name and address of the person the regulator proposes to be the special measures manager for the building).

(7) Where the terms specified by virtue of sub-paragraph (6)(c) include a term requiring an accountable person for the building to make payments to the special measures manager for the building, the regulator must give to the persons mentioned in sub-paragraph (2) a financial management proposal with the final notice.

(8) The regulator must comply with sub-paragraphs (5) to (7) before making the application.

(9) The duty under sub-paragraph (2), (4), (5)(b) or (7) does not apply in relation to a person mentioned in sub-paragraph (2) if the regulator—

(a) is not aware of the person, and

(b) has taken all reasonable steps to ascertain the identity of the persons mentioned in that sub-paragraph.

(10) In this paragraph—

“financial management proposal” has the meaning given by paragraph 3;

“relevant part”, in relation to a higher-risk building, means any part of the building except premises occupied for the purposes of a business.

(11) The Secretary of State may by regulations make provision in relation to notices under this paragraph, including in particular provision about—

(a) the form of the notice;

(b) the way in which the notice must be given.

(12) The Secretary of State may by regulations amend the list in sub-paragraph (2).

Meaning of “financial management proposal”

3

(1) In this Schedule “financial management proposal”, in relation to a higher-risk building, means a document setting out—

(a) an estimate of the relevant expenses the regulator expects a special measures manager for the building to incur (including a reasonable amount in respect of contingencies),

(b) the measures to which the relevant expenses relate, and

(i) the regulator's proposed apportionment of the relevant expenses between them, and

(ii) the reasons for that proposal (including any calculation giving rise to it).

(2) In this Schedule “relevant expenses” means expenses incurred by the special measures manager for a higher-risk building in connection with the exercise of their functions in relation to the building.

Special measures order

4

(1) The regulator may apply to the tribunal for an order under this paragraph in relation to an occupied higher-risk building (a “special measures order”).

(2) A special measures order is an order appointing a person to be the manager (a “special measures manager”) for the building to carry out the functions of all accountable persons for the building under, or under regulations made under, this Part.

(3) A special measures order may also appoint the manager to carry out any function as a receiver in relation to commonhold building safety assessments.

(4) The tribunal may make a special measures order if satisfied that there has been a serious failure, or a failure on two or more occasions, by an accountable person for the building to comply with a duty imposed on that person under, or under regulations made under, this Part.

(5) A special measures order may make provision with respect to—

(a) payments to be made by an accountable person for the building to the special measures manager in connection with relevant expenses incurred, or to be incurred, by the manager,

(b) any other matter relating to the exercise of the manager’s functions, and

(6) A special measures order may not make the provision mentioned in sub-paragraph (5)(a) in relation to a higher-risk building on commonhold land.

(7) A special measures order continues in force until it is discharged.

(8) In this Schedule “commonhold building safety assessment” means income raised from commonhold unit-holders by virtue of section 38A of the Commonhold and Leasehold Reform Act 2002.

Special measures order: supplementary

5

(1) This paragraph applies where a special measures order is made in relation to a higher-risk building.

(2) While the order is in force any function of an accountable person for the building under, or under regulations made under, this Part is to be treated as a function of the special measures manager for the building, except any function relating to—

(a) the making of an application to the tribunal, or

(b) the making of an appeal to the tribunal.

(3) Any compliance notice given under section 99 relating to the building ceases to have effect (but this does not affect any liability incurred as a result of a contravention of a compliance notice occurring before the making of the order).

Payments received by special measures manager to be held on trust

6

(1) This paragraph applies where a special measures order relating to a higher-risk building requires one or more accountable persons for the building to make payments to the special measures manager for the building.

(2) The manager must hold the payments (together with any income accruing on those payments) as either—

(a) a single trust fund, or

(b) in two or more separate trust funds.

(3) The manager must hold any trust fund—

(a) on trust to defray relevant expenses, and

(b) subject to that, on trust for the accountable person or persons for the building for the time being.

(4) The accountable person or persons for the building for the time being are to be treated as entitled by virtue of sub-paragraph (3)(b) to—

(a) if there is one accountable person for the building, the residue of the fund or funds;

(b) otherwise, to such shares in that residue as the accountable persons may agree in writing or (in default of agreement) as the tribunal may direct.

(5) An application for a direction under sub-paragraph (4)(b) may be made by—

(a) the regulator,

(b) an accountable person for the building, or

Effect of special measures order on relevant contracts and legal proceedings

7

(1) Sub-paragraphs (2) and (6) apply while a special measures order relating to a higher-risk building is in force.

(2) A relevant contract has effect as if relevant rights and liabilities of an accountable person for the building arising under the contract were rights and liabilities of the special measures manager for the building.

(3) A contract is a “relevant contract” if—

(a) it is effective on the date the special measures order is made,

(b) one of the parties to it is an accountable person for the building,

(d) it is specified for the purposes of this sub-paragraph in the special measures order or falls within a description of contracts so specified, and

(e) the manager gives notice in writing to the parties to it stating that sub-paragraph (2) is to apply to it.

(4) A right or liability of an accountable person for the building under a relevant contract is a “relevant right or liability” if it relates to a function of that person under, or under regulations made under, this Part in relation to the building.

