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Building Safety Act 2022

Current text a fecha 2023-02-09

Part 1 — Introduction

Overview of Act

1

Part 2 — The regulator and its functions

The regulator and its general functions

The building safety regulator

2

The regulator: objectives and regulatory principles

3

Duty to facilitate building safety: higher-risk buildings

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Duty to keep safety and standard of buildings under review

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The regulator must keep under review—

Facilitating improvement in competence of industry and building inspectors

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with a view to facilitating their improving the competence of persons in that industry or members of that profession (as the case may be).

Proposals and consultation relating to regulations

7

Duty to establish system for giving of building safety information

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Committees

Residents’ panel

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Committee on industry competence

10

Residents’ panel

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Committees: power to amend or repeal

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Staffing etc

Local authorities and fire and rescue authorities: assistance etc to regulator

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FSO authorised persons: assistance etc to regulator

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Provision of assistance etc: supplementary

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Guidance about the provision of assistance

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Plans and reports

Strategic plan

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Revised strategic plans

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Annual report about information provided under mandatory reporting requirements

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Statement of regulator’s engagement with residents etc

20

Report on certain safety-related matters

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with a view to improving the safety of persons in or about relevant buildings, and carry out a cost-benefit analysis of the making of that provision.

the cost-benefit analysis need not estimate them, but must include a statement of the regulator’s opinion and an explanation of it.

Enforcement

Authorised officers

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Authorised officers: offences

23

Provision of false or misleading information to regulator

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and the person knows that, or is reckless as to whether, the information is false or misleading.

Reviews and appeals

Review by regulator of certain decisions made by it

25

Right of appeal: requirement for review before appeal

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Supplementary and general

Cooperation and information sharing

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Fees and charges

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for or in connection with the performance of a relevant function.

Service of documents

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the document may be given by addressing it to the owner or resident of the premises (naming the premises) or the accountable person of the building (naming the building) and fixing it to a conspicuous part of the premises or building.

Interpretation of Part 2

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Part 3 — Building Act 1984

Building control authorities and building regulations

Higher-risk buildings etc

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In the Building Act 1984 after section 120C (inserted by Schedule 5) insert—

(120D) (1) This section applies for the purposes of this Act as it applies in relation to England. (2) “Higher-risk building” means a building in England that— (a) is at least 18 metres in height or has at least 7 storeys, and (b) is of a description specified in regulations made by the Secretary of State. (3) The Secretary of State may by regulations make provision supplementing this section. (4) The regulations may in particular— (a) define “building” or “storey” for the purposes of this section; (b) make provision about how the height of a building is to be determined for those purposes; (c) provide that “higher-risk building” does not include a building of a specified description. (5) Regulations made by virtue of subsection (4)(a) may in particular define “building” so as to provide that it includes— (a) any other structure or erection of any kind (whether temporary or permanent); (b) any vehicle, vessel or other movable object of any kind, in such circumstances as may be specified. (6) The Secretary of State may by regulations amend this section (other than subsection (1) or (3) or this subsection). (7) For the meaning of “higher-risk building work” see section 91ZA. (120E) (1) Before making regulations under section 120D, the Secretary of State must consult— (a) the regulator, and (b) such other persons as the Secretary of State considers appropriate. (2) But the regulator need not be consulted if— (a) the regulations give effect to a recommendation made by the regulator under section 120G, or (b) the Secretary of State has under section 120H asked the regulator for advice about the description of building in question. (120F) (1) This section applies if the Secretary of State proposes to make regulations under section 120D that would result in a description of building (including anything within subsection (5) of that section) becoming a higher-risk building for the purposes of this Act as it applies in relation to England. (2) The Secretary of State must ask the regulator under section 120H(1) for advice about the description of building, except where the regulations would give effect to a recommendation under section 120G(2). (3) The Secretary of State must carry out a cost-benefit analysis and publish it. (4) In this section “cost-benefit analysis” means— (a) an analysis of the costs together with an analysis of the benefits that will arise if the regulations are made, and (b) an estimate of those costs and of those benefits (subject to subsection (5)). (5) If, in the opinion of the Secretary of State— (a) the costs or benefits cannot reasonably be estimated, or (b) it is not reasonably practicable to produce an estimate, the cost-benefit analysis need not estimate them, but must include a statement of the Secretary of State’s opinion and an explanation for it. (120G) (1) Subsection (2) applies if, in respect of any description of building that is not a higher-risk building, the regulator considers— (a) that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description, (b) that if the risk materialised as regards a building of that description it would have the potential to cause a major incident, and (c) that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England. (2) The regulator must— (a) recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Act, and (b) give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation. (3) If, following a recommendation, the Secretary of State decides not to make regulations under section 120D giving effect to the recommendation, the Secretary of State must publish a document setting out— (a) the regulator’s recommendation, (b) the Secretary of State’s decision not to make the regulations, and (c) the reasons for that decision. (4) If the regulator considers that a particular description of higher-risk building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England, it must make a recommendation to the Secretary of State to that effect. (5) In this section— - “building safety risk” means a risk to the safety of people in or about a building arising from any of the following occurring as regards the building— the spread of fire; structural failure; any other matter prescribed by regulations under section 62 of the Building Safety Act 2022 in relation to all buildings, or in relation to a description of building that includes the building; - “major incident” means an incident resulting in— a significant number of deaths, or serious injury to a significant number of people. (120H) (1) Subsections (2) to (5) apply if the Secretary of State asks the regulator for advice as to whether a specified description of building should be a higher-risk building for the purposes of this Act as it applies in relation to England. (2) The regulator must consider whether the following conditions are met— (a) the first condition is that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description; (b) the second condition is that, if the risk materialised as regards a building of that description, it would have the potential to cause a major incident; (c) the third condition is that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England. (3) The regulator must— (a) if the conditions mentioned in subsection (2) are met, recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England; (b) otherwise, recommend to the Secretary of State that buildings of that description should not be higher-risk buildings for those purposes. (4) The regulator must give the Secretary of State a statement of its assessment of the issues it considered in relation to the recommendation under subsection (3). (5) If, following a recommendation under subsection (3)(a), the Secretary of State decides not to make regulations under section 120D giving effect to the recommendation, the Secretary of State must publish a document setting out— (a) the regulator’s recommendation, (b) the Secretary of State’s decision not to make the regulations, and (c) the reasons for that decision. (6) If requested, the regulator must provide advice to the Secretary of State as to whether a specified description of building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England. (7) In this section— - “building safety risk” has the meaning given by section 120G; - “major incident” has the meaning given by that section; - “specified” means specified in the request. (120I) (1) This section applies for the purposes of this Act as it applies in relation to Wales. (2) “Higher-risk building” means a building of a description specified in regulations made by the Welsh Ministers. (3) “Higher-risk building work” means any work relating to a higher-risk building or a proposed higher-risk building, including— (a) any work relating to a building that is not a higher-risk building that causes it to become such a building, and (b) any work relating to a higher-risk building that causes it to cease to be such a building. (4) The Welsh Ministers may by regulations define “building” for the purposes of this section. (5) The regulations may in particular provide that “building” includes— (a) any other structure or erection of any kind (whether temporary or permanent); (b) any vehicle, vessel or other movable object of any kind, in such circumstances as may be specified.

Building control authorities

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(za) subsection (3) of this section and regulations under section 91ZD,

;

— (a) subsection (3) of this section, (b) sections 5(3), 48(1) and 53(2), and (c) regulations under section 91ZD.

;

(3) In cases where section 91ZA or 91ZB provides that the regulator is the building control authority, it is the duty of the regulator (and not the local authority in question)— (a) to carry Part 1 of this Act into execution, and (b) to enforce building regulations.

;

(91ZA) (1) The regulator is the building control authority in relation to any higher-risk building in England or any proposed such building. (2) This includes the regulator being the building control authority as regards— (a) any work relating to a building in England that is not a higher-risk building that causes it to become such a building, and (b) any work relating to a higher-risk building in England that causes it to cease to be such a building. (3) In this Act “higher-risk building work”, in relation to England, means any work for which the regulator is the building control authority by virtue of this section. (4) For the meaning of “higher-risk building” see section 120D. (91ZB) (1) This section applies in relation to work of a prescribed description (“the work”) that is to be carried out in England and has a prescribed connection with any higher-risk building work. (2) Where— (a) the regulator and the person intending to carry out the work, acting jointly, give a notice under this section (a “regulator’s notice”) to the local authority for the area in which the work is to be carried out, and (b) the regulator’s notice is accepted (or treated as accepted) by the local authority, the regulator is the building control authority in relation to the work. (3) A regulator’s notice may not be given if any of the following has been given to the local authority in relation to the work (or any part of it)— (a) an application for building control approval; (b) an initial notice (within the meaning of section 47); (c) a public body’s notice (within the meaning of section 54). (91ZC) (1) This section supplements section 91ZB. (2) A local authority to whom a regulator’s notice is given must reject the notice if any prescribed ground exists, and must otherwise accept the notice. (3) A notice of rejection must be given within the prescribed period, and must specify the ground or grounds in question. (4) The person intending to carry out the work may appeal to the tribunal against a decision of the local authority to reject the regulator’s notice. (5) Where a local authority to whom a regulator’s notice is given does not— (a) give a notice of rejection in accordance with subsection (3), or (b) give a notice of acceptance within the period mentioned in that subsection, the authority is treated as having accepted the regulator’s notice at the end of that period. (6) As regards any notice under section 91ZB or this section, building regulations may make provision about— (a) the form and content of the notice; (b) the information and documents that must accompany it; (c) the way in which the notice, and anything that is to accompany it, is to be given. (91ZD) (1) Building regulations may make provision about cases where a local authority for an area in Wales (“the relevant local authority”) proposes to carry out higher-risk building work in that area. (2) The regulations may in particular— (a) restrict (or prevent) the exercise by the relevant local authority of prescribed functions in relation to the higher-risk building work; (b) require the relevant local authority to notify the Welsh Ministers of prescribed matters; (c) confer on the Welsh Ministers a power to designate another local authority as the building control authority in relation to the higher-risk building work (instead of the relevant local authority); (d) confer on the Welsh Ministers a power to require the relevant local authority to provide specified information, for the purposes of deciding whether to exercise the power of designation. (3) The regulations may also provide, in cases where a local authority is designated as the building control authority in relation to the higher-risk building work, that the relevant local authority and the designated local authority may agree that the designated local authority is to be the building control authority in relation to any work of a prescribed description that has a prescribed connection with the higher-risk building work. (4) Where, as a result of regulations made by virtue ofsubsection (2)(c) or (3), a designated local authority is the building control authority in relation to any work, as regards that work— (a) prescribed functions are functions of the designated local authority (rather than the relevant local authority); (b) the designated local authority (rather than the relevant local authority) must perform such functions relating to enforcement as may be prescribed.

(121A) (1) In this Act “building control authority” means— (a) the regulator, in cases where section 91ZA or 91ZB provides that the regulator is the building control authority; (b) the local authority mentioned in subsection (2), in any other case. (2) That local authority is— (a) if, by virtue of regulations made under section 91ZD (higher-risk buildings in Wales: local authority work), a designated local authority is the building control authority, that local authority; (b) otherwise, the local authority for the area in which the building is situated or the proposed building is to be situated.

Building regulations

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In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 1 insert—

(1A) (1) Building regulations may make provision about the procedure that may or must be followed in relation to any work. (2) The regulations may in particular make provision for and in connection with— (a) the giving of notices; (b) the making of applications to building control authorities; (c) the giving or receipt of certificates; (d) requiring a prescribed person, in prescribed circumstances, to consult such other person as may be prescribed. (3) The regulations may— (a) confer on a building control authority a power to require a person to notify the authority of specified matters by the specified time; (b) provide that in prescribed circumstances an application is treated as granted or is treated as refused; (c) make provision about the effect of the grant of an application; (d) make provision about the effect of certificates; (e) require a person consulted to give a substantive response to the consultation before the end of a prescribed period. (4) In sub-paragraph (3)(a) “specified” means specified by the building control authority. (1B) (1) Building regulations may in particular make provision for and in connection with applications for building control approval (including approval of changes to anything that has already been approved). (2) “Building control approval”— (a) in relation to any work, means the approval by the building control authority of— (i) plans of the work, and (ii) such other documents, relating to compliance with any provision of building regulations, as may be prescribed (or, in a case within sub-paragraph (5), as are provided to the authority); (b) in relation to a change to a relevant document, means the approval by the authority of the change. (3) Building regulations may— (a) confer on building control authorities a power, with the consent of the applicant— (i) to impose requirements (including in particular requirements of a kind mentioned in sub-paragraph (4)) when granting an application; (ii) to vary requirements; (b) make provision about the cases in which an application for approval of a change must be made (including provision conferring on building control authorities a power to specify the circumstances in which such an application must be made). (4) The requirements referred to in sub-paragraph (3)(a) are— (a) a requirement relating to the provision of a revised version of a specified relevant document; (b) a requirement that the work does not proceed beyond a specified stage unless a specified relevant document has been given to, and approved by, the building control authority. (5) Building regulations may provide that in prescribed cases— (a) an application may be made to the authority for approval of the plans and such other relevant documents as the applicant considers appropriate, and (b) the authority may refuse the application if the applicant does not, on request, provide it with a specified relevant document. (6) In this paragraph— (a) “relevant document” means— (i) the plans mentioned in sub-paragraph (2)(a)(i), or (ii) a document prescribed for the purposes of sub-paragraph (2)(a)(ii); (b) “specified” means specified by the building control authority; (c) a reference to a change to a document includes the replacement of it. (1C) (1) Building regulations may in particular make provision for and in connection with certificates that are given— (a) by a member of a scheme that is approved, (b) in accordance with the scheme, and (c) in accordance with any prescribed requirement relating to the provision of insurance cover in respect of work to which the certificate relates. (2) Building regulations may make provision for and in connection with— (a) the approval of schemes by the appropriate national authority or a person designated by that authority; (b) the suspension or withdrawal of approvals (including provision about appeals to the appropriate court or tribunal against the suspension or withdrawal of approvals). (3) The regulations may in particular provide that a scheme may be approved (and may remain approved) only if prescribed requirements relating to the provision of insurance cover are complied with. (4) The regulations may provide— (a) that an approval has effect for a particular period (including a period specified in the approval), or (b) that an approval has effect until it is suspended or withdrawn. (5) The requirements relating to insurance cover that may be prescribed include in particular a requirement that insurance cover is provided through a scheme of insurance approved by the appropriate national authority or a person designated by that authority. (1D) (1) Building regulations may, in relation to any work, make provision about— (a) obtaining information or documents; (b) creating documents; (c) keeping information or documents; (d) giving information or documents. (2) The regulations may in particular— (a) provide that information or documents must be given or kept in accordance with prescribed standards; (b) impose requirements as regards keeping information or documents up to date; (c) confer on building control authorities or other prescribed persons a power, in prescribed circumstances, to require a person to give information to them. (3) Where building regulations provide that any information or document must be given, they may make provision about the admissibility in any criminal proceedings of the information or document. (1E) (1) This paragraph applies where building regulations made by virtue of paragraph 1D require a person to give information— (a) in relation to work in England, to the regulator; (b) in relation to work in Wales, to the building control authority. (2) For the purpose of facilitating and securing compliance with any such requirement, the regulations may— (a) require a prescribed person to establish and operate a system for the giving of prescribed information to such person as may be prescribed, and (b) make provision about such systems. (1F) (1) Where building regulations provide that any document must or may be given, they may make provision about— (a) the form and content of the document; (b) the information and other documents that must accompany it; (c) the way in which the document, and anything that is to accompany it, is to be given. (2) Where building regulations provide that any information must or may be given, they may make provision about the way in which it is to be given. (3) Building regulations may provide that any of the matters mentioned in paragraphs (a) to (c) of sub-paragraph (1), or in sub-paragraph (2), are to be specified in a direction made and published in accordance with the regulations. (4) Building regulations may provide that— (a) a prescribed application must be accompanied by such prescribed documents as the applicant considers appropriate, and (b) the building control authority may refuse the application if the applicant does not, on request, provide it with a document of a kind prescribed for the purposes of paragraph (a) in relation to the application. (1G) (1) Building regulations may make provision for and in connection with— (a) the inspection and testing of work; (b) the inspection and testing of buildings; (c) the inspection and testing of services, fittings and equipment provided in connection with buildings; (d) the taking of samples. (2) The regulations may in particular— (a) prohibit the covering up of any work, for a prescribed period after a prescribed or specified event; (b) provide for the cutting into or laying open of any work or building, or the pulling down of any work. (3) In sub-paragraph (2)(a) “specified” means specified by the building control authority. (1H) Building regulations may provide that any prescribed period for the doing of a thing by a building control authority in connection with an application made to it may be extended by agreement between the authority and the applicant. (1I) (1) Building regulations may make provision for and in connection with appeals against decisions made under, or under an instrument made under, Part 1, 2 or 2A of this Act. (2) The regulations may confer, in respect of a prescribed decision— (a) in relation to England— (i) a right to appeal to the regulator or the tribunal, and (ii) in the case of an appeal to the regulator, a right of appeal to the tribunal against the decision of the regulator made on appeal; (b) in relation to Wales— (i) a right to appeal to the Welsh Ministers or a magistrates’ court, and (ii) in the case of an appeal to the Welsh Ministers, a right of appeal to a magistrates’ court or a right of appeal to the High Court, against the decision of the Welsh Ministers made on appeal. (3) The provision that may be made in connection with appeals includes provision about a right of appeal conferred by Part 1, 2 or 2A. (4) The regulations may in particular make provision about— (a) the grounds upon which an appeal may be made; (b) the period within which an appeal must be made; (c) the way in which any appeal is to be made; (d) the powers of the court, tribunal or other person determining the appeal (including provision conferring a power to give directions and, in the case of the regulator or Welsh Ministers, powers in respect of costs). (5) In respect of appeals to the regulator or the Welsh Ministers, the regulations may make provision about procedural matters (including provision conferring a discretion as to the procedure to be adopted). (6) In respect of appeals to the Welsh Ministers, the regulations may in particular make provision for and in connection with the Welsh Ministers 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 Welsh Ministers).