(5) The notice under sub-paragraph (3)(e) must state which rights or liabilities under the contract are relevant rights or liabilities.

(6) The special measures manager for the building may bring, continue or defend a relevant cause of action.

(7) A cause of action is a “relevant cause of action” if—

(a) it accrued to or against an accountable person for the building before the date the special measures order was made,

(b) it relates to a function of that person under, or under regulations made under, this Part in relation to the building,

(c) it is specified for the purposes of this sub-paragraph in the special measures order or falls within a description of causes of action so specified, and

(d) the manager gives notice in writing to any person the manager considers would have an interest in the cause of action that sub-paragraph (6) is to apply to it.

(8) Where, by virtue of this paragraph, the special measures manager for the building is subject to a liability to pay damages in respect of anything done (or not done) before the date of their appointment by or on behalf of an accountable person for the building, that person is liable to reimburse to the manager an amount equal to the amount of damages paid by the manager.

Special measures orders and orders under section 24 of the Landlord and Tenant Act 1987

8

(1) Sub-paragraph (2) applies where—

(a) the tribunal makes a special measures order in relation to a higher-risk building, and

(b) an order under section 24 of the Landlord and Tenant Act 1987 appointing a manager in relation to that building is in force (a “section 24 order”).

(2) The tribunal may amend the section 24 order so as to ensure that the functions to be carried out by virtue of that order do not include any function that the special measures order provides is to be carried out by the special measures manager.

(3) In section 24 of the Landlord and Tenant Act 1987, after subsection (2B) insert—

(2C) Where a special measures order relating to the building is in force, an order under this section may not provide for a manager to carry out a function which the special measures order provides is to be carried out by the special measures manager for the building. (2D) In this section— - “special measures manager” means a person appointed under paragraph 4 of Schedule 7 to the Building Safety Act 2022; - “special measures order” means an order under paragraph 4 of Schedule 7 to the Building Safety Act 2022.

9

(1) The Landlord and Tenant Act 1987 is amended as follows.

(2) In section 21(2) after “subsection (3)” insert “and section 24ZA”.

(3) After section 24 insert—

(24ZA) (1) A special measures manager for an occupied higher-risk building may apply to the appropriate tribunal for an order under section 24 (as modified by subsection (4)) appointing a manager to act in relation to premises to which this section applies. (2) This section applies to premises consisting of the whole or part of the higher-risk building if the building or part contains two or more flats. (3) Section 22 applies in relation to such an application as if— (a) for subsection (1) there were substituted— (1) Before an application for an order under section 24 is made in respect of any premises to which section 24ZA applies by a special measures manager for an occupied higher-risk building, a notice under this section must (subject to subsection (3)) be served by the special measures manager on— (a) the landlord; (b) any person (other than the landlord) by whom obligations relating to the management of the premises or any part of them are owed to tenants of flats contained in those premises under a tenancy; (c) each accountable person for the higher-risk building. (b) for subsection (2)(a) there were substituted— (a) specify the special measures manager’s name and an address in England and Wales at which any person on whom the notice is served may serve notices, including notices in proceedings, on the special measures manager in connection with this Part; (c) in subsection (2)(b)— (i) for “tenant” there were substituted “special measures manager”; (ii) for “this Part” there were substituted “section 24ZA”; (d) in subsection (2)(c) for “tenant” there were substituted “special measures manager”. (4) Section 24 applies in relation to such an application as if— (a) in subsection (1) for “this Part” there were substituted “section 24ZA”; (b) for subsection (2) there were substituted— (2) The appropriate tribunal may only make an order under this section where it is satisfied— (a) that— (i) the relevant person is in breach of any obligation owed by the person to the special measures manager by virtue of a special measures order, and (ii) it is just and convenient to make the order in all the circumstances of the case; or (b) that other circumstances exist which make it just and convenient for the order to be made. (c) subsections (2A), (2B) and (10) were omitted. (5) In this section “special measures manager” has the meaning given by section 24(2D).

Provision of financial assistance by regulator

10

(1) The regulator may give financial assistance to the special measures manager for a higher-risk building by way of loans or grants.

(2) The Secretary of State may by regulations make provision in relation to financial assistance given under this paragraph, including in particular provision about—

(a) the circumstances in which financial assistance may be given;

(b) the kind of financial assistance that may be given;

(3) In this paragraph “special measures manager”, in relation to a higher-risk building, includes the person who was the special measures manager for that building immediately before the special measures order relating to the building was discharged.

Special measures order: further directions

11

(1) This paragraph applies while a special measures order relating to a higher-risk building is in force.

(2) On an application by a person mentioned in sub-paragraph (3) the tribunal may give directions to the special measures manager for the building or any other person with respect to—

(a) any matter relating to the exercise of the manager’s functions, and

(b) any incidental or ancillary matter.

(3) The persons are—

(a) the regulator,

(b) an accountable person for the building, or

Regulator to keep certain matters under review

12

(1) This paragraph applies while a special measures order relating to a higher-risk building is in force.

(2) The regulator must, from time to time (and at least once every 12 months), review the following matters—

(a) the measures taken by the special measures manager in exercising the manager’s functions;

(b) the expenses incurred by the manager in connection with taking those measures;

(d) any amounts received by the manager by way of commonhold building safety assessments in relation to the building.

(3) If, on such a review, the regulator considers that any term of the order should be varied, it must make such application under paragraph 14 as it considers appropriate.

Notification by regulator before applying to vary special measures order

13

(1) This paragraph applies where the regulator proposes to make an application under paragraph 14 to vary a special measures order relating to a higher-risk building.

(2) The regulator must give a notice (an “initial notice”) of the proposal to—

(a) each accountable person for the building,

(b) each resident of the building who is aged 16 or over,

(d) any managing agent for the building or any relevant part of the building,

(e) any recognised tenants’ association for the building or any part of the building,

(f) any manager appointed under section 24 of the Landlord and Tenant Act in relation to the building or any part of the building,

(g) the fire and rescue authority for the area in which the building is situated,

(h) the local housing authority for the area in which the building is situated,

(i) where any accountable person for the building is a registered provider of social housing, the Regulator of Social Housing, and

(j) where any part of the building contains premises occupied for the purposes of a business, each responsible person (within the meaning of article 3 of the Regulatory Reform (Fire Safety) Order 2005) in relation to those premises.

(3) The initial notice must—

(a) state that the regulator proposes to make an application to vary the special measures order specified in the notice,

(b) specify the reasons for the proposed application,

(d) specify a period in which recipients of the notice may make representations in response to the notice, and

(e) state that any representations must be in writing to such postal or email address as is specified in the notice.

(4) After the end of the period mentioned in sub-paragraph (3)(d) the regulator must—

(a) decide whether to make the application, and

(b) give a notice (a “final notice”) of its decision to the persons mentioned in sub-paragraph (2).

(5) The final notice must—

(a) state whether or not the regulator intends to make the application,

(b) specify the reasons for reaching that decision, and

(c) if the regulator intends to make the application, specify the terms of the order that the regulator intends to invite the tribunal to make.

(6) The regulator must comply with sub-paragraphs (4) and (5) before making the application.

(7) The duty under sub-paragraph (2) or (4)(b) does not apply in relation to a person mentioned in sub-paragraph (2) if the regulator—

(a) is not aware of the person, and

(b) has taken all reasonable steps to ascertain the identity of the persons mentioned in that sub-paragraph.

(8) In this paragraph “relevant part”, in relation to a higher-risk building, has the meaning given by paragraph 2(10).

(9) The Secretary of State may by regulations make provision in relation to notices under this paragraph, including in particular provision about—

(a) the form of the notice;

(b) the way in which the notice must be given.

(10) The Secretary of State may by regulations amend the list in sub-paragraph (2).

Variation or discharge of special measures order

14

(1) The tribunal may vary or discharge a special measures order relating to a higher-risk building on an application by—

(a) the regulator,

(b) an accountable person for the building, or

(2) An application to vary a special measures order so as to change the identity of the manager may only be made by the regulator.

(3) In considering whether to vary or discharge an order the tribunal must have regard to—

(a) the likelihood of variation or discharge of the order resulting in a recurrence of the circumstances which led to the order being made, and

(b) whether it is just and convenient in all the circumstances to vary or discharge the order.

(4) Sub-paragraphs (2) and (3) do not apply on an application where each person mentioned in sub-paragraph (1) agrees to the application (and for this purpose where there is more than one accountable person each accountable person must agree).

(5) Sub-paragraph (4) does not require the agreement of the special measures manager where that person lacks capacity to agree to the application.

(6) Where the order is varied or discharged, the tribunal may give directions to any person with respect to—

(a) any matter relating to the variation or discharge, and

(b) any incidental or ancillary matter.

(7) Where the order is discharged the tribunal must direct the special measures manager to—

(a) prepare a reconciliation account, and

(b) give a copy of the account to—

(i) the regulator, and

(ii) each accountable person for the building.

(8) The tribunal may give a direction under sub-paragraph (6)(a) (at the time the order is discharged or after that time) for the making of a payment—

(a) by an accountable person for the building to the special measures manager, or

(b) by the special measures manager to an accountable person for the building.

(9) In this paragraph—

“reconciliation account” means a document—setting out, in relation to the period during which the special measures order was in force, a comparison between—the receipts and expenses of the manager in connection with the exercise of their functions in relation to the building, andthe credits to, and debits from, all relevant accounts, andcontaining a statement explaining any differences;

“relevant account” means an account in which any of the following are (or have been) held—payments made by an accountable person for the building to the manager;amounts received by the manager by way of commonhold building safety assessments in relation to the building.

(10) In this paragraph “special measures manager”, in relation to a higher-risk building, includes the person who was the special measures manager for that building immediately before the special measures order relating to the building was discharged.

Notifications about special measures order

15

(1) The regulator must take all reasonable steps to notify the persons mentioned in sub-paragraph (2) of the making, variation or discharge of a special measures order in relation to a higher-risk building.