Dutyholders and general duties

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In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 5 insert—

(5A) (1) Building regulations may require prescribed appointments to be made in relation to any work. (2) Building regulations may make provision about appointments, including provision about— (a) the persons who are to make appointments; (b) the persons who may be appointed; (c) the time by which appointments must be made; (d) the period for which persons are to be appointed; (e) the termination of appointments; (f) the replacement of appointed persons. (3) The regulations may provide that in prescribed circumstances an appointment is treated as made. (4) In this Schedule “appointed person”, in relation to any work, means a person appointed in relation to that work under building regulations made by virtue of this paragraph. (5B) (1) Building regulations may, for the purpose of facilitating compliance with any requirement of building regulations in relation to any work to which building regulations are applicable— (a) impose duties on relevant persons in connection with the planning or management of the work; (b) require relevant persons to co-operate with other relevant persons. (2) The following are “relevant persons” for this purpose— (a) any appointed person; (b) any prescribed person.

Industry competence

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In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 5B (inserted by section 34) insert—

(5C) (1) Building regulations may, in relation to any work, impose competence requirements on— (a) any appointed person, or (b) any prescribed person. (2) A “competence requirement” is a requirement relating to— (a) the skills, knowledge, experience and behaviours of an individual; (b) the capability of a person other than an individual to perform its functions under building regulations. (3) The regulations may require an appointed person who is not an individual to give an individual acting under its control who has the appropriate skills, knowledge, experience and behaviours the task of managing its functions as an appointed person.

Lapse of building control approval etc

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(32) (1) This section applies where— (a) an application for building control approval in respect of any work is made on any day (“the relevant day”), and (b) the application is granted. (2) Where— (a) the work relates to one building, and (b) the work is not commenced within 3 years from the end of the relevant day, the relevant provisions have effect as if the application had not been made (and the approval had not been given). (3) Where— (a) the work relates to more than one building, and (b) the work relating to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day, the relevant provisions have effect in relation to those buildings and the relevant work as if the application had not been made (and the approval had not been given). (4) In subsection (1) the reference to an application for building control approval is to an application for approval of a kind mentioned in paragraph 1B(2)(a) of Schedule 1. (5) In this section “the relevant provisions” means this Act and regulations made under it except the following provisions and any regulations made under them— (a) sections 56, 56A, 56B and 91A (records and registers etc); (b) section 105B (fees and charges). (6) Building regulations may make provision about when work, or work relating to a building, is to be regarded as commenced for the purposes of this section.

(53A) (1) This section applies where— (a) on any day (“the relevant day”) an initial notice is given in respect of any work, and (b) the initial notice is accepted. (2) Where the work relates to one building and is not commenced within 3 years from the end of the relevant day— (a) the initial notice ceases to be in force, and (b) if a plans certificate relating to the work (or any part of it) has been accepted, the relevant provisions have effect as if the certificate had not been given (or accepted). (3) Where the work relates to more than one building, and the work in relation to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day— (a) the initial notice ceases to be in force so far as it relates to the relevant work, and (b) if a plans certificate relating to the relevant work (or any part of it) has been accepted, the relevant provisions have effect as if, as regards the relevant work, the certificate had not been given (or accepted). (4) For the purposes of subsection (3)(b) it does not matter whether the plans certificate also relates to work other than the relevant work. (5) In this section “the relevant provisions” has the meaning given by section 32. (6) Building regulations may make provision about when work, or work relating to a building, is to be regarded as commenced for the purposes of this section.

, and (c) with the substitution, in subsection (2)(d), of a reference to paragraph 4A of Schedule 4 for the reference to section 53A.

(4A) (1) This paragraph applies where— (a) on any day (“the relevant day”) a public body’s notice is given in respect of any work, and (b) the public body’s notice is accepted. (2) Where the work relates to one building and is not commenced within 3 years from the end of the relevant day— (a) the public body’s notice ceases to be in force, and (b) if a public body’s plans certificate relating to the work (or any part of it) has been accepted, the relevant provisions have effect as if the certificate had not been given (or accepted). (3) Where the work relates to more than one building, and the work in relation to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day— (a) the public body’s notice ceases to be in force so far as it relates to the relevant work, and (b) if a public body’s plans certificate relating to the relevant work (or any part of it) has been accepted, the relevant provisions have effect as if, as regards the relevant work, the certificate had not been given (or accepted). (4) For the purposes of sub-paragraph (3)(b) it does not matter whether the public body’s plans certificate also relates to work other than the relevant work. (5) In this paragraph “the relevant provisions” has the meaning given by section 32. (6) Building regulations may make provision about when work (or work relating to a building) is to be regarded as commenced for the purposes of this paragraph.

Determination of certain applications by Secretary of State or Welsh Ministers

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After section 30 of the Building Act 1984 insert—

(30A) (1) This section applies where the building control authority fails to determine a prescribed application relating to higher-risk building work (“the original application”) within the relevant period. (2) The applicant may apply to the appropriate national authority for the original application to be determined by that authority. (3) An application under this section may be made only— (a) before the end of the prescribed period, and (b) if the building control authority has not determined the original application. (4) The building control authority may not determine the original application at any time after the making of an application under this section. (5) Building regulations may make provision about applications under this section, including in particular provision— (a) about the making of such applications; (b) requiring an applicant to notify the building control authority of the making of an application; (c) imposing duties on the building control authority in cases where an application is made; (d) for and in connection with the appropriate national authority appointing a person to determine the original application (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 original application. (6) The provision that may be made by virtue of subsection (5)(a) includes provision about— (a) the form and content of applications; (b) the information and documents that are to accompany an application; (c) the way in which an application, and anything that is to accompany it, is to be given. (7) For the purposes of determining the original application by virtue of this section, this Act and building regulations apply in relation to the appropriate national authority (and any person appointed by virtue of subsection (5)(d)) as they apply in relation to the building control authority. (8) The applicant may appeal to— (a) the tribunal, against a decision of the Secretary of State made under this section; (b) a magistrates’ court, against a decision of the Welsh Ministers made under this section. (9) In this section “the relevant period” means— (a) the period provided by building regulations as the period within which the building control authority is to make the decision, or (b) if the regulations provide that that period may be extended by agreement between the applicant and the building control authority and such an agreement is made, the agreed period.

Compliance and stop notices

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(35B) (1) The building control authority may give a compliance notice to a person who appears to the authority to have contravened, be contravening or be likely to contravene— (a) a relevant provision of building regulations, or (b) a requirement imposed by virtue of such a provision. (2) A “compliance notice” is— (a) a notice requiring the recipient to take specified steps within a specified period, or (b) a notice requiring the recipient to remedy the contravention or the matters giving rise to it within a specified period. (3) A notice of a kind mentioned in subsection (2)(a) may specify any steps relating to— (a) the remedying of the contravention, or (b) avoiding the contravention occurring. (4) A person who, without reasonable excuse, contravenes a compliance notice commits an offence. (5) A person guilty of an offence under this section 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); and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction. (6) A compliance notice may not be given in respect of a contravention which occurred more than 12 months before the day on which the notice is given. (7) In this section— (a) “relevant provision” means any provision of building regulations except one that is prescribed for the purposes of this paragraph; (b) “specified” means specified in the notice. (35C) (1) The building control authority may give a stop notice to a person appearing to the authority to be in control of any work if it appears to the authority that— (a) the carrying out of the work would contravene a provision of building regulations prescribed for the purposes of this paragraph, (b) a compliance notice relating to the work has been contravened, or (c) the work contravenes a provision of building regulations or a requirement imposed by virtue of such a provision, and the risk of serious harm condition is met. (2) For the purposes of subsection (1)(c) the “risk of serious harm condition” is that use of the building in question without the contravention having been remedied would be likely to present a risk of serious harm to people in or about the building. (3) A “stop notice” is a notice prohibiting, either immediately or from a specified time, the carrying out of specified work until the occurrence of such of the following as may be specified— (a) the taking of specified steps; (b) the occurrence of specified circumstances; (c) the remedying of a specified contravention or the matters giving rise to it. (4) Where a stop notice is contravened, the person to whom the notice was given commits an offence. (5) A person guilty of an offence under this section 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); and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction. (6) It is a defence for a person charged with an offence under this section to prove that the person took all reasonable precautions and exercised all due diligence to avoid the contravention of the stop notice. (7) In this section “specified” means specified in the notice. (35D) (1) Building regulations may make provision about compliance notices or stop notices. (2) The regulations may in particular make provision about— (a) the form and content of notices; (b) the giving of notices; (c) the amendment or withdrawal of notices; (d) the extension of any period specified in a compliance notice for the doing of a thing. (3) The regulations may require a building control authority which gives a notice to a person to take reasonable steps to notify other prescribed persons. (4) A compliance notice, or a stop notice under section 35C(1)(a), may not be given in respect of a contravention (including a future contravention) where— (a) an application for building control approval was made to a building control authority in respect of any work that is not higher-risk building work, (b) the application was granted, and (c) the contravention consists (or would consist) of the carrying out of work or the doing of anything else in accordance with— (i) the plans, or any other document, approved by the grant of building control approval, and (ii) any requirement imposed by the building control authority in connection with the work or other thing.

(39A) (1) A person to whom a compliance notice has been given may appeal to the appropriate court or tribunal. (2) Where an appeal under subsection (1) is made— (a) the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and (b) the specified period mentioned in section 35B(2) is treated as extended by the period— (i) beginning with the day on which the appeal is made, and (ii) ending with the day on which the appeal is finally determined or withdrawn. (3) A person to whom a compliance notice has been given may apply to the appropriate court or tribunal for an extension of the period for the doing of the thing specified in the notice. (4) Subsection (2) applies in relation to such an application as it applies in relation to an appeal under subsection (1). (5) A person to whom a stop notice has been given may appeal to the appropriate court or tribunal. (6) Where an appeal under subsection (5) is made— (a) the appellant may apply to the appropriate court or tribunal for a direction that the stop notice is of no effect pending the final determination or withdrawal of the appeal, and (b) unless and until any such direction is given, the stop notice continues to have effect despite the making of the appeal.

Breach of building regulations

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(35) (1) A person who contravenes a provision of building regulations, or a requirement imposed by virtue of any such provision, commits an offence. (2) Building regulations may provide that subsection (1) does not apply in relation to a prescribed provision of the regulations. (3) Building regulations may provide that, in relation to a prescribed provision of the regulations, it is a defence for a person charged with an offence under this section to prove such matters relating to the contravention as may be prescribed. (4) A person guilty of an offence under this section 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); and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

Liability of officers of body corporate etc

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In the Building Act 1984 before section 113 insert—

(112A) (1) Where an offence under this Act committed by a body corporate— (a) is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or (b) is attributable to any neglect on the part of any such person, that person as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly. (2) In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. (3) Subsection (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference— (a) in the case of a partnership, to a partner; (b) in the case of an unincorporated body other than a partnership— (i) where the body’s affairs are managed by its members, to a member of the body; (ii) in any other case, to a member of the governing body.

Revocation etc of certain provision made under section 2(2) of ECA 1972

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Building control approvers and building inspectors

Regulation of building control profession

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In the Building Act 1984, after Part 2 insert—

(58A) In this Act the “regulatory authority” means— (a) in relation to England, the regulator; (b) in relation to Wales, the Welsh Ministers. (58B) In this Act “registered building inspector” means an individual registered as a building inspector in accordance with this Part. (58C) (1) The regulatory authority must establish and maintain a register of building inspectors. (2) The register may provide for different classes of building inspectors (for example, according to qualifications or experience). (3) The regulatory authority must register an individual as a building inspector, or a building inspector of a particular class, if— (a) the individual makes an application for registration in accordance with section 58D, and (b) the authority is satisfied that the individual meets such criteria as the authority may from time to time determine. (4) Registration may— (a) have effect in relation to all work or in relation to work of a particular description; (b) be subject to conditions. (5) Registration must be for a prescribed period. (6) The register must record, in relation to each registered building inspector— (a) the individual’s name and business address; (b) if the individual is employed by a building control authority or a registered building control approver, the name and business address of that person; (c) whether the individual’s registration has effect in relation to all work or work of a particular description; (d) if the individual’s registration has effect in relation to work of a particular description, that description of work; (e) any conditions to which the individual’s registration is subject; (f) the period for which the individual is registered; (g) if the individual’s registration has been varied by an order under section 58I(2)(b), that fact and the effect of the variation; (h) if the individual’s registration has been suspended by an order under section 58I(2)(c) or 58J(2), that fact and the period of the suspension; (i) any matters that are prescribed. (7) The regulatory authority must make the register available for inspection by the public in whatever way the authority thinks appropriate. (58D) (1) An application for registration as a building inspector must— (a) be made in such form and manner, and (b) be accompanied by such information and supporting evidence, as the regulatory authority may from time to time determine. (2) The regulatory authority may make different provision about those matters for different cases. (3) When considering an application for registration, the regulatory authority may require the applicant to provide it with such further information or supporting evidence as the authority may require. (4) The applicant may appeal to the appropriate court or tribunal against any decision made by the regulatory authority on the application. (58E) (1) A registered building inspector may apply for the variation or cancellation of their registration. (2) Section 58D applies to such an application as it applies to an application for registration. (58F) (1) The regulatory authority must prepare and publish a code of conduct for registered building inspectors. (2) The code must set out standards of professional conduct and practice expected of registered building inspectors. (3) The code may make different provision for different cases (for example, for different descriptions of work). (4) The regulatory authority may revise the code of conduct at any time (and must publish any revised code). (58G) (1) The regulatory authority may by notice in writing require a registered building inspector to provide the authority with any documents or information the authority reasonably requires for the purposes its functions under sections 58B to 58M. (2) The notice must specify— (a) the documents or information required, (b) the date by which they must be provided, and (c) the form in which they must be provided. (58H) (1) If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a registered building inspector may be guilty of professional misconduct, the authority may investigate the matter. (2) In this Part “professional misconduct”, in relation to a registered building inspector, means conduct that— (a) falls short of the standards of conduct and practice expected of registered building inspectors, or (b) is likely to bring the profession of registered building inspectors into disrepute. (3) The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating a registered building inspector under this section (which must include an opportunity for the inspector to make representations). (4) The regulatory authority may revise the statement at any time (and must publish any revised statement). (58I) (1) If following an investigation under section 58H the regulatory authority determines that an individual who is a registered building inspector is guilty of professional misconduct, the authority may make one or more disciplinary orders. (2) A disciplinary order is an order— (a) requiring the individual to pay a financial penalty of an amount specified in the order, (b) varying the individual’s registration in a way specified in the order, (c) suspending the individual’s registration for a period specified in the order, or (d) cancelling the individual’s registration from a date specified in the order. (3) Varying the individual’s registration means varying any of the matters listed in section 58C(4) (limitations and conditions). (4) Where the regulatory authority makes a disciplinary order it must give a copy of the order to the individual concerned as soon as reasonably practicable. (5) The individual may appeal to the appropriate court or tribunal against a disciplinary order under this section. (6) A disciplinary order under subsection (2)(a) or (b) has no effect until— (a) the end of the period within which an appeal may be brought, or (b) if an appeal is brought before the end of that period, the determination of the appeal. (7) Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a). (58J) (1) This section applies where the regulatory authority considers that— (a) an individual who is a registered building inspector may be guilty of professional misconduct, and (b) the suspected misconduct is so serious that, if the authority determines that the individual is guilty, it is likely to make an order under section 58I(2)(d) cancelling the individual’s registration. (2) The regulatory authority may by order suspend the individual’s registration for a period specified in the order (which must not exceed 3 months). (3) The regulatory authority may revoke the order before the end of that period. (4) Where the regulatory authority makes (or revokes) an order under this section it must give a copy of the order (or notice of the revocation) to the individual concerned as soon as reasonably practicable. (5) The individual may appeal to the appropriate court or tribunal against an order under this section. (58K) An individual whose registration is suspended under section 58I(2)(c) or 58J(2) is not a registered building inspector for the purposes of section 46A or 54B (restricted activities and functions) (but is a registered building inspector for the purposes of this Part). (58L) (1) A registered building inspector commits an offence if, without reasonable excuse, they carry out a restricted activity on behalf of a building control authority or a registered building control approver— (a) in relation to work which is outside the scope of their registration, or (b) while their registration is suspended. (2) “Restricted activity”— (a) in relation to a building control authority, has the meaning given by section 46A; (b) in relation to a registered building control approver, has the meaning given by section 54B. (3) A registered building inspector commits an offence if, without reasonable excuse— (a) they give advice to a building control authority or registered building control approver— (i) in relation to work which is outside the scope of their registration, or (ii) while their registration is suspended, and (b) they know, or ought to know, that the authority or approver is obtaining that advice for the purposes of section 46A or 54B (restricted functions). (4) A registered building inspector commits an offence if, with intent to deceive, they do anything which implies that work which is outside the scope of their registration is within the scope of their registration. (5) A registered building inspector whose registration is suspended commits an offence if, with intent to deceive, they do anything which implies that their registration is not suspended. (6) For the purposes of this section, work is outside the scope of a registered building inspector’s registration if the inspector’s registration does not have effect in relation to work of that description. (7) An offence under this section is punishable on summary conviction by a fine. (58M) (1) A person who is not a registered building inspector commits an offence if, with intent to deceive, the person— (a) impersonates a registered building inspector, or (b) does anything (including using any name, title or description) which implies that the person is a registered building inspector. (2) An offence under this section is punishable on summary conviction by a fine. (58N) In this Act “registered building control approver” means a person registered as a building control approver in accordance with this Part. (58O) (1) The regulatory authority must establish and maintain a register of building control approvers. (2) The regulatory authority must register a person as a building control approver if— (a) the person makes an application for registration in accordance with section 58P, and (b) the authority is satisfied that the person meets such criteria as the authority may from time to time determine. (3) Registration may— (a) have effect in relation to all work or in relation to work of a particular description; (b) be subject to conditions. (4) Registration must be for a prescribed period. (5) The register must record, in relation to each registered building control approver— (a) the person’s name and business address; (b) whether the person’s registration has effect in relation to all work or work of a particular description; (c) if the person’s registration has effect in relation to work of a particular description, that description of work; (d) any conditions to which the person’s registration is subject; (e) the period for which the person is registered; (f) if the person’s registration has been varied by an order under section 58U(2)(b), that fact and the effect of the variation; (g) if the person’s registration has been suspended by an order under section 58U(2)(c) or 58V(2), that fact and the period of the suspension; (h) any matters that are prescribed. (6) The regulatory authority must make the register available for inspection by the public in whatever way the authority thinks appropriate. (58P) (1) An application for registration as a building control approver must— (a) be made in such form and manner, and (b) be accompanied by such information and supporting evidence, as the regulatory authority may from time to time determine. (2) The regulatory authority may make different provision about those matters for different cases. (3) When considering an application for registration, the regulatory authority may require the applicant to provide it with such further information or supporting evidence as the authority may require. (4) The applicant may appeal to the appropriate court or tribunal against any decision made by the regulatory authority on the application. (58Q) (1) A registered building control approver may apply for the variation or cancellation of their registration. (2) Section 58P applies to such an application as it applies to an application for registration. (58R) (1) The regulatory authority must prepare and publish professional conduct rules applying to registered building control approvers (in addition to operational standards rules applying to them under section 58Z). (2) Professional conduct rules may in particular make provision about insurance and financial propriety. (3) The rules may make different provision for different cases (for example, for different descriptions of work). (4) The regulatory authority may revise the professional conduct rules at any time (and must publish any revised rules). (58S) (1) The regulatory authority may by notice in writing require a registered building control approver to provide the authority with any documents or information the authority reasonably requires for the purposes of its functions under sections 58N to 58X. (2) The notice must specify— (a) the documents or information required, (b) the date by which they must be provided, and (c) the form in which they must be provided. (58T) (1) If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a registered building control approver may have contravened the professional conduct rules, the authority may investigate the matter. (2) The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating a registered building control approver under this section (which must include an opportunity for the person to make representations). (3) The regulatory authority may revise the statement at any time (and must publish any revised statement). (58U) (1) If following an investigation under section 58T the regulatory authority determines that a person who is a registered building control approver has contravened the professional conduct rules, the authority may make one or more disciplinary orders. (2) A disciplinary order is an order— (a) requiring the person to pay a financial penalty of an amount specified in the order, (b) varying the person’s registration in a way specified in the order, (c) suspending the person’s registration for a period specified in the order, or (d) cancelling the person’s registration from a date specified in the order. (3) Varying the person’s registration means varying any of the matters listed in section 58O(3) (limitations and conditions). (4) Where the regulatory authority makes a disciplinary order it must as soon as reasonably practicable— (a) give a copy of the order to the person concerned, and (b) in prescribed cases, give a copy of the order— (i) to each local authority in England, where the regulatory authority is the regulator, or (ii) to each local authority in Wales, where the regulatory authority is the Welsh Ministers. (5) The person may appeal to the appropriate court or tribunal against a disciplinary order under this section. (6) A disciplinary order under subsection (2)(a) or (b) has no effect until— (a) the end of the period within which an appeal may be brought, or (b) if an appeal is brought before the end of that period, the determination of the appeal. (7) Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a). (8) A person whose registration is suspended by an order under subsection (2)(c) is a registered building control approver for the purposes of this Part. (9) See section 58Z6(2) for further provision about cancellation of a person’s registration as a building control approver. (58V) (1) This section applies where the regulatory authority considers that— (a) a person who is a registered building control approver may have contravened the professional conduct rules, and (b) the suspected contravention is so serious that, if the authority determines that the contravention has occurred, it is likely to make an order under section 58U(2)(d) cancelling the person’s registration. (2) The regulatory authority may by order suspend the person’s registration for a period specified in the order (which must not exceed 3 months). (3) The regulatory authority may revoke the order before the end of that period. (4) Where the regulatory authority makes (or revokes) an order under this section it must as soon as reasonably practicable— (a) give a copy of the order (or notice of the revocation) to the person concerned, and (b) in prescribed cases, give a copy of the order (or notice of the revocation)— (i) to each local authority in England, where the regulatory authority is the regulator, or (ii) to each local authority in Wales, where the regulatory authority is the Welsh Ministers. (5) The person may appeal to the appropriate court or tribunal against an order under this section. (6) A person whose registration is suspended by an order under this section is a registered building control approver for the purposes of this Part. (58W) (1) A registered building control approver commits an offence if, without reasonable excuse, they exercise a function under this Act, or regulations made under this Act— (a) in relation to work outside the scope of their registration, or (b) while their registration is suspended. (2) A registered building control approver commits an offence if, with intent to deceive, they do anything which implies that work which is outside the scope of their registration is within the scope of their registration. (3) A registered building control approver whose registration is suspended commits an offence if, with intent to deceive, they do anything which implies that their registration is not suspended. (4) For the purposes of this section, work is outside the scope of a registered building control approver’s registration if their registration does not have effect in relation to work of that description. (5) An offence under this section is punishable on summary conviction by a fine. (58X) (1) A person who is not a registered building control approver commits an offence if, with intent to deceive, the person— (a) impersonates a registered building control approver, or (b) does anything (including using any name, title or description) which implies that the person is a registered building control approver. (2) An offence under this section is punishable on summary conviction by a fine. (58Y) (1) The regulatory authority may delegate its registration functions to another person, to such extent and subject to such conditions as it considers appropriate. (2) The regulatory authority’s registration functions are its functions under sections 58B to 58X (and include the charging of any registration fees or recovery of any registration charges). (3) “Registration fees” and “registration charges” mean fees and charges in connection with the regulatory authority’s functions under sections 58B to 58X that are— (a) prescribed by regulations under section 105B, or (b) determined by the regulatory authority in accordance with regulations under that section. (4) The regulatory authority may vary or revoke a delegation. (5) Where the regulatory authority is the regulator, it— (a) may make, vary or revoke a delegation only with the consent of the Secretary of State; (b) must vary or revoke a delegation if directed to do so by the Secretary of State. (6) Section 58Z9 of this Act (sharing of information between regulatory authorities) and Schedule 3 to the Building Safety Act 2022 (information sharing between regulator and other authorities) apply as if references to the regulator included references to a person to whom the regulator has delegated functions under this section. (7) The following provisions of this Act apply as if references to the Welsh Ministers included references to a person to whom the Welsh Ministers have delegated functions under this section— (a) section 58Z9 (sharing of information between regulatory authorities); (b) section 91B (cooperation and sharing of information between Welsh Ministers and other authorities); (c) section 131A (application to the Crown). (58Z) (1) The regulatory authority may make rules (“operational standards rules”) applying to local authorities and registered building control approvers in relation to their exercise of building control functions. (2) Operational standards rules may in particular make provision about standards to be met, and practices, procedures or methods to be adopted, in exercising building control functions. (3) In this Part “building control functions”, in relation to a local authority or registered building control approver, means the functions of the authority or approver under this Act and regulations made under it. (4) The operational standards rules may make different provision for different cases (for example, for different descriptions of work). (5) The regulatory authority may revise the operational standards rules at any time. (6) The regulatory authority must publish the operational standards rules (and any revised rules). (58Z1) (1) The regulatory authority may direct local authorities and registered building control approvers to provide it, at specified times or intervals, with specified reports, returns and other information relating to the exercise of their building control functions. (2) “Specified” means specified in the direction. (3) A direction under this section— (a) must be in writing; (b) may be general or specific; (c) may be varied or revoked. (4) A registered building control approver who, without reasonable excuse, fails to comply with a direction under this section commits an offence. (5) An offence under subsection (4) is punishable on summary conviction by a fine. (58Z2) (1) This section applies where the Welsh Ministers are the regulatory authority. (2) The Welsh Ministers may by notice in writing require a local authority or registered building control approver to provide the Welsh Ministers with any documents or information relating to the exercise of their building control functions that the Welsh Ministers reasonably require. (3) The notice must specify— (a) the documents or information required, (b) the date by which they must be provided, and (c) the form in which they must be provided. (4) A registered building control approver who, without reasonable excuse, fails to comply with a notice under this section commits an offence. (5) An offence under subsection (4) is punishable on summary conviction by a fine. (58Z3) (1) If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a local authority or registered building control approver may have contravened the operational standards rules, the regulatory authority may investigate the matter. (2) The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating an authority or approver under this section (which must include an opportunity for the authority or approver to make representations). (3) The regulatory authority may revise the statement at any time (and must publish any revised statement). (58Z4) (1) The regulatory authority may give an improvement notice to a local authority or a registered building control approver if it appears to the regulatory authority (following an investigation under section 58Z3 or otherwise) that the local authority or registered building control approver has contravened operational standards rules. (2) An improvement notice is a notice requiring the local authority or registered building control approver to remedy the contravention by doing, or by refraining from doing, anything specified in the order. (3) An improvement notice may have effect— (a) until it is revoked, or (b) for a period specified in the notice. (4) Where the regulatory authority gives an improvement notice, it must also give the local authority or registered building control approver a statement of the reasons for giving the notice. (5) Where the regulatory authority gives an improvement notice to a registered building control approver, in prescribed cases it must as soon as reasonably practicable provide copies of the notice and the statement— (a) to each local authority in England, where the regulatory authority is the regulator, or (b) to each local authority in Wales, where the regulatory authority is the Welsh Ministers. (6) Where the regulatory authority giving an improvement notice is the regulator, it must as soon as reasonably practicable provide copies of the notice and the statement of reasons to the Secretary of State. (7) The local authority or registered building control approver to whom the improvement notice is given may appeal to the appropriate court or tribunal against the notice. (58Z5) (1) The regulatory authority may give a serious contravention notice to a local authority or a registered building control approver if it appears to the regulatory authority (following an investigation under section 58Z3 or otherwise) that the condition in subsection (2) or (3) is met. (2) The condition in this subsection is that— (a) the local authority or registered building control approver has contravened operational standards rules, and (b) as a result of the contravention the safety of persons in or about buildings has been, or may have been, put at risk. (3) This condition in this subsection is that the local authority or registered building control approver— (a) has been given an improvement notice under section 58Z4, and (b) has failed to remedy the contravention of operational standards rules in respect of which the notice was given. (4) A serious contravention notice is a notice requiring the local authority or registered building control approver to remedy the contravention in question by doing, or by refraining from doing, anything specified in the order. (5) A serious contravention notice may have effect— (a) until it is revoked, or (b) for a period specified in the notice. (6) Where the regulatory authority gives a serious contravention notice, it must also give the local authority or registered building control approver a statement of the reasons for giving the notice. (7) Where the regulatory authority gives a serious contravention notice to a registered building control approver, in prescribed cases it must as soon as reasonably practicable provide copies of the notice and the statement— (a) to each local authority in England, where the regulatory authority is the regulator, or (b) to each local authority in Wales, where the regulatory authority is the Welsh Ministers. (8) Where the regulatory authority giving a serious contravention notice is the regulator, it must as soon as reasonably practicable provide copies of the notice and the statement of reasons to the Secretary of State. (9) The local authority or registered building control approver to whom the serious contravention notice is given may appeal to the appropriate court or tribunal against the notice. (10) A person who, without reasonable excuse, contravenes a serious contravention notice commits an offence and is liable on summary conviction to a fine. (58Z6) (1) This section applies where— (a) the regulatory authority has given a registered building control approver one or more serious contravention notices under section 58Z5, and (b) it appears to the regulatory authority that the way in which the approver exercises their building control functions— (i) falls short of the standards expected, and (ii) puts, or may put, the safety of persons in or about buildings at risk, and is likely to continue to do so. (2) The regulatory authority may cancel the approver’s registration. (3) But before cancelling a registered building control approver’s registration under subsection (2) the regulatory authority must— (a) give the approver notice that it is considering its registration under that subsection, and explain its reasons, and (b) invite the approver to make representations within a period specified in the notice (which must not be less than 14 days). (4) Where the regulatory authority cancels a registered building control approver’s registration under subsection (2) it must as soon as reasonably practicable— (a) notify the approver that it has done so, (b) give the approver a statement of its reasons, and (c) notify— (i) each local authority in England, where the regulatory authority is the regulator, or (ii) each local authority in Wales, where the regulatory authority is the Welsh Ministers. (5) A registered building control approver may appeal to the appropriate court or tribunal against the cancellation of its registration under subsection (2). (58Z7) (1) This section applies where— (a) the regulatory authority is the regulator, (b) the regulatory authority has given a local authority one or more serious contravention notices under section 58Z5, and (c) it appears to the regulatory authority that the way in which the local authority exercises their building control functions— (i) falls short of the standards expected, and (ii) puts, or may put, the safety of persons in or about buildings at risk, and is likely to continue to do so. (2) The regulatory authority may recommend to the Secretary of State that the Secretary of State make an order under section 116(4) (transfer of functions to the Secretary of State or another local authority). (3) But before making a recommendation under subsection (2) the regulatory authority must— (a) give the local authority notice that it is considering making a recommendation under that subsection, and explain its reasons, and (b) invite the authority to make representations within a period specified in the notice (which must not be less than 14 days). (4) Where the regulatory authority makes a recommendation under subsection (2) it must as soon as reasonably practicable— (a) notify the local authority that it has done so, and (b) give the local authority a statement of its reasons. (5) A local authority may appeal to the tribunal against a recommendation under subsection (2). (58Z8) (1) The regulatory authority may carry out an inspection of a local authority, or a registered building control approver, in relation to their exercise of building control functions. (2) The purposes for which an inspection may be carried out include— (a) ascertaining the efficiency and effectiveness of the local authority or registered building control approver in exercising their building control functions; (b) verifying any information provided by the local authority or registered building control approver to the regulatory authority, in connection with their building control functions. (58Z9) (1) The regulator may disclose information held in connection with a function under this Part to the Welsh Ministers for the purposes of— (a) a function of the regulator under this Part, or (b) a function of the Welsh Ministers under this Part. (2) The Welsh Ministers may disclose information held in connection with a function under this Part to the regulator for the purposes of— (a) a function of the Welsh Ministers under this Part, or (b) a function of the regulator under this Part. (3) Except as provided by subsection (4), 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). (4) 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). (58Z10) An appeal lies to the Crown Court against a decision of a magistrates’ court under this Part.