(2) The persons are—

(a) each accountable person for the building,

(b) each resident of the building who is aged 16 or over,

(d) any managing agent for the building or any relevant part of the building,

(e) any recognised tenants’ association for the building or any part of the building,

(f) any manager appointed under section 24 of the Landlord and Tenant Act 1987 in relation to the building or any part of the building,

(g) the fire and rescue authority for the area in which the building is situated,

(h) the local housing authority for the area in which the building is situated,

(i) where any accountable person for the building is a registered provider of social housing, the Regulator of Social Housing, and

(j) where any part of the building contains premises occupied for the purposes of a business, each responsible person (within the meaning of article 3 of the Regulatory Reform (Fire Safety) Order 2005) in relation to those premises.

(3) In this paragraph “relevant part”, in relation to a higher-risk building, has the meaning given by paragraph 2 (10).

(4) The Secretary of State may by regulations amend the list in sub-paragraph (2).

Special measures order: change in accountable person etc

16

(1) Sub-paragraphs (2) and (3) apply where at any time (“the relevant time”) during which a special measures order relating to a higher-risk building is in force, an accountable person for the building (“the outgoing person”) ceases to be responsible for all or any part of the building (“the relevant part of the building”).

(2) From the relevant time the special measures order ceases to apply to the outgoing person in relation to the relevant part of the building.

(3) From the relevant time the special measures order applies to any person who, immediately after the relevant time—

(a) is an accountable person for the building, and

(b) is responsible for the relevant part of the building or any part of the relevant part,

as it applied to the outgoing person in relation to the relevant part or part of the relevant part (as the case may be) immediately before the relevant time.

(4) But sub-paragraphs (2) and (3) do not affect any liability under the order to which the outgoing person became subject before the relevant time.

(5) Where an enactment requires interests, charges or other obligations affecting land to be registered, sub-paragraph (3) has effect whether or not the special measures order is registered.

(6) Nothing in this paragraph affects the powers of the tribunal under paragraph 14 (power to vary special measures order etc).

Interpretation

17

In this Schedule—

“commonhold building safety assessment” has the meaning given by paragraph 4;

“local housing authority” has the meaning given by section 261 of the Housing Act 2004;

“managing agent”: for the purposes of this Schedule a person (A) is a managing agent for any part of a building if—A has been appointed to discharge the obligations of a person (B) relating to the management by B of that part of the building, andB has a legal estate in that part of the building which is—an estate in fee simple absolute in possession, or;a term of years absolute granted for a term of more than 21 years from the date of the grant;

“recognised tenants association” has the meaning given by section 29 of the Landlord and Tenant Act 1985;

“relevant expenses” has the meaning given by paragraph 3;

“special measures manager” has the meaning given by paragraph 1;

“special measures order” has the meaning given by paragraph 1.

Schedule 8

Interpretation

1

(1) In this Schedule—

“associated”: see section 121;

“joint venture” includes a partnership (as defined by section 121);

“prescribed” means prescribed by regulations made by the Secretary of State;

“qualifying lease”: see section 119;

“the qualifying time” has the same meaning as in section 119;

“relevant building”: see section 117;

“relevant defect”: see section 120;

“relevant measure”, in relation to a relevant defect, means—a measure taken to remedy the relevant defect, ora relevant step taken in relation to the relevant defect;

“relevant step”: see section 120;

“service charge” has the meaning given by section 18 of the Landlord and Tenant Act 1985.

(2) The definition of “service charge” applies in relation to a lease of premises that do not include a dwelling as it applies in relation to a lease of a dwelling.

No service charge payable for defect for which landlord or associate responsible

2

(1) This paragraph applies in relation to a lease of any premises in a relevant building.

(2) No service charge is payable under the lease in respect of a relevant measure relating to a relevant defect if a relevant landlord—

(a) is responsible for the relevant defect, or

(b) is associated with a person responsible for a relevant defect.

(3) For the purposes of this paragraph a person is “responsible for” a relevant defect if—

(a) in the case of an initial defect, the person was, or was in a joint venture with, the developer or undertook or commissioned works relating to the defect;

(b) in any other case, the person undertook or commissioned works relating to the defect.

(4) In this paragraph—

“developer” means a person who undertook or commissioned the construction or conversion of the building (or part of the building) with a view to granting or disposing of interests in the building or parts of it;

“initial defect” means a defect which is a relevant defect by virtue of section 120(3)(a);

“relevant landlord” means the landlord under the lease at the qualifying time or any superior landlord at that time.

No service charge payable if landlord meets contribution condition

3

(1) No service charge is payable under a qualifying lease in respect of a relevant measure relating to any relevant defect if the landlord under the lease at the qualifying time (“the relevant landlord”) met the contribution condition.

(2) The contribution condition is that the landlord group’s net worth at the qualifying time was more than N x £2,000,000,

where N is the number of relevant buildings within sub-paragraph (3).

(3) A relevant building is within this sub-paragraph if a member of the landlord group was, at the qualifying time, a landlord under a lease of the relevant building or any part of it.

(4) For the purposes of this paragraph—

(a) “the landlord group” means the relevant landlord and any person associated with the relevant landlord;

(b) the net worth of the landlord group at the qualifying time is to be determined in accordance with regulations made by the Secretary of State.

(5) The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph (2).