Transfer of approved inspectors’ functions to registered building control approvers

43

Schedule 4 amends the Building Act 1984 so as to—

Functions exercisable only through, or with advice of, registered building inspectors

44

(46A) (1) A building control authority may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the authority’s behalf, whose registration has effect in relation to work of that description. (2) Before each exercise of a restricted function in relation to any work, a building control authority must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description. (3) The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the authority. (4) In this section— - “restricted activity” means an activity that is prescribed for the purposes of this section; - “restricted function” means a function of a building control authority under— this Part, Part 3, or regulations made under this Part or Part 3, that is prescribed for the purposes of this section.

(54B) (1) This section applies to a registered building control approver who is not a registered building inspector. (2) The approver may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the approver’s behalf, whose registration has effect in relation to work of that description. (3) Before each exercise of a restricted function in relation to any work, the approver must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description. (4) The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the approver. (5) In this section— - “restricted activity” means an activity that is prescribed for the purposes of this section; - “restricted function” means a function of a registered building control approver under this Part, or regulations made under this Part, that is prescribed for the purposes of this section. (6) A registered building control approver who contravenes subsection (2) or (3) without reasonable excuse commits an offence. (7) An offence under this section is punishable on summary conviction by a fine.

Default powers of appropriate national authority

45

(3) The Secretary of State must consult the regulator before making an order under subsection (1) or (2). (4) The Secretary of State may also make a transfer order in respect of a local authority if— (a) under section 58Z7(2) the regulator recommends that the Secretary of State make a transfer order in respect of the authority, and (b) the Secretary of State is satisfied that the way in which the authority exercises its functions under this Act— (i) falls short of the standards expected, and (ii) puts, or may put, the safety of persons in or about buildings at risk, and is likely to continue to do so. (5) The Welsh Ministers may also make a transfer order in respect of a local authority if the Welsh Ministers are satisfied that the way in which the authority exercises its functions under this Act— (a) falls short of the standards expected, and (b) puts, or may put, the safety of persons in or about buildings at risk, and is likely to continue to do so. (6) A “transfer order”, in respect of a local authority or joint board, is an order transferring to the appropriate national authority, or to another local authority, such functions of the authority or board as may be specified in the order.

(A1) This section applies where the appropriate national authority has transferred functions to itself by a transfer order under section 116. (A2) Any expenses incurred by the Secretary of State in discharging the transferred functions are to be paid in the first instance out of money provided by Parliament.

;

(1A) The Secretary of State must consult the regulator before making an order under subsection (1).

;

Higher-risk building work: registered building control approvers

46

(1) This section applies where— (a) it is proposed that the work to which an initial notice relates should be varied, and (b) the work as varied is not higher-risk building work.

(52A) (1) If, at a time when an initial notice is in force, it appears to the registered building control approver that some or all of the work has become higher-risk building work, the registered building control approver must, as soon as is reasonably practicable, cancel the relevant part of the initial notice by notice in the prescribed form given to— (a) the local authority concerned, and (b) the person carrying out or intending to carry out the work. (2) If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work that some or all of the work has become higher-risk building work, the person must, as soon as is reasonably practicable, cancel the relevant part of the initial notice by notice in the prescribed form given to— (a) the local authority concerned, and (b) the registered building control approver. (3) Where a person is required to give a notice under subsection (1) or (2) in relation to higher-risk building work in England, the person must, as soon as is reasonably practicable, give a copy of that notice to the regulator. (4) If, at a time when an initial notice is in force, it appears to the local authority concerned that some or all of the work has become higher-risk building work, the authority must cancel the relevant part of the initial notice by notice in the prescribed form given to— (a) the registered building control approver, and (b) the person shown in the initial notice as the person intending to carry out the work. (5) Where a local authority is required to give a notice under subsection (4) in relation to higher-risk building work in England, the local authority must give a copy of that notice to the regulator. (6) A person commits an offence if they fail without reasonable excuse to— (a) give to a local authority a notice that the person is required to give by subsection (1) or (2); (b) give to the regulator a copy of a notice that the person is required to give by subsection (3). (7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine. (8) Where a notice is given under any of subsections (1), (2) and (4) (a “cancellation notice”)— (a) the part of the initial notice to which the cancellation notice relates is cancelled with effect from the day on which the cancellation notice is given, and (b) a new initial notice may not be given in relation to any of the work to which the cancelled part of the initial notice related. (9) In this section “the relevant part of the initial notice” means so much of the initial notice as relates to work that has become higher-risk building work. (52B) (1) This section applies where an initial notice ceases to be in force, whether in whole or in part, by virtue of section 47(4)(b)(ia) (higher-risk building work). (2) If, before the day on which the relevant part of the initial notice ceased to be in force, a final certificate— (a) was given in respect of part of the work to which the relevant part of the initial notice relates, and (b) was accepted by the local authority, the fact that the relevant part of the initial notice has ceased to be in force does not affect the continuing operation of section 51(3) in relation to that part of the work. (3) The building control authority in relation to any of the uncertified work is— (a) in England, the regulator, and (b) in Wales, the relevant local authority (within the meaning of section 121A(2)). (4) In subsection (3), the “uncertified work” means any of the work— (a) to which the relevant part of the initial notice relates, and (b) in respect of which no final certificate has been accepted by the local authority as mentioned in subsection (2). (5) Sections 91(3) (duties of the regulator) and 121A(1) (meaning of “building control authority”) apply as if, in each case, the reference to section 91ZA or 91ZB were a reference to section 52B, 91ZA or 91ZB. (6) In any case where this section applies, the reference in subsection (4) of section 36 to the date of the completion of the work in question has effect, in relation to a notice under subsection (1) of that section, as if it were a reference to the date on which the relevant part of the initial notice ceased to be in force. (7) In this section “the relevant part of the initial notice” means so much of the initial notice as was cancelled by a notice under section 52A (cancellation of initial notice when work becomes higher-risk building work).

(ia) it is cancelled, in whole or in part, by a notice under section 52A,

.

(2A) Where a local authority cancels an initial notice, in whole or in part, by giving a notice (a “cancellation notice”) under section 52A(4)— (a) the person shown in the initial notice as the person intending to carry out the work, or (b) the registered building control approver, may appeal to the appropriate court or tribunal. (2B) On an appeal under subsection (2A), the court or tribunal must determine whether the relevant part of the initial notice was properly cancelled. (2C) In a case where the court or tribunal determines that the relevant part of the initial notice was not properly cancelled— (a) the determination does not have the effect of reinstating the relevant part of the initial notice; (b) section 52B(2) and (6) continue to apply in relation to the relevant part of the initial notice; (c) a new initial notice relating to any of the work to which the relevant part of the original initial notice related (the “original work”) may be given only if the new initial notice— (i) is given before the end of the period of seven days beginning with the day on which the appeal is determined or such other period as may be prescribed, and (ii) relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority; (d) the court or tribunal may give such directions as it considers appropriate in consequence of the determination (which may include giving directions to the regulator). (2D) Where— (a) a plans certificate has been given in respect of any of the original work, (b) the conditions in paragraphs (a) and (b) of section 53(2) are fulfilled with respect to that certificate, and (c) a new initial notice as referred to in subsection (2C)(c) is accepted, section 50(1C) does not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate. (2E) Where— (a) a new initial notice is given in accordance with subsection (2C)(c), and (b) the registered building control approver shown in the new initial notice is different to the registered building control approver shown in the original initial notice, sections 53B to 53E apply as if any reference in those sections to a new initial notice given in accordance with section 53(7)(a) were a reference to a new initial notice given in accordance with section 55(2C)(c). (2F) In this section the “relevant part of the initial notice” means so much of the initial notice as was subject to the cancellation notice.

Higher-risk building work: public bodies

47

After section 54 of the Building Act 1984 insert—

(54A) (1) The appropriate national authority may by regulations make such amendments of the provisions listed in subsection (2) as the authority considers appropriate in connection with higher-risk building work. (2) The provisions are— (a) section 5; (b) section 54; (c) Schedule 4.

Insurance: removal of requirements

48

Plans certificates

49

(1) In this Part a “plans certificate” means a certificate by a registered building control approver that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the approver has given an initial notice). (1A) The relevant conditions are that the registered building control approver— (a) has inspected— (i) full plans of the work, or (ii) plans of the work that the approver is satisfied are sufficient for the purposes of giving a plans certificate in relation to the work, (b) is satisfied that the plans are not defective, (c) is satisfied that work carried out in accordance with the plans would not contravene any provision of building regulations, and (d) has complied with any prescribed requirements as to consultation or otherwise. (1B) Subsection (1C) applies if the person intending to carry out work to which an initial notice relates asks the registered building control approver who gave the initial notice to give a plans certificate in respect of the work. (1C) If the relevant conditions are met, the approver must give a plans certificate to the local authority and the person intending to carry out the work. (1D) A plans certificate must be in the prescribed form.

;

(7A) Building regulations may make further provision in connection with plans certificates, including in particular provision— (a) requiring a plans certificate to be given to the local authority in prescribed cases; (b) about the consequences of failing to comply with such a requirement (for example, for an initial notice to cease to have effect in whole or in part); (c) requiring a plans certificate stating that the condition in subsection (1A)(a)(ii) is met to include prescribed information about the further plans that the registered building control approver considers need to be provided.

(1) In this Part a “public body’s plans certificate” means a certificate by a public body that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the public body has given a public body’s notice). (1A) The relevant conditions are that the public body— (a) is satisfied that— (i) a competent person has inspected full plans of the work, or (ii) a competent person has inspected plans of the work which the public body is satisfied, in the light of that inspection, are sufficient for the purposes of giving a public body’s plans certificate in relation to the work, (b) is satisfied in the light of that inspection that the plans are not defective, (c) is satisfied in the light of that inspection that work carried out in accordance with the plans would not contravene any provision of building regulations, and (d) has complied with any prescribed requirements as to consultation or otherwise. (1B) “Competent person” means a servant or agent of the public body who is competent to assess the plans. (1C) If the relevant conditions are met, the public body may give a public body’s plans certificate to the local authority. (1D) A public body’s plans certificate must be in the prescribed form.