(6) This paragraph does not apply if, at the qualifying time, the relevant landlord was—

(a) a private registered provider of social housing (as to which see section 80 of the Housing and Regeneration Act 2008),

(b) a local authority (as defined by section 30), or

No service charge payable where lease below certain value

4

(1) No service charge is payable under a qualifying lease in respect of a relevant measure relating to any relevant defect if the value of the qualifying lease at the qualifying time was less than—

(a) £325,000, if the premises demised by the qualifying lease are in Greater London;

(b) £175,000, in any other case.

(2) For the purposes of this paragraph the value of a qualifying lease at the qualifying time is its value determined in accordance with paragraph 6 and regulations made under it.

Limit on service charge in other cases

5

(1) A service charge which would otherwise be payable under a qualifying lease in respect of a relevant measure relating to any relevant defect is payable only if (and so far as) the sum of—

(a) the amount of the service charge, and

(b) the total amount of relevant service charges which fell due before the service charge fell due,

does not exceed the permitted maximum.

(2) In this paragraph “relevant service charge” means a service charge under the lease in respect of a relevant measure relating to any relevant defect that—

(a) fell due in the pre-commencement period, or

(b) falls due after commencement.

(3) In sub-paragraph (2) “the pre-commencement period” means the period—

(a) beginning 5 years before commencement or, if later, on the day the relevant person became the tenant under the qualifying lease, and

(b) ending with commencement.

“The relevant person” means the person who was the tenant under the qualifying lease at commencement.

(4) In this paragraph—

“commencement” means the time this paragraph comes into force;

“the permitted maximum”: see paragraph 6.

Paragraph 5: the permitted maximum

6

(1) In paragraph 5 “the permitted maximum”, in relation to a qualifying lease, has the following meaning.

(2) The permitted maximum is (subject to sub-paragraphs (3) to (5))—

(a) if the premises demised by the qualifying lease are in Greater London, £15,000;

(b) otherwise, £10,000.

(3) Where the value of the qualifying lease at the qualifying time exceeded £1,000,000 but did not exceed £2,000,000, the permitted maximum is £50,000.

(4) Where the value of the qualifying lease at the qualifying time exceeded £2,000,000, the permitted maximum is £100,000.

(5) Where the qualifying lease is a shared ownership lease and the tenant’s total share was less than 100% at the qualifying time—

(a) the value of the qualifying lease at that time is to be determined as if the tenant’s total share at that time was 100%;

(b) the permitted maximum is the tenant’s total share (as at that time) of what would otherwise be the permitted maximum.

(6) The Secretary of State may by regulations make provision about the determination of the value of a qualifying lease for the purposes of paragraph 4 and this paragraph.

(7) The regulations may in particular provide that, except in prescribed cases, the value of a qualifying lease at the qualifying time is to be determined by—

(a) ascertaining the consideration given on the latest disposal of the qualifying lease on the open market to have been made before that time, and

(b) if that disposal occurred before 2022, uprating the consideration in accordance with the regulations.

(8) In this paragraph “shared ownership lease” and “total share” have the meaning given by section 7 of the Leasehold Reform, Housing and Urban Development Act 1993.

Annual limit on service charges

7

(1) A relevant service charge which would otherwise be payable under a qualifying lease is payable only if (and so far as) the sum of—

(a) the amount of the service charge, and

(b) the total amount of relevant service charges which fell due in the period of 12 months ending with the day on which the service charge fell due,

does not exceed one tenth of the permitted maximum.

(2) In this paragraph—.

“the permitted maximum” means the permitted maximum as defined by paragraph 6 in relation to the lease;

“relevant service charge” means a service charge under a qualifying lease in respect of a relevant measure relating to any relevant defect.

No service charge payable for cladding remediation

8

(1) No service charge is payable under a qualifying lease in respect of cladding remediation.

(2) In this paragraph “cladding remediation” means the removal or replacement of any part of a cladding system that—

(a) forms the outer wall of an external wall system, and

(b) is unsafe.

No service charge payable for legal or professional services relating to liability for relevant defects

9

(1) No service charge is payable under a qualifying lease in respect of legal or other professional services relating to the liability (or potential liability) of any person incurred as a result of a relevant defect.

(1A) Sub-paragraph (1) does not apply to the extent that the service charge is payable to a management company in respect of legal or other professional services provided to the company in connection with an application or possible application by the company for or relating to a remediation contribution order under section 124.

(2) In this paragraph the reference to services includes services provided in connection with—

(a) obtaining legal advice,

(b) any proceedings before a court or tribunal,

(d) mediation.

(3) In sub-paragraph (1A) “management company” means—

(a) a resident management company, or

(b) an RTM company within the meaning of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage).

(4) “Resident management company” means a body corporate which is party to a lease of a building where—

(a) the body corporate is limited by guarantee and the members of that body are tenants under leases of dwellings in the building (“leaseholders”), or

(b) the majority of the shares of the body corporate are held by leaseholders.

Paragraphs 2 to 4, 8 and 9: supplementary

10

(1) This paragraph supplements paragraphs 2 to 4, 8 and 9 (the “relevant paragraphs”).