;

(7) Building regulations may make further provision about public body’s plans certificates, including in particular provision— (a) requiring a public body’s plans certificate to be given to the local authority in prescribed cases; (b) about the consequences of failing to comply with such a requirement (for example, for a public body’s notice to cease to have effect in whole or in part); (c) requiring a public body’s plans certificate stating that the condition in sub-paragraph (1A)(a)(ii) is met to include prescribed information about the further plans that the public body considers need to be provided.

Cancellation of initial notice

50

(d) the registered building control approver is given a disciplinary order under section 58U(2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates, (e) the registered building control approver is given a disciplinary order under section 58U(2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention), or (f) it appears to the registered building control approver that a prescribed circumstance exists,

;

(3) If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work to which the notice relates that— (a) the registered building control approver is no longer willing or able to carry out the registered building control approver’s functions with respect to any of that work, or (b) a prescribed circumstance exists, the person must cancel the initial notice by notice in the prescribed form given to the local authority concerned and, if it is practicable to do so, to the registered building control approver.

(5A) If, at a time when an initial notice is in force, it appears to the local authority concerned that a condition in subsection (5B) is satisfied, the authority must cancel the initial notice by notice in the prescribed form given to— (a) the person shown in the initial notice as the registered building control approver, and (b) the person shown in the initial notice as the person intending to carry out the work. (5B) The conditions are— (a) the registered building control approver is given a disciplinary order under section 58U(2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates; (b) the registered building control approver is given a disciplinary order under section 58U(2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention); (c) the registered building control approver is given a disciplinary order under section 58U(2)(d) (cancellation of registration); (d) the registered building control approver has their registration cancelled under section 58Z6(2) (serious contravention notices); (e) a prescribed circumstance exists.

(7) Before cancelling an initial notice under subsection (5A) based on a condition in subsection (5B)(a), (b) or (e), the local authority must— (a) give the person shown in the initial notice as the registered building control approver a notice in the prescribed form at least seven days before the day on which the initial notice is to be cancelled, and (b) have regard to any representations made to the local authority during that period.

New initial notices

51

(7) A new initial notice relating to any of the work to which the original initial notice related (the “original work”) may be given only if— (a) in the case of an initial notice that ceases to be in force by virtue of— (i) being cancelled under section 52(1)(d) or (e), (ii) being cancelled under section 52(5A) based on a condition in section 52(5B)(a) to (d), or (iii) such other provision as may be prescribed, the conditions in subsection (8) are met, or (b) in any other case, the conditions in subsection (9) are met. (8) The conditions referred to in subsection (7)(a) are that the new initial notice— (a) is given before the end of the period of seven days beginning with the day on which the original initial notice ceased to be in force or such other period as may be prescribed, (b) relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority, and (c) is not a combined initial notice and plans certificate given in accordance with section 50(4). (9) The conditions referred to in subsection (7)(b) are that— (a) before the original initial notice ceases to be in force, the original registered building control approver has given a final certificate under section 51 in respect of any part of the work which they are satisfied has been completed, and (b) the new initial notice relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority. (10) Where— (a) a plans certificate has been given in respect of any of the original work, (b) the conditions in paragraphs (a) and (b) of subsection (2) are fulfilled with respect to that certificate, and (c) a new initial notice as referred to in subsection (7) is accepted, section 50(1C) does not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate. (11) Section 53B applies in relation to a new initial notice given in accordance with subsection (7)(a). (12) The appropriate national authority may issue guidance about the process for— (a) the giving of a new initial notice under subsection (7); (b) the giving of a transfer certificate and a transfer report under section 53B; (c) the consideration of a transfer certificate and a transfer report under section 53C. (13) The appropriate national authority may revise or withdraw any issued guidance. (14) The following must have regard to guidance issued under subsection (12)— (a) a local authority; (b) a registered building control approver; (c) a person carrying out or intending to carry out work to which a new initial notice given under subsection (7) relates.

(53B) (1) This section applies where a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases). (2) Where the new initial notice is accepted by the local authority the registered building control approver must take all reasonable steps to determine whether the unfinished work contravenes any provision of building regulations (including where necessary by carrying out inspections and laying open any work). (3) If the registered building control approver determines that the unfinished work does not contravene any provision of building regulations, the approver must give a transfer certificate and a transfer report to the local authority before the end of the relevant period. (4) If the registered building control approver is unable to make the determination referred to in subsection (3), the approver must— (a) give the person carrying out or intending to carry out the work a notice setting out why they were unable to make the determination, and (b) give a copy of that notice to the local authority. (5) A transfer certificate must— (a) confirm that the registered building control approver has determined that the unfinished work up to the date of the certificate does not contravene any provision of building regulations, and (b) contain the prescribed information. (6) A transfer report must contain any plans, documents or other information related to the confirmation in subsection (5)(a). (7) In this section the “relevant period” means— (a) the period of 21 days beginning with the day on which the new initial notice is accepted or such other period as may be prescribed, or (b) such longer period as may be agreed by the local authority following a request from the registered building control approver. (8) A transfer certificate given by a registered building control approver— (a) does not impose any liability, whether civil or criminal, on the registered building control approver for any work carried out by the previous registered building control approver, and (b) does not affect any liability, whether civil or criminal, of the previous registered building control approver for work carried out by that approver. (9) In this section “unfinished work” means all of the work to which the original initial notice related, except for any work in respect of which a final certificate was accepted by the local authority. (53C) (1) This section applies where a registered building control approver gives a transfer certificate and a transfer report to a local authority in accordance with section 53B(3). (2) The local authority must, by notice, accept or reject the certificate and report before the end of the relevant period. (3) The local authority may reject the certificate and report only if— (a) any of the prescribed grounds exist, or (b) the registered building control approver fails to comply with a requirement in subsection (4) to give information to the local authority. (4) During the period of 21 days beginning with the day on which the transfer certificate and transfer report is given to the local authority or such other period as may be prescribed, the local authority may, by notice, require the registered building control approver to give to the local authority such information as may be specified in the notice. (5) The registered building control approver must give the information specified in the notice to the local authority before the end of the period of seven days beginning with the day on which the notice is given or such other period as may be prescribed. (6) In this section the “relevant period” means— (a) the period of 21 days beginning with the day on which the transfer certificate and transfer report is given to the local authority or such other period as may be prescribed, or (b) such longer period as is determined in accordance with subsection (7). (7) Where— (a) a local authority requires a registered building control approver to give information to the local authority under subsection (4), and (b) the day by which the information is required to be given would (but for this subsection) fall within the final seven days of the relevant period or would fall outside the relevant period, the relevant period is to be extended to the end of the period of seven days beginning with the day after the day by which the information is required to be given. (8) Where a local authority requires a registered building control approver to give information to the local authority under subsection (4), the local authority must give a copy of the notice to the person shown in the initial notice as the person intending to carry out the work. (53D) (1) This section applies where— (a) a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases), and (b) the notice is accepted by the local authority. (2) If, at a time when the initial notice is in force— (a) the registered building control approver does not give the local authority a transfer certificate and transfer report in accordance with section 53B(3), or (b) the local authority rejects the transfer certificate and transfer report in accordance with section 53C, the local authority must cancel the initial notice by notice in the prescribed form given to the registered building control approver and the person shown in the initial notice as the person intending to carry out the work. (3) The person carrying out or intending to carry out the work to which the initial notice relates may, at a time— (a) when the initial notice is in force, and (b) before the local authority accepts or rejects the transfer certificate and report in accordance with section 53C, cancel the initial notice by notice in the prescribed form given to the local authority and, if it is practicable to do so, to the registered building control approver. (4) A notice under subsection (2) or (3) has the effect of cancelling the initial notice to which it relates with effect from the day on which the notice is given. (5) Where an initial notice ceases to be in force by virtue of subsection (2) or (3), a new initial notice may not, except in prescribed circumstances, be given in relation to any of the work to which the cancelled notice related. (6) Where an initial notice ceases to be in force by virtue of subsection (2) or (3)— (a) for the purpose of enabling the local authority to perform the functions referred to in section 48(1) in relation to any part of the work, building regulations may require the local authority to be provided with plans that relate to that part of the work, and (b) section 53(5) applies in relation to the notice as it applies in relation to an initial notice that ceases to be in force as referred to in section 53(1). (7) This section is without prejudice to any other provisions of this Part relating to when an initial notice ceases to be in force. (53E) (1) This section applies where— (a) a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases), and (b) the notice is accepted by the local authority. (2) During the period in respect of which— (a) the notice is in force, but (b) a transfer certificate and a transfer report have not been accepted by the local authority, the registered building control approver may not exercise the relevant functions. (3) In this section the “relevant functions” are the functions of a registered building control approver under, or under regulations made under— (a) section 50 (plans certificates); (b) section 51 (final certificates); (c) section 51A (amendment notices).

(ib) it is cancelled by a notice under section 53D, or

;

(8) This section is subject to sections 53 and 53B (new initial notices).

or (c) a transfer certificate and a transfer report,

;

Information gathering

52

(4A) For the purpose of enabling the local authority to perform the functions referred to in section 48(1), the local authority may by notice require the person shown in the initial notice as the registered building control approver to give the local authority— (a) any information the authority would have obtained if the authority had performed the function of enforcing building regulations in relation to the work to which the initial notice relates during the period in which the initial notice was in force, and (b) any other information the local authority may reasonably require. (4B) Where a person is required to give information under subsection (4A), the information must be given before the end of the prescribed period. (4C) The person shown in the initial notice as the registered building control approver (the “outgoing approver”) must, before the end of the prescribed period, give the person carrying out or intending to carry out the work to which the initial notice relates— (a) any information given to a local authority under subsection (4A), (b) any other information that the outgoing approver obtained or created in relation to the work during the period in which the initial notice was in force, and (c) any other information that the person carrying out or intending to carry out the work may by notice reasonably require for the purpose of enabling a person other than the outgoing approver to perform the functions referred to in section 48(1) in relation to the work. (4D) A notice under subsection (4C)(c)— (a) may only require information to be given in relation to work carried out during the period in which the initial notice was in force; (b) may require information to be provided in a specified format.

(aa) fails without reasonable excuse to comply with a requirement under section 53(4A) to give information, or

.

Information

53

(56A) (1) The regulator must establish and maintain a facility (the “facility”) to enable a specified person to give specified relevant information to another person by electronic communication. (2) The Secretary of State may by regulations require or authorise a specified person to use the facility when giving specified relevant information to another person. (3) Any information given to a person in accordance with regulations made under subsection (2) is to be treated for the purposes of section 56B (requirement to keep register) as also having been given to the regulator. (4) Regulations under this section may require a person who is given specified relevant information otherwise than through the facility to give that information to the regulator using the facility. (5) Regulations under this section may make provision treating specified relevant information that is given using the facility as having been given in the prescribed form for the purposes of this Part. (6) In this section— - “relevant information” means information that is required or authorised to be given by this Part or regulations made under it; - “specified” means specified in regulations made by the Secretary of State under this section. (7) In this section and section 56B— - “information” includes documents; - “documents” includes notices, certificates, orders, consents, demands and plans. (8) The Secretary of State may make regulations under this section only in relation to England. (56B) (1) The regulator must keep a register of specified relevant information. (2) The information that may be specified for the purposes of subsection (1) includes in particular information given, or treated as having been given, to the regulator using the facility established under section 56A(1). (3) The regulator— (a) must maintain the register in electronic form; (b) must ensure that any specified parts of the register are available for inspection by members of the public; (c) must, in specified circumstances, provide to members of the public, on request, copies of information kept in the register. (4) In this section— - “relevant information” means information that is required or authorised to be given by this Part or regulations made under it; - “specified” means specified in regulations made by the Secretary of State under this section. (5) The Secretary of State may make regulations under this section only in relation to England. (56C) (1) The regulator may by written notice delegate to a person, to such extent and subject to such conditions as the regulator considers appropriate, the functions conferred on the regulator by— (a) section 56A(1); (b) section 56B(1) and (3) (including the ability to charge fees in connection with the exercise of those functions). (2) In subsection (1) “fees” means fees that are prescribed by, or determined by the regulator in accordance with, regulations under section 105B. (3) The regulator may delegate different functions to different persons under subsection (1). (4) The regulator may delegate functions under subsection (1) only with the consent of the Secretary of State. (5) The regulator may revoke a delegation of functions to a person by giving a written notice to the person. (6) The regulator may revoke a delegation under subsection (5) only with the consent of the Secretary of State. (7) Schedule 3 to the Building Safety Act 2022 (information sharing) applies as if references to the regulator included references to a person to whom the regulator has delegated functions under subsection (1)(b).

(4) On an appeal under subsection (1), the local authority must give the specified information to the regulator. (5) In this section “specified” means specified in regulations made by the Secretary of State under this section. (6) The Secretary of State may make regulations under this section only in relation to England.

Miscellaneous and general

Functions under Part 3 of Building Act 1984

54

In the Building Act 1984 after section 90 insert—

(90A) (1) The Secretary of State may by regulations provide that in specified cases, a specified function under this Part of local authorities in England is to be a function of the regulator instead of, or in addition to, the local authority in question. (2) The Secretary of State may by regulations provide that in specified cases, a relevant authority proposing to exercise a specified function under this Part must notify a specified relevant authority of specified matters. (3) The notification must be made in the specified way and by the specified time. (4) In this section— - “relevant authority” means the regulator or a local authority for an area in England; - “specified” means specified by regulations under this section.

Minor and consequential amendments

55

Schedule 5 contains—

Appeals

56

Schedule 6 makes provision about appeals under the Building Act 1984, including provision providing for—

Fees and charges

57

In the Building Act 1984 after section 105A (inserted by paragraph 29 of Schedule 6) insert—

(105B) (1) The appropriate national authority may by regulations make provision authorising a relevant authority— (a) to charge fees, and (b) to recover charges, for or in connection with the performance of any of its functions under, or under an instrument made under, this Act. (2) The regulations may— (a) prescribe a fee or charge, or (b) provide for the amount of any fee or charge to be determined by the relevant authority in accordance with the regulations; and may make provision about the effect of failing to pay a fee or charge in accordance with the regulations. (3) The regulations may in particular— (a) provide that the amount of any charge is to be determined by the relevant authority in accordance with a scheme made and published by it, and (b) make provision about such schemes, including the principles to be embodied in such schemes. (4) In this section “relevant authority” means— (a) in relation to England, the regulator or a local authority for an area in England; (b) in relation to Wales, the Welsh Ministers or a local authority for an area in Wales.

Levy on applications for building control approval etc

58

In the Building Act 1984 after section 105B (inserted by section 57) insert—

(105C) (1) The Secretary of State may by regulations make provision for and in connection with the imposition, in respect of relevant applications or notices or specified descriptions of relevant applications or notices, of a levy for the purpose of meeting any building safety expenditure. (2) The levy is payable to the Secretary of State or a person designated by the Secretary of State. (3) The regulations may in particular make provision about— (a) the amount of the levy; (b) the person by whom it must be paid; (c) when the levy must be paid; (d) the provision of information or documents to, or by, the Secretary of State or designated person; (e) the consequences of a failure to pay the levy in accordance with the regulations; (f) the determination of disputes (including provision conferring a right to appeal to the tribunal and provision about appeals). (4) The different provision that may be made by the regulations by virtue of section 120A(2)(b) includes in particular different provision in relation to— (a) persons who are eligible to be members of a building industry scheme and are not members of that scheme, and (b) other persons. (5) The regulations may contain exemptions, for specified descriptions of person. (6) The regulations may provide that, unless the building control authority is given a notification under subsection (7) in relation to a relevant application or notice (or a relevant application or notice of a specified description), the authority— (a) may not take a specified step in relation to the application or notice (for example, may not grant an application, accept a notice or give a specified certificate in relation to works connected with the application or notice), or (b) must take a specified step in relation to the application or notice (for example, must reject a notice). (7) A notification under this section is a notification given by the Secretary of State or designated person— (a) that the levy payable in respect of the application or notice has been paid, or (b) that no levy is payable in respect of the application or notice. (8) The regulations must provide for any amount received by a designated person by way of a levy to be paid to the Secretary of State, subject to retention of an amount, determined by or in accordance with the regulations, in respect of the costs of administering the levy. (9) A designation under this section must be published in such way as the Secretary of State considers appropriate. (10) In this section “relevant application or notice” means— (a) an application for building control approval, (b) an initial notice, (c) an amendment notice, or (d) a public body’s notice, relating to a relevant building or proposed relevant building (including any such application or notice relating to work that causes a building to become a relevant building or causes a relevant building to cease to be such a building). (11) In this section— - “amendment notice, “initial notice” and “public body’s notice” have the same meaning as in Part 2 (see section 58); - “building industry scheme” means a scheme established under section 126 of the Building Safety Act 2022; - “building safety expenditure” means expenditure incurred by the Secretary of State (whether before or after the passing of this Act) in providing financial assistance to persons (whether by way of grant, loan or otherwise) for the purposes of enabling them to improve the safety of persons in or about buildings in England; - “relevant building” means a building in England consisting of or containing— one or more dwellings, or other accommodation, (and “accommodation” here includes temporary accommodation, for example in a hotel or hospital); - “specified” means specified in the regulations.

Crown application

59

In Part 5 of the Building Act 1984 before section 132 insert—

(131A) (1) The following provisions bind the Crown— (a) Part 1 except sections 35B to 37, 39A and 40; (b) Part 2; (c) Part 2A except sections 58I to 58K, 58U, 58V and 58Z4 to 58Z6; (d) Part 4 so far as it relates to a provision within any of the preceding paragraphs. (2) No contravention by the Crown of a provision within subsection (1)(a) to (d) makes the Crown criminally liable. (3) Subsection (2) does not affect the criminal liability of persons in the service of the Crown. (4) Subsection (5) applies where— (a) a contravention of a provision within subsection (1)(a) or (b), or of Part 4 so far as it relates to such a provision, occurs in relation to a building or proposed building for which a local authority is the building control authority, or (b) a contravention of a provision within subsection (1)(c), or of Part 4 so far as it relates to such a provision, occurs in relation to Wales, and the Crown would, but for subsection (2), be criminally liable under this Act in respect of the contravention. (5) The High Court may, on the application of— (a) the local authority (in a case within subsection (4)(a)), or (b) the Welsh Ministers (in a case within subsection (4)(b)), declare unlawful the act or omission constituting the contravention. (6) In this section a reference to a provision includes any instrument made under it. (7) For the application to the Crown of Part 3, and Part 4 so far as it relates to that Part, see section 87.

Application to Parliament

60

(5) This section does not apply in relation to the Parliamentary Estate (as defined by section 131B).

(131B) (1) In their application in relation to the Parliamentary Estate, Parts 1 and 2, and Part 4 so far as it relates to those Parts, have effect with the following modifications— (a) sections 35B to 37, 39A and 40 (enforcement etc) do not apply; (b) any reference to the owner or occupier of a building or of any premises is be read as a reference to— (i) the Corporate Officer of the House of Lords, (ii) the Corporate Officer of the House of Commons, or (as the case may be) (iii) the Corporate Officers acting jointly. (2) In the following provisions— - “Corporate Officer” means— the Corporate Officer of the House of Lords, the Corporate Officer of the House of Commons, or the Corporate Officers acting jointly; - “relevant provision” means— any provision of, or of an instrument made under, Part 1 or 2, or any provision of Part 4 or of an instrument made under Part 4, so far as the provision relates to Part 1 or 2. (3) No contravention by a Corporate Officer of a relevant provision 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) Where a contravention of a relevant provision occurs which, but for subsection (3), would result in a Corporate Officer being criminally liable, the High Court may, on the application of the local authority, declare unlawful the act or omission constituting the contravention. (6) In this section “the Parliamentary Estate” means any building or other premises occupied for the purposes of either House of Parliament.

Part 4 — Higher-risk buildings

Introduction

Overview of Part

61

and provide that the First-tier Tribunal may determine who is an accountable person or the principal accountable person for a higher-risk building;

Meaning of “building safety risk”

Meaning of “building safety risk”

62

Recommendations about regulations under section 62

63

Advice about regulations under section 62

64

Where the Secretary of State asks the regulator to provide advice about a proposal to make regulations under section 62, it must provide that advice.

Meaning of “higher-risk building”

Meaning of “higher-risk building” etc

65

Regulations under section 65: procedure

66

Regulations under section 65: additional procedure in certain cases

67

the cost-benefit analysis need not estimate them, but must include a statement of the Secretary of State’s opinion and an explanation of it.

Modification of Part in relation to certain kinds of higher-risk building

68

Recommendations about definition of “higher-risk building” etc

69

Advice about definition of “higher-risk building” etc

70

it must make a recommendation to the Secretary of State to that effect.

Meaning of “accountable person” and other key definitions

Meaning of “occupied” higher-risk building etc

71

Meaning of “accountable person”

72

This subsection is subject to subsection (5) (special rule for commonhold land).

Meaning of “principal accountable person”

73

Part of building for which an accountable person is responsible

74

In this Part, any reference to the part of a higher-risk building for which an accountable person is responsible is to such part of the building (including all of it) as is determined by or in accordance with regulations.

Determinations by the tribunal

75

Registration and certificates

Requirement for completion certificate before occupation

76

Occupation: registration requirement

77

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

Registration of higher-risk buildings

78

Occupied building: duty to apply for building assessment certificate

79

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

Applications for building assessment certificates

80

Building assessment certificates

81

Duty to display building assessment certificate etc

82

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

Duties relating to building safety risks

Assessment of building safety risks

83

Management of building safety risks

84

Safety case report

85

Notification and provision of report to the regulator

86

Duties relating to information and documents

Mandatory reporting requirements

87

Keeping information about higher-risk buildings

88

Provision of information etc to the regulator, residents and other persons

89

Provision of information etc on change in accountable person

90

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

Engagement with residents etc

Residents’ engagement strategy

91

Requests for further information

92

makes a request to an accountable person for the building to give them prescribed information or a copy of a prescribed document.

Complaints procedure operated by principal accountable person

93

Complaints procedure operated by the regulator

94

Residents' etc duties

Duties on residents and owners

95

Contravention notices

96

“Specified” here means specified in the order.

Access to premises

97

Enforcement

Duty on regulator to enforce Part

98

The regulator must enforce the provisions of this Part and regulations made under it.

Compliance notices

99

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

Compliance notices: supplementary

100

Offence: contravention giving rise to risk of death and serious injury

101

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

Special measures

Special measures

102

Schedule 7 provides for the appointment of a special measures manager, to undertake duties under this Part in place of an accountable person, and makes further provision in connection with that appointment.

Appeals etc

Appeals against compliance notice etc

103

Appeals against decisions of the regulator made under this Part

104

Appeals against decisions of the regulator made under regulations

105

Appeals: supplementary

106

Enforcement of decisions of the First-tier and Upper Tribunal

107

Miscellaneous and general

Guidance

108

Cooperation and coordination

109

Managers appointed under Part 2 of the Landlord and Tenant Act 1987

110

(2ZB) Subsection (2)(a) does not apply in respect of a breach of a building safety obligation by an accountable person for a higher-risk building. (2ZC) In this section— - “accountable person” has the meaning given in section 72 of the Building Safety Act 2022; - “building safety obligation” means an obligation of an accountable person under Part 4 of the Building Safety Act 2022 or regulations made under that Part; - “higher-risk building” has the meaning given in section 65 of the Building Safety Act 2022.

(2E) An order under this section may not provide for a manager to carry out a function in relation to a higher-risk building where Part 4 of the Building Safety Act 2022 or regulations made under that Part provide for that function to be carried out by an accountable person for that building.

Building safety directors of resident management companies

111

Landlord and tenant etc

Implied terms in leases and recovery of safety related costs

112

(30C) (1) This section applies to a lease of premises which consist of or include a dwelling in a higher-risk building. (2) In the lease there is implied a covenant by the landlord— (a) where the landlord is an accountable person for the higher-risk building, to comply with their building safety duties; (b) to cooperate with any person in connection with a relevant person complying with their building safety duties; (c) where a special measures order in relation to the higher-risk building is in force, to comply with that order so far as it relates to the landlord. (3) In the lease there is implied a covenant by the tenant— (a) to allow the landlord, a relevant person or a person authorised in writing by the landlord or a relevant person to enter the premises for a relevant building safety purpose; (b) where the tenant is a resident of the higher-risk building, to comply with their duties under sections 95 and 97 of the Building Safety Act 2022; (c) where a special measures order in relation to the higher-risk building is in force, to comply with that order so far as it relates to the tenant. (4) In the covenant implied by subsection (2)(b), “cooperate”, in relation to a person, includes— (a) taking any steps which are reasonably required by the person to facilitate compliance by a relevant person with their building safety duties; (b) where the person is a relevant person (or a person authorised in writing by a relevant person), providing any information (including names and contact details of residents and tenants of the premises) to the person which is reasonably required in connection with the relevant person complying with their building safety duties. (5) In the covenant implied by subsection (3)(a), a relevant building safety purpose means— (a) inspecting the premises in connection with a relevant person complying with their building safety duties; (b) carrying out works to the premises, where such works are required to be carried out in connection with a relevant person complying with their building safety duties; (c) accessing a part of the higher-risk building that is not let to the tenant in order to— (i) inspect that part of the building in connection with a relevant person complying with their building safety duties; (ii) carry out works to that part of the building, where such works are required to be carried out in connection with a relevant person complying with their building safety duties. (6) The covenant implied by subsection (3)(a) requires entry to the premises to be allowed— (a) only at reasonable times, and (b) only if the tenant has been given at least 48 hours’ notice in writing. (7) Except as provided by subsection (8), the disclosure of information in accordance with subsections (2)(b) and (4)(b) does not breach— (a) any obligation of confidence owed by the landlord in relation to that information; (b) any other restriction on the disclosure of information (however imposed). (8) Subsections (2)(b) and (4)(b) do not require 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 duty imposed by subsections (2)(b) and (4)(b)). (9) In this section— - “building safety duties”— in relation to an accountable person, means any duties of the accountable person under Part 4 of the Building Safety Act 2022, or regulations made under that Part of that Act; in relation to a special measures manager, means any duties of the manager included in the special measures order appointing the manager; - “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); - “relevant person” means— an accountable person for the higher-risk building; a special measures manager for the higher-risk building; - “resident” and “resident of a higher-risk building” have the same meaning as in Part 4 of the Building Safety Act 2022 (see section 71(3) and (4)(c) of that Act); - “works” includes alterations, improvements and installations. (30D) (1) This section applies to a relevant lease of premises which consist of or include a dwelling in a higher-risk building. (2) In this section “relevant lease”— (a) means a lease— (i) that is granted for a term certain of 7 years or more, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture, and (ii) under which the tenant is liable to pay a service charge (within the meaning of section 18), but (b) does not include a relevant social housing tenancy. (3) The relevant lease has effect— (a) as if the matters for which the service charge is payable under the lease included the taking of building safety measures by or on behalf of a relevant person (insofar as this would not otherwise be the case), and (b) where the lease contains different methods for apportioning different relevant costs (within the meaning of section 18), as if it provided for any costs for which the tenant is liable by virtue only of paragraph (a) to be apportioned in the same way as costs incurred in connection with insuring the building. (4) “Building safety measure” means any of the following— (a) applying for registration of a higher-risk building in accordance with section 78 of the Building Safety Act 2022; (b) applying for a building assessment certificate in accordance with section 79 of that Act; (c) displaying a building assessment certificate in accordance with section 82 of that Act; (d) assessing building safety risks in accordance with section 83 of that Act; (e) taking reasonable steps in accordance with section 84 of that Act (management of building safety risks), other than steps involving the carrying out of works as referred to in section 84(2); (f) preparing and revising a safety case report in accordance with section 85 of that Act; (g) notifying the regulator of a safety case report, and giving a copy of a safety case report to the regulator, in accordance with section 86 of that Act; (h) establishing and operating a mandatory occurrence reporting system, and giving information to the regulator, in accordance with section 87 of that Act; (i) keeping information and documents in accordance with section 88 of that Act; (j) giving information and documents to any person in accordance with section 89, 90 or 92 of that Act; (k) complying with any duty under section 91 of that Act (residents’ engagement strategy); (l) establishing and operating a system for the investigation of complaints in accordance with section 93 of that Act; (m) giving a contravention notice to a resident, and making an application to the county court, in accordance with section 96 of that Act; (n) making a request to enter premises, or making an application to the county court, in accordance with section 97 of that Act (access to premises). (5) For the purposes of this section any of the following incurred in connection with the taking of a building safety measure are to be regarded as incurred in taking the measure— (a) legal and other professional fees; (b) fees payable to the regulator; (c) management costs. (6) In this section— - “landlord” includes any person who has a right under the lease to enforce payment of a service charge (within the meaning of section 18); - “relevant person” means— if the landlord is an accountable person for the building, the landlord or a special measures manager for the building; otherwise, any superior landlord who is an accountable person for the building or a special measures manager for the building; - “relevant social housing tenancy” has the meaning given in section 132 of the Land Registration Act 2002; - “tenant” includes any person who has an obligation under the lease to pay a service charge (within the meaning of section 18). (7) The Secretary of State may by regulations made by statutory instrument amend subsection (4) so as to add, remove or modify a building safety measure. (8) The regulations may make incidental, transitional or saving provision. (9) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (30E) (1) This section applies to a lease of premises which consist of or include a dwelling in a higher-risk building if— (a) the landlord is an accountable person for the building, (b) the landlord is— (i) a resident management company within the meaning of section 111 of the Building Safety Act 2022, or (ii) an RTM company within the meaning of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage), and (c) the tenant is liable to pay a service charge. (2) The lease has effect— (a) as if it contained provision authorising the appointment of a person (whether or not a leaseholder or a resident of the building) as a director of the landlord for a building safety purpose, (b) as if the matters for which the service charge is payable under the lease included remunerating any director of the landlord appointed for a building safety purpose (insofar as this would not otherwise be the case), and (c) where the lease contains different methods for apportioning different relevant costs (within the meaning of section 18), as if it provided that any costs for which the tenant is liable by virtue only of paragraph (b) to be apportioned in the same way as costs incurred in connection with insuring the building. (3) In this section— - “building safety purpose” means the purpose of supporting the landlord in complying with its duties under Part 4 of the Building Safety Act 2022 or under regulations made under that Part; - “landlord” includes any person who has a right under the lease to enforce payment of a service charge; - “service charge” has the meaning given by section 18; - “tenant” includes any person who has an obligation under the lease to pay a service charge. (30F) (1) A covenant or agreement, whether contained in a lease to which section 30C (implied terms) applies or in an agreement collateral to such a lease, is void in so far as it purports— (a) to exclude or limit the obligations of the landlord or the tenant under section 30C, or (b) to authorise any forfeiture or impose on the tenant any penalty, disability or obligation in the event of the tenant enforcing or relying upon the obligations of the landlord. (2) A covenant or agreement, whether contained in a lease to which section 30D or 30E applies or in an agreement collateral to such a lease, is void insofar as it purports to modify the effect of section 30D(3) or 30E(2). (30G) The county court has jurisdiction to deal with any claim or other proceedings arising under or in connection with any of sections 30C to 30E (implied terms etc) notwithstanding that by reason of the amount of the claim or otherwise the case would not, apart from this section, be within the jurisdiction of the county court. (30H) In proceedings relating to a breach of a covenant in section 30C(2) or (3) (implied building safety terms), the court may order specific performance of the covenant— (a) notwithstanding any equitable rule restricting the scope of the remedy, whether on the basis of a lack of mutuality or otherwise, and (b) in the case of a breach of a covenant in section 30C(2) or (3)(b) or (c), whether or not the breach relates to a part of the higher-risk building let to the tenant. (30I) In sections 30C to 30H— - “accountable person” has the meaning given in section 115 of the Building Safety Act 2022; - “higher-risk building” has the meaning given in section 115 of that Act; - “lease” does not include a mortgage term; - “special measures manager” has the meaning given in paragraph 1 of Schedule 7 to the Building Safety Act 2022; - “special measures order” has the meaning given in paragraph 1 of Schedule 7 to that Act.