(2) Where a relevant paragraph provides that no service charge is payable under a lease in respect of a thing—

(a) no costs incurred or to be incurred in respect of that thing (or in respect of that thing and anything else)—

(i) are to be regarded for the purposes of the relevant provisions as relevant costs to be taken into account in determining the amount of a service charge payable under the lease, or

(ii) are to be met from a relevant reserve fund;

(b) any amount payable under the lease, or met from a relevant reserve fund, is limited accordingly (and any necessary adjustment must be made by repayment, reduction of subsequent charges or otherwise).

(3) In this paragraph—

“the relevant provisions” means sections 18 to 30 of the Landlord and Tenant Act 1985 (service charges) and section 42 of the Landlord and Tenant Act 1987 (service charge contributions to be held on trust);

“relevant reserve fund” means—a trust fund within the meaning of section 42 of the Landlord and Tenant Act 1987,an express trust of a kind mentioned in subsection (9) of that section, comprising payments made by the tenant under the lease and others, orany other fund comprising payments made by the tenant under the lease and others, and held for the purposes of meeting costs incurred or to be incurred in respect of the relevant building in question or any part of it (or in respect of that building or part and anything else).

(4) The Secretary of State may by regulations modify the application of this paragraph as it applies in relation to a lease of premises that do not include a dwelling.

No increase in service charge for other tenants

11

Where—

(a) an amount (“the original amount”) would, apart from this Schedule, be payable by a tenant under a lease of premises in a relevant building, and

(b) a greater amount would (apart from this paragraph) be payable under the lease as a result of this Schedule,

the lease has effect as if the amount payable were the original amount.

Recovery of service charge amounts from landlords

12

(1) The Secretary of State may by regulations make provision for and in connection with the recovery, from a prescribed relevant landlord, of any amount that is not recoverable under a lease as a result of this Schedule.

(2) In this paragraph “relevant landlord”, in relation to a lease, means the landlord under the lease or any superior landlord.

Presumption: qualifying lease

13

(1) This paragraph applies in relation to a lease that meets the conditions in paragraphs (a) to (c) of section 119(2).

(2) The lease is to be treated for the purposes of this Schedule as a qualifying lease unless—

(a) the landlord under the lease has taken all reasonable steps (and any prescribed steps) to obtain a qualifying lease certificate from a tenant under the lease, and

(b) no such certificate has been provided to the landlord.

(3) In this paragraph “qualifying lease certificate” means a certificate, complying with any prescribed requirements, that the condition in section 119(2)(d) was met in relation to the lease at the qualifying time.

(4) The requirements that may be prescribed include requirements as to—

(a) the information to be provided in the certificate,

(b) the form of the certificate, and

Presumptions relating to landlord under qualifying lease

14

(1) The person who was the landlord under a qualifying lease at the qualifying time (“the relevant landlord”) is to be treated for the purposes of this Schedule as having met the contribution condition (as defined by paragraph 3) unless the landlord under the lease provides to the tenant under the lease a certificate, complying with any prescribed requirements, that the relevant landlord did not meet that condition.

(2) The Secretary of State may by regulations provide that (in some or all cases) the condition in paragraph 2 (2) is to be treated for the purposes of this Schedule as met in relation to a lease to which paragraph 2 applies unless the landlord under the lease provides to the tenant under the lease a certificate that complies with any prescribed requirements.

(3) The requirements that may be prescribed include requirements as to—

(a) the information to be provided in the certificate,

(b) the form of the certificate, and

Information from tenants

15

(1) The Secretary of State may by regulations make provision requiring a tenant under a qualifying lease to give prescribed information or documents to the landlord under the lease or any superior landlord.

(2) The regulations may provide that the information or documents are to be given in a prescribed way.

Information from landlords

16

(1) The Secretary of State may by regulations make provision requiring a relevant landlord to give prescribed information or documents to a relevant tenant or other prescribed person.

(2) Information or documents may be prescribed if they relate to any matter with which this Schedule is concerned.

(3) The regulations may require the information or documents to be given in a prescribed way.

(4) The regulations may provide that where a relevant landlord fails to comply with the regulations, prescribed costs—

(a) are not to be regarded as relevant costs to be taken into account in determining the amount of a service charge payable under a relevant lease, and

(b) must not be met from a relevant reserve fund.

(5) The regulations may make provision for and in connection with an application to the First-tier Tribunal for an order—

(a) determining whether a relevant landlord has failed to comply with the regulations, and

(b) if so, requiring the relevant landlord to provide specified information or documents to a specified person by a specified time.

“Specified” here means specified in the order.

(6) Nothing in sub-paragraph (5) limits the effect of regulations made by virtue of sub-paragraph (4).

(7) Information or documents may be specified in an order under sub-paragraph (5) only if the regulations require them to be provided to the specified person.

(8) In this paragraph—

“relevant costs” has the meaning given by section 18 of the Landlord and Tenant Act 1985 (and this applies in relation to a lease of premises that does not include a dwelling as it applies in relation to a lease of a dwelling);

“relevant landlord” means a landlord under a relevant lease;

“relevant lease” means a lease of premises in a relevant building;

“relevant reserve fund” has the meaning given by paragraph 10;

“relevant tenant” means a tenant under a relevant lease.