(20F) (1) This section applies in relation to a lease to which section 30D (higher-risk buildings: building safety costs) applies. (2) Excluded costs are not to be regarded as relevant costs to be taken into account in determining the amount of service charge payable by a tenant under the lease. (3) In this section “excluded costs” means any of the following incurred in connection with Part 4 of the Building Safety Act 2022 or regulations made under that Part— (a) costs incurred or to be incurred by or on behalf of a relevant person solely as a result of any penalty imposed or enforcement action taken by the regulator; (b) legal costs incurred or to be incurred by or on behalf of a relevant person in connection with special measures order proceedings; (c) costs incurred or to be incurred by or on behalf of a relevant person by reason of any negligence, breach of contract or unlawful act on the part of that relevant person or a person acting on their behalf; (d) costs of a description prescribed by regulations made by the Secretary of State that are incurred or to be incurred by or on behalf of an accountable person or special measures manager for the building in connection with the taking of building safety measures. (4) In this section— - “building safety measures” has the meaning given by section 30D; - “enforcement action” means action taken with a view to, or in connection with— securing compliance with Part 4 of the Building Safety Act 2022 or regulations made under that Part, or the imposition of a sanction in respect of a contravention of that Part or those regulations; - “the regulator” has the meaning given by section 115 of the Building Safety Act 2022; - “relevant person” means— where the landlord under the lease is an accountable person for the higher-risk building, the landlord or a special measures manager for the higher-risk building; where the landlord is not such an accountable person, any superior landlord who is an accountable person for the higher-risk building or a special measures manager for the higher-risk building; - “special measures order proceedings” means any proceedings relating to the making, variation or discharge of, or the giving of directions in relation to, a special measures order under Schedule 7 to the Building Safety Act 2022 (including any appeals in relation to such proceedings). (5) Regulations under this section are to be made by statutory instrument. (6) A power to make regulations includes power to make— (a) incidental, transitional or saving provision; (b) different provision for different purposes. (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(6A) In particular, regulations which make provision about higher-risk buildings (within the meaning of Part 4 of the Building Safety Act 2022) need not contain provision of a kind mentioned in subsection (2) or (3).

  • “services” includes, in relation to a dwelling in a higher-risk building (as defined by section 30I), building safety measures within the meaning of section 30D;

;

  • section 30C (implied terms relation to building safety),
  • section 30D (building safety costs),
  • section 30E (liability for remuneration of building safety director of resident management company etc).

Provision of building safety information

113

(47A) (1) Where premises to which this Part applies are premises in England which consist of or include a dwelling in a higher-risk building, any written demand given to a tenant of the premises must contain the relevant building safety information. (2) Where— (a) a tenant of such premises is given such a demand, but (b) the demand does not contain the relevant building safety information, any part of the amount demanded which consists of a service charge or an administration charge (“the relevant amount”) is to be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord gives the relevant building safety information to the tenant. (3) But the relevant amount is not to be so treated in relation to any time when— (a) by virtue of an order of any court or tribunal there is in force an appointment of a receiver or manager whose functions include the receiving of service charges or administration charges from the tenant, or (b) a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force. (4) In this section— - “demand” has the meaning given in section 47; - “higher-risk building” has the meaning given in section 115 of the Building Safety Act 2022; - “relevant building safety information” has the meaning given in section 49A.

(49A) (1) Where premises to which this Part applies are premises in England which consist of or include a dwelling in a higher-risk building, the landlord must give the tenant a notice containing the relevant building safety information. (2) Where a landlord fails to give a notice to a tenant in accordance with subsection (1), any rent, service charge or administration charge otherwise due from the tenant to the landlord is to be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord gives the notice to the tenant. (3) But any such rent, service charge or administration charge is not to be so treated in relation to any time when— (a) by virtue of an order of any court or tribunal there is in force an appointment of a receiver or manager whose functions include the receiving of rent, service charges or administration charges from the tenant, or (b) a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force. (4) The requirement to give a notice to a tenant under subsection (1) may be satisfied by giving the notice to them at a time when they are a prospective tenant. (5) In this section “relevant building safety information” means— (a) the fact that the premises consist of or include a dwelling in a higher-risk building; (b) the name of each person listed in subsection (6); (c) an email address and telephone number through which each person listed in subsection (6) may be contacted; (d) a postal address in England and Wales at which notices (including notices in proceedings) may be served by the tenant on the principal accountable person for the higher-risk building; (e) a postal address for the regulator; (f) such other information as may be prescribed in regulations made by the Secretary of State. (6) The persons are— (a) the principal accountable person for the higher-risk building; (b) any special measures manager for the higher-risk building; (c) the regulator. (7) In this section— - “higher-risk building” has the meaning given in section 115 of the Building Safety Act 2022; - “principal accountable person” has the meaning given in section 115 of that Act; - “the regulator” has the meaning given in section 115 of that Act; - “special measures manager” has the meaning given in paragraph 1 of Schedule 7 to that Act.

Commonholds

114

(faa) section 38A(1),

.

(4) A commonhold community statement for a higher-risk commonhold must make provision requiring the commonhold association to comply with its duties under Part 4 of the Building Safety Act 2022, or regulations made under that Part of the Act, in relation to each commonhold unit.

(2) A commonhold community statement for a higher-risk commonhold must make provision requiring the commonhold association to comply with its duties under Part 4 of the Building Safety Act 2022, or regulations made under that Part of that Act, in relation to the common parts.

(da) to give information; (db) to apply for grants or other funding;

.

(3) In subsection (1)(a) “expenses of the association” does not include building safety expenses of the association (within the meaning of section 38A).

(38A) (1) A commonhold community statement for a higher-risk commonhold must make provision— (a) requiring the directors of the commonhold association to make an annual estimate of the income required to be raised from unit-holders to meet the building safety expenses of the association, (b) enabling the directors of the commonhold association to make estimates from time to time of income required to be raised from unit-holders in addition to the annual estimate, (c) specifying the percentage of any estimate made under paragraph (a) or (b) which is to be allocated to each unit, (d) requiring each unit-holder to make payments in respect of the percentage of any estimate which is allocated to their unit, and (e) requiring the directors of the commonhold association to serve notices on unit-holders specifying payments required to be made by them and the date on which each payment is due. (2) For the purpose of subsection (1)(c)— (a) the percentages allocated by a commonhold community statement to the commonhold units must amount in aggregate to 100; (b) a commonhold community statement may specify 0 per cent in relation to a unit. (3) In this section— - “building safety expenses of the association” means the expenses incurred by the commonhold association or special measures manager for the higher-risk building in connection with taking measures that the association or manager is required or permitted to take under Part 4 of the Building Safety Act 2022, or regulations made under that Part of that Act; - “special measures manager” means a person appointed under paragraph 4 of Schedule 7 to the Building Safety Act 2022.

  • “higher-risk building” has the meaning given by section 115 of the Building Safety Act 2022,
  • “higher-risk commonhold” means a commonhold in England that includes all or any part of a higher-risk building,

.

Interpretation

Interpretation of Part 4

115

In this Part—

Part 5 — Other provision about safety, standards etc

Remediation of certain defects

Remediation of certain defects

116

Meaning of “relevant building”

117

This is subject to subsection (3).

Section 117: height of buildings and number of storeys

118

Meaning of “qualifying lease” and “the qualifying time”

119

Meaning of “relevant defect”

120

“The relevant period” here means the period of 30 years ending with the time this section comes into force.

Associated persons

121

Subsections (6) to (8) set out the cases in which a body corporate is regarded as controlling another body corporate.

or a firm or entity of a similar character formed under the law of a country or territory outside the United Kingdom (and the reference to “limited partner” is to be read accordingly).

Remediation costs under qualifying leases etc

122

Schedule 8—

Remediation orders

123

Remediation contribution orders

124

Meeting remediation costs of insolvent landlord

125

Section 124(4) applies for the purposes of this section.

Building industry schemes

Building industry schemes

126

including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.

and may provide for different categories of membership.

In paragraph (e) “conduct” includes conduct occurring before the coming into force of this section.

Building industry schemes: supplementary

127

Prohibitions on development and building control

Prohibition on development for prescribed persons

128

including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.

Building control prohibitions

129

including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.

Building liability orders

Building liability orders

130

Building liability orders: associates

131

Subsections (2) to (4) set out the cases in which a body corporate is regarded as controlling another body corporate.

Order for information in connection with building liability order

132

Remediation and redress: other provisions

Service charges in respect of remediation works

133

(5A) And in the case of works to which section 20D applies, regulations under subsection (4) may also include provision requiring the landlord— (a) to give details of the steps taken or to be taken under section 20D(2), (b) to give reasons about prescribed matters, and any other prescribed information, relating to the taking of such steps, and (c) to have regard to observations made by tenants or the recognised tenants’ association in relation to the taking of such steps.

(20D) (1) This section applies to works of a prescribed description (“remediation works”) on a building in England of a prescribed description. (2) The landlord must— (a) take reasonable steps to ascertain whether any grant is payable in respect of the remediation works and, if so, to obtain the grant; (b) take reasonable steps to ascertain whether monies may be obtained from a third party in connection with the undertaking of the remediation works and, if so, to obtain monies from the third party; (c) take prescribed steps relating to any other prescribed kind of funding. (3) In subsection (2)(b) the reference to obtaining monies from a third party includes obtaining monies— (a) under a policy of insurance; (b) under a guarantee or indemnity; (c) pursuant to a claim made against— (i) a developer; (ii) a person involved in the design of the building or of works to the building; or (iii) a person involved in carrying out works in relation to the building. (4) Where any funding of a kind mentioned in subsection (2) is obtained, the amount of the funding is to be deducted from the remediation costs (and the amount of any service charge is to be reduced accordingly). (5) In the case of a failure to comply with subsection (2), a tenant may make an application for an order that all or any of remediation costs are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by— (a) the tenant, or (b) anyone else specified in the application. (6) An application is to be made to the prescribed court or tribunal. (7) The court or tribunal to which the application is made may make such order on the application as it considers just and equitable in the circumstances. (8) Nothing in this section requires the landlord to do anything mentioned in subsection (2) before carrying out remediation works. (9) The Secretary of State may issue guidance about the taking of steps under subsection (2), and may revise or withdraw any issued guidance. (10) Where on an application under this section it is alleged that a person failed to comply with subsection (2)— (a) proof of a failure to comply with any applicable guidance may be relied on as tending to establish that there was such a failure, and (b) proof of compliance with any applicable guidance may be relied on as tending to establish that there was no such failure. (11) In this section— - “developer”, in relation to a building, means a person who undertakes or commissions the construction or conversion of the building with a view to granting or disposing of interests in the building (or parts of it); - “prescribed” means prescribed by regulations made by the Secretary of State; - “remediation costs” means costs incurred or to be incurred in carrying out the remediation works; - “third party” means a person other than a tenant. (20E) (1) In this section “regulations” means regulations under section 20D. (2) Regulations are to be made by statutory instrument. (3) A power to make regulations includes power to make— (a) incidental, transitional or saving provision; (b) different provision for different purposes. (4) A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

Duties relating to work to dwellings etc

134

(2A) (1) This section applies where a person, in the course of a business, takes on work in relation to any part of a relevant building. (2) In this section “relevant building” means a building consisting of or containing one or more dwellings. (3) The person owes a duty to— (a) the person for whom the work is done, and (b) each person who holds or acquires an interest (whether legal or equitable) in a dwelling in the building, to see that the work is done in a workmanlike or (as the case may be) professional manner, with proper materials and so that as regards the work the dwelling is fit for habitation when the work is completed. (4) The duty under this section does not apply in relation to a dwelling if— (a) the work taken on is work for or in connection with the provision of the dwelling (as to which see section 1), or (b) it is expected that, on completion of the work, it will have ceased to be a dwelling or will otherwise have ceased to exist. (5) A person (A) who takes on any work to which this section applies for another (B) on terms that A is to do it in accordance with instructions given by or on behalf of B is, to the extent to which A does it properly in accordance with those instructions, to be treated for the purposes of this section as discharging the duty imposed on A by this section except where A owes a duty to B to warn B of any defects in the instructions and fails to discharge that duty. (6) A person is not treated for the purposes of subsection (5) as having given instructions for the doing of work merely because the person has agreed to the work being done in a specified manner, with specified materials or to a specified design. (7) A person who, in the course of a business which consists of or includes carrying out or arranging for the carrying out of work of a kind mentioned in subsection (1), arranges for another to take on work of that kind is treated for the purposes of this section as included among the persons who have taken on the work. (8) For the purposes of the Limitation Act 1980, a cause of action in respect of a breach of a duty imposed by this section is treated as accruing at the time the work is completed; but if after that time a person does further work to rectify the work the person has already done, any such cause of action in respect of that further work is treated as accruing at the time when the further work is finished.