17

In section 21 of the Landlord and Tenant Act 1985 (service charge information), in subsection (6A) (inserted by section 112), after “2022)” insert “or relevant buildings (as defined by section 117 of that Act)”.

Anti-avoidance

18

A covenant or agreement (whenever made) is void insofar as it purports to exclude or limit any provision made under this Schedule.

Schedule 9

Appointment of the new homes ombudsman

1

The scheme must include provision about the appointment of the new homes ombudsman.

Membership

2

(1) The scheme must include provision about the procedure for becoming and remaining a member of the scheme.

(2) That provision may include—

(a) a requirement to pay a fee;

(b) a requirement to provide information;

(c) a requirement to have internal procedures in place for the handling and resolution of complaints about matters in relation to which complaints may be made under the scheme.

(3) If the scheme includes a requirement mentioned in sub-paragraph (2)(c), it must also include a requirement to publish the procedures.

3

The scheme may provide for different categories of member and the provision mentioned in paragraph 2 (including provision about fees) may differ as between such categories.

Fees

4

The fees payable by a member may be calculated by reference to the total of the costs incurred, or to be incurred, in the operation of the scheme (including costs unconnected with the member in question).

5

Where a scheme is maintained by a person other than—

(a) the Secretary of State, or

(b) a person acting on behalf of the Secretary of State,

fees may be set at a level such that the total of all fees payable by members exceeds the total of the costs of operating the scheme.

Complaints under the scheme: subject matter and procedure

6

The scheme must include provision about—

(a) the matters in relation to which complaints against members of the scheme may be made under the scheme (which may include complaints about non-compliance with a code of practice issued or approved under section 142), and

(b) the procedure for making complaints under the scheme.

7

The provision mentioned in paragraph 6 (b)—

(a) must not include any requirement to pay a fee;

(b) may differ as between different categories of member;

(c) may include provision about the use of any internal procedures a member has in place for the handling or resolution of complaints.

Complaints under the scheme: investigation and determination

8

(1) The scheme must include provision about the investigation and determination by the new homes ombudsman of complaints made under the scheme.

(2) That provision must include provision—

(a) requiring the new homes ombudsman, in determining a complaint, to have regard to any code of practice issued or approved under section 142,

(b) for the new homes ombudsman to require members of the scheme to provide information, and

(c) for the new homes ombudsman to require members of the scheme to provide complainants whose complaints are determined to be well-founded with any one or more of the forms of redress in paragraph 9.

9

The forms of redress are—

(a) paying compensation;

(b) making an apology;

(d) taking such other action in the interests of the complainant as the new homes ombudsman may specify.

Enforcement of determinations

10

(1) The scheme must include provision about the enforcement of determinations made by the new homes ombudsman.

(2) That provision may include provision for the expulsion of a member from the scheme (and the requirement in section 137(1)(a) is not to be read as preventing the new homes ombudsman scheme from including such provision).

(3) If provision described in sub-paragraph (2) is included in the scheme, provision must also be made about the circumstances in which an expelled member can rejoin the scheme.

Making of recommendations

11

(1) The scheme must include provision about the making of improvement recommendations by the new homes ombudsman where following the investigation of a complaint the ombudsman identifies widespread or regular unacceptable standards of conduct or standards of quality of work on the part of members of the scheme.

(2) “Improvement recommendations” are recommendations about changes that members may make in order to improve standards of conduct or standards of quality of work.

Predecessor schemes

12

The scheme must include provision about the acceptance and handling of complaints transferred from a scheme previously available under section 136 but which is no longer available.

Complaints about the scheme

13

The scheme must include provision about how complaints about the operation of the scheme may be made by—

(a) members of the scheme, and

(b) persons who have asked for a complaint to be investigated under the scheme.

Co-operation

14

(1) The scheme may include provision about co-operation with persons who exercise functions under other redress schemes and, in particular, provision about arrangements for a person exercising functions under the scheme to do so jointly with a person exercising functions under another redress scheme, including for the making of joint determinations by the new homes ombudsman and an independent person making determinations under another redress scheme.

(2) In sub-paragraph (1), “redress scheme” has the same meaning as in section 137.

Provision of information

15

(1) Where the scheme is maintained by a person other than the Secretary of State, the scheme must include provision about the provision of information to the Secretary of State, the Welsh Ministers, the Scottish Ministers and the relevant Northern Ireland department.

(2) In this paragraph, “the relevant Northern Ireland department” means the Northern Ireland department designated for the purposes of this paragraph by the First Minister and deputy First Minister acting jointly.

Reports

16

The scheme must include provision about the making of reports on the operation of the scheme.

Schedule 10

1

The Local Government Act 1974 is amended in accordance with paragraphs 2 to 4.

2

(1) Section 33 (consultation between Local Commissioner and other Commissioners and Ombudsmen) is amended as follows.

(2) In subsection (1)—

(a) after paragraph (bza) insert—

(bzb) by the new homes ombudsman under the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022),

;

(b) in the words after paragraph (c), after “1993” insert “, the Housing Act 1996, the new homes ombudsman scheme”.

(3) In subsection (2), after “housing ombudsman,” insert “the new homes ombudsman,”.

(4) After subsection (3A) insert—

(3B) If at any stage in the course of conducting an investigation under the new homes ombudsman scheme, the new homes ombudsman forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part of this Act, the new homes ombudsman must consult with the appropriate Local Commissioner about the complaint and, if the new homes ombudsman considers it necessary, inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part of this Act.

(5) In subsection (4)—

(a) for “or (3A)” substitute “, (3A) or (3B)”;

(b) for “or under the Housing Act 1996” substitute “, the Housing Act 1996 or the new homes ombudsman scheme”.

3

(1) Section 33ZA (collaborative working between Local Commissioners and others) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (b) omit the final “or”;

(b) at the end of paragraph (c) insert

or (d) the new homes ombudsman,

(3) In subsection (1A) for “or (c)” substitute “, (c) or (d)”.

(4) In subsection (3)—

(a) in paragraph (b) omit the final “or”;

(b) at the end of paragraph (c) insert

or (d) the new homes ombudsman,

;

4

In section 33ZB (arrangements for provision of administrative and other services), in subsection (4)—

(a) in paragraph (c) omit the final “and”;

(b) at the end of paragraph (d) insert—

(e) the new homes ombudsman, and (f) the person maintaining the new homes ombudsman scheme under arrangements made pursuant to section 136 of the Building Safety Act 2022.

5

(1) Paragraph 10A of Schedule 2 to the Housing Act 1996 (housing complaints: collaborative working with Local Commissioners) is amended as follows.

(2) In sub-paragraph (1)—

(a) after “Local Commissioner” insert “or the new homes ombudsman”;

(b) for “the ombudsman” substitute “the housing ombudsman”;

(3) In sub-paragraph (3)—

(a) after “Local Commissioner” insert “or the new homes ombudsman”;

(b) for “the ombudsman”, in both places it occurs, substitute “the housing ombudsman”;

(4) In sub-paragraph (4)—

(a) after “Local Commissioner” insert “, the new homes ombudsman (or both)”;

(b) at the end insert “(or those persons)”.

6

(1) The Public Services Ombudsman (Wales) Act 2019 (anaw 3) is amended as follows.

(2) In section 65(7) (consultation and co-operation with other ombudsmen)—

(a) in the Welsh language text, after paragraph (e) insert—

(f) yr ombwdsmon cartrefi newydd o dan y cynllun ombwdsmon cartrefi newydd (gweler adran 136 o Ddeddf Diogelwch Adeiladau 2022).

;

(b) in the English language text, after paragraph (e) insert—

(f) the new homes ombudsman under the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022).

Schedule 11

Introductory

1

(1) The Secretary of State may by regulations make provision in relation to the marketing and supply of construction products in the United Kingdom.

(2) Regulations under this paragraph are called “construction products regulations”.

General safety requirements

2

(1) Construction products regulations may—

(a) prohibit the marketing or supply of construction products which are not safe products;

(b) impose other requirements for the purpose of securing that construction products which are not safe products are not marketed or supplied;

(2) For the purposes of this paragraph a construction product is a “safe product” if, under normal or reasonably foreseeable conditions of use, and taking into account any matters specified for the purposes of this paragraph by construction products regulations—

(a) the product does not present any risk to the health or safety of persons, or

(b) if it does, the risk is as low as it can be compatibly with using the product.

(3) In this paragraph—

“use” includes storage, transportation or packaging;

“reasonably foreseeable conditions” include reasonably foreseeable circumstances in which the construction product might come under stress (for example, a fire).

Construction products with designated standards or technical assessments

3

Construction products regulations may make provision for and in relation to—

(a) designated standards for construction products (see paragraph 4);

(b) technical assessments for construction products (see paragraph 5).

4

(1) Provision under paragraph 3 (a) (designated standards) may include provision—

(a) for the designation by the Secretary of State of standards prepared in accordance with the regulations or the 2011 Regulation;

(b) for the designation by the Secretary of State of EU harmonised standards or international standards;

(2) Provision under sub-paragraph (1)(a) may include provision as to—

(a) the persons by whom standards may be proposed;

(b) the procedure by which and persons by whom standards are to be prepared;

5

(1) Provision under paragraph 3 (b) (technical assessments) may include provision as to the procedure by which and persons by whom technical assessments are to be issued.

(2) Provision under sub-paragraph (1) may include provision for assessment bodies to issue technical assessments on the basis of assessment documents developed or adopted by them, and in particular provision—

(a) for the designation of assessment bodies by the Secretary of State;

(b) as to the functions, operation and funding of assessment bodies;

6

Construction products regulations may—

(a) impose requirements on persons carrying out activities in relation to construction products for which there are designated standards or technical assessments under the regulations (see paragraph 7);

(b) confer powers on relevant authorities to impose requirements on such persons (see paragraph 8).

7

(1) Provision under paragraph 6 (a) (imposition of requirements) may include provision for the imposition of requirements relating to—

(a) declarations of performance in respect of products which are or are to be marketed;

(b) the making of other statements or claims in relation to the performance of products which are or are to be marketed;

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