Limitation periods

135

(4B) (1) Where by virtue of a relevant provision a person becomes entitled to bring an action against any other person, no action may be brought after the expiration of 15 years from the date on which the right of action accrued. (2) An action referred to in subsection (1) is one to which— (a) sections 1, 28, 32, 35, 37 and 38 apply; (b) the other provisions of this Act do not apply. (3) In this section “relevant provision” means— (a) section 1 or 2A of the Defective Premises Act 1972; (b) section 38 of the Building Act 1984. (4) Where by virtue of section 1 of the Defective Premises Act 1972 a person became entitled, before the commencement date, to bring an action against any other person, this section applies in relation to the action as if the reference in subsection (1) to 15 years were a reference to 30 years. (5) In subsection (4) “the commencement date” means the day on which section 135 of the Building Safety Act 2022 came into force.

section 4B of the Limitation Act 1980 (inserted by subsection (1)) has effect as if it provided that the action may not be brought after the end of the initial period.

New homes ombudsman scheme

Costs contribution orders: general definitions

136

The new homes ombudsman scheme

137

“Relevant owner”, “new build home” and “developer”

138

with a view to granting, or disposing of, a relevant interest in land that includes the home or, in a case falling within sub-paragraph (iii), any of the homes, or

Regulations under section 138

139

(For regulations under section 138(7)(b) made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

Power to require persons to join scheme and to provide information

140

In this subsection, “developer” has the meaning given in section 138 and “specified” means specified in the regulations.

Register of members

141

Developers’ code of practice

142

Amendment of the Government of Wales Act 2006

143

In Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru), in paragraph 10(2), at the end insert—

(o) the new homes ombudsman.

New build home warranties

New build home warranties

144

“Specified” here means specified in the arrangement.

New build home warranties: financial penalties

145

Construction products

Construction products

146

Schedule 11 contains provision for regulations relating to construction products.

Liability relating to construction products

Liability relating to construction products: general definitions

147

In this section, section 148 and section 149—

Liability relating to construction products

148

Liability for past defaults relating to cladding products

149

Liability relating to construction products: limitation in England and Wales

150

In the Limitation Act 1980, after section 10A insert—

(10B) (1) An action under section 148 of the Building Safety Act 2022 shall not be brought after the expiration of 15 years from the date on which the right of action accrued. (2) An action under section 149 of the Building Safety Act 2022 shall not be brought after— (a) if the right of action accrued before the commencement date, the expiration of the period of 30 years from the date on which it accrued, and (b) if the right of action accrued on or after the commencement date, the expiration of the period of 15 years beginning with the date on which it accrued. (3) In a case where— (a) a right of action under section 149 of the Building Safety Act 2022 accrued before the commencement date, and (b) the expiration of the period of 30 years beginning with the date on which the right of action accrued falls in the year beginning with the commencement date, subsection (2)(a) has effect as if it referred to the expiration of that year. (4) In subsections (2) and (3) “the commencement date” is the day on which section 149 of the Building Safety Act 2022 came into force. (5) No other period of limitation prescribed by Part 1 of this Act applies in relation to an action referred to in subsections (1) and (2). (6) Sections 28, 32 and 35 of this Act apply in relation to an action referred to subsections (1) and (2), but otherwise Parts 2 and 3 of this Act (except sections 37 and 38) do not apply for the purposes of this section.

Liability relating to construction products: limitation in Scotland

151

(18ZD) (1) An action under section 148 of the Building Safety Act 2022 may not be brought after the expiration of 15 years from the date on which the right of action accrued (see subsection (8) of that section). (2) An action under section 149 of the Building Safety Act 2022 may not be brought after— (a) if the right of action accrued before the commencement date, the expiration of the period of 30 years from the date on which it accrued (see subsection (8) of that section), and (b) if the right of action accrued on or after the commencement date, the expiration of the period of 15 years beginning with the date on which it accrued. (3) In a case where— (a) a right of action under section 149 of the Building Safety Act 2022 accrued before the commencement date, and (b) the expiration of the period of 30 years beginning with the date on which the right of action accrued falls in the year beginning with the commencement date, subsection (2)(a) has effect as if it referred to the expiration of that year. (4) In subsections (2) and (3) “the commencement date” is the day on which section 149 of the Building Safety Act 2022 came into force. (5) No other period of limitation specified by this Part of this Act applies in relation to an action referred to in subsection (1) or (2). (6) In the computation of a period of time specified in subsection (1) or (2), there is to be disregarded any time during which the person seeking to bring the action (P)— (a) was under a legal disability by reason of nonage or unsoundness of mind, or (b) failed to bring the action by reason of— (i) fraud on the part of the person against whom the action is to be brought (D) or the part of any person acting on D’s behalf, or (ii) error induced by words or conduct of D or any person acting on D’s behalf, (but not including, for the purposes of paragraph (b), any time occurring after P could with reasonable diligence have discovered the fraud or error mentioned in that paragraph). (7) For the purposes of subsection (6)(b), it does not matter whether D, or the person acting on D’s behalf, intended the fraud or the words or conduct to cause P to fail to bring the action.

(gb) to any obligation to pay damages arising from liability under section 148 or 149 of the Building Safety Act 2022;”.

Construction products: costs contribution orders

Costs contribution orders: general definitions

152

In this section and sections 153 to 155—

Costs contribution orders made by courts

153

Costs contribution orders made by the Secretary of State

154

Short title

155

Fire safety

Amendment of Regulatory Reform (Fire Safety) Order 2005

156

(9A) (1) The responsible person must not appoint a person to assist them with making or reviewing an assessment under article 9 unless that person is competent. (2) A person is to be regarded as competent for the purposes of this article where the person has sufficient training and experience or knowledge and other qualities to enable the person properly to assist in making or reviewing the assessment. (3) Where the responsible person appoints more than one person, the responsible person must make arrangements for ensuring adequate co-operation between them.

(21A) (1) This article applies in relation to a building containing two or more sets of domestic premises. (2) The responsible person must give residents of the domestic premises comprehensible and relevant information about the relevant fire safety matters. (3) The relevant fire safety matters are— (a) the risks to residents of the domestic premises identified by the risk assessment; (b) the preventive and protective measures; (c) the name of the responsible person and an address in the United Kingdom at which the responsible person, or someone acting on their behalf, will accept notices and other documents; (d) the identity of any person appointed by the responsible person to assist them with making or reviewing an assessment under article 9; (e) the identity of any persons nominated by the responsible person under article 13(3)(b); (f) any risks of which the responsible person has been informed under article 22(1)(c); (g) any other matters specified in regulations made by the relevant authority. (4) The information is to be provided at such times, and in such form, as may be specified in regulations made by the relevant authority. (5) The responsible person must keep records of the relevant fire safety matters. (6) The “relevant authority”— (a) in relation to premises in England, means the Secretary of State; (b) in relation to premises in Wales, means the Welsh Ministers. (7) Regulations under this article are to be made by statutory instrument. (8) A statutory instrument containing regulations made by the Secretary of State under this article is subject to annulment in pursuance of a resolution of either House of Parliament. (9) A statutory instrument containing regulations made by the Welsh Ministers under this article is subject to annulment in pursuance of a resolution of Senedd Cymru.

(A1) A person who is a responsible person in relation to any premises must take such steps as are reasonably practicable to ascertain whether any other responsible person shares, or has duties in respect of, the premises.

;

(za) inform the other responsible persons concerned of that person’s name and an address in the United Kingdom at which that person, or someone acting on their behalf, will accept notices and other documents; (zb) inform the other responsible persons concerned of the part of the premises for which that person considers themselves to be a responsible person, and keep a record of that information;

.

(22A) (1) Paragraph (2) applies where a person (the “outgoing person”) ceases to be a responsible person for premises and another person (the “new responsible person”) becomes a responsible person for the premises in place of the outgoing person. (2) The outgoing person must give the new responsible person any relevant fire safety information held by the outgoing person. (3) “Relevant fire safety information” means— (a) records kept under article 9(6) of assessments and reviews under article 9; (b) the identity of any person appointed by the responsible person to assist them with making or reviewing an assessment under article 9; (c) the name of any other person who is a responsible person in relation to the premises and an address in the United Kingdom at which that person, or someone acting on their behalf, will accept notices and other documents (where known); (d) where the premises consist of or include a higher-risk building, the identity of any other person who is an accountable person in relation to the premises (where known); (e) any information given under regulation 38 of the Building Regulations 2010 (S.I. 2010/2214) (fire safety information); (f) any other matters specified in regulations made by the relevant authority. (4) The information is to be provided at such times, and in such form, as may be specified in regulations made by the relevant authority. (5) A responsible person must keep records of relevant fire safety information. (6) In this article— - “accountable person” has the meaning given by section 72 of the Building Safety Act 2022; - “higher-risk building” has the meaning given by section 65 of that Act; - “relevant authority”— in relation to premises in England, means the Secretary of State; in relation to premises in Wales, means the Welsh Ministers. (7) Regulations under this article are to be made by statutory instrument. (8) A statutory instrument containing regulations made by the Secretary of State under this article is subject to annulment in pursuance of a resolution of either House of Parliament. (9) A statutory instrument containing regulations made by the Welsh Ministers under this article is subject to annulment in pursuance of a resolution of Senedd Cymru. (22B) (1) This article applies in relation to premises which consist of or include a residential unit in a higher-risk building. (2) The responsible person (“P”) must take such steps as are reasonably practicable to ascertain whether there are one or more other persons who are accountable persons in relation to the premises. (3) If there are, P must co-operate with each accountable person for the purpose of the accountable person carrying out their duties under the Building Safety Act 2022. (4) In this article— - “accountable person” has the meaning given by section 72 of the Building Safety Act 2022; - “higher-risk building” has the meaning given by section 65 of that Act; - “residential unit” has the meaning given by section 115 of that Act.

Architects

Architects: discipline and continuing professional development

157

(2A) The Register shall show disciplinary orders made in relation to a registered person for such period as may be prescribed.

(1A) Before prescribing recent practical experience or training for the purposes of subsection (1), the Board shall consult the bodies representative of architects which are incorporated by royal charter and such other professional and educational bodies as it thinks appropriate.

, and

(3) Where the Board decides that the name of a person to whom paragraph (b) of subsection (1) applies is by virtue of that subsection to be removed from Part 1 of the Register— (a) the person shall be entitled to apply to the Board within a prescribed period for an extension of time to gain the prescribed experience or undertake the prescribed training or to otherwise satisfy the Board of the person’s competence to practise, and (b) the Board shall not remove the name of the person from the Register unless— (i) the person has not made an application for an extension of time within the prescribed period, (ii) an extension of time granted by the Board has expired and the Board is not satisfied that the person has gained the prescribed experience or undertaken the prescribed training or is otherwise competent to practise, or (iii) the Board has decided not to grant an extension of time in respect of an application made by the person. (4) For the purposes of this section, a person is competent to practise if the person has the skills, knowledge, experience and behaviours required for a person to practise as an architect.

Architects: Appeals Committee

158

(2A) There is to be an Appeals Committee of the Board.

;

(4A) Part 2A of that Schedule makes provision about the Appeals Committee.

— (a) direct the Registrar to enter the person’s name in the Register if it is satisfied that the person is entitled to be registered, or (b) direct the Registrar to refuse the application if it is not so satisfied.

(2A) A notice under subsection (2) must state reasons for the decision.

(21A) (1) A person may appeal to the Appeals Committee against— (a) a decision to refuse the person’s application for registration, or (b) if the person is a person to whom paragraph (b) of section 9(1) applies, a decision to remove or not to re-enter the person’s name in the Register as a result of section 9(1). (2) The Board may make rules about appeals to the Appeals Committee, including in particular rules about— (a) the period within which any appeal must be made; (b) the way in which an appeal is to be made or withdrawn; (c) the fee that must be paid on the making of an appeal (including circumstances in which that fee may or must be refunded); (d) the procedure to be followed by the Appeals Committee in relation to an appeal; (e) the effect of the making of an appeal, pending its determination, on the decision appealed against. (3) On the determination of an appeal, the Appeal Committee may make any decision that could have been made by the person who made the decision appealed against. (4) The Appeals Committee must, within the prescribed period after determining a person’s appeal, serve on the person written notice of the decision made on that determination.

(a) a decision of the Appeals Committee under section 21A, on an appeal made by the person;

;

(c) the person’s name not being re-entered in the Register under section 18 as a result of section 9(1);

;

(17B) (1) The Board may make rules about— (a) the composition of the Appeals Committee; (b) the selection and term of office of members of the Appeal Committee (including casual vacancies); (c) the meetings and procedure (including chairing and quorum) of the Appeal Committee; (d) votes of the Appeal Committee (including providing for a casting vote and the way in which it is to be exercised). (2) Before making rules about the composition of the Appeals Committee, the Board must consult the Secretary of State.

Architects Registration Board: fees and discharge of functions by a committee

159

(24A) (1) The Secretary of State may make regulations for, and relating to, the charging of fees by the Board in respect of services which it provides. (2) Regulations under this section may in particular make provision about— (a) the services, or types of services, in respect of which the Board may charge a fee; (b) the persons who are liable to pay a fee; (c) how fees charged by the Board are to be calculated; (d) how fees charged by the Board are to be paid. (3) In this section, a “service”— (a) includes any exercise by the Board of its power to prescribe qualifications for the purposes of section 4(1)(a); (b) does not include any service in respect of which a fee may be prescribed under any other provision of this Act. (4) Regulations under this section are to be made by statutory instrument. (5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Housing complaints

Housing complaints made to a housing ombudsman

160

Part 6 — General

Liability of officers of body corporate etc

161

that person as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.

this section, so far as relating to Part 4, does not apply in relation to a director who is not entitled to remuneration from the relevant company.

Review of regulatory regime

162

Financial provisions

163

There is to be paid out of money provided by Parliament—

Crown application

164

Application to Parliament

165

Power of Secretary of State to make consequential provision

166

Power of Welsh Ministers to make consequential provision

167

Regulations

168

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

Extent

169

Commencement and transitional provision

170

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
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
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

Schedule 2

Entry to non-domestic premises without warrant

1

Entry to non-domestic premises with warrant

2

Entry to domestic premises (with warrant)

3

Power to require information, documents etc

4

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

Interpretation

7

Saving for material subject to legal professional privilege

8

Nothing in this Schedule confers power to—

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

Ombudsmen

3

Secretary of State

4

Police

5

Public authorities

6

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
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)—

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
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)—

14

In section 126 (general interpretation)—

  • “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

— (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
5

(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.

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

(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.

— (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.

(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

(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

(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
13
14

(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.

(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.

15

(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).

16
17

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

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
22
23
24
25

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

26
27
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) 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.

(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.

31

Omit section 35A.

32

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

;

(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.

(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

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

41

(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

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

43

In section 51B(1)—

44
45

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

46
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
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
  • “relevant authority” means a local authority or the regulator.
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, or this 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, or the 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
58

(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;

;

(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;

;

(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.

(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, or if 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

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

64

(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
67
68

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

69

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

70

(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

(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

(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
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

(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
  • “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;

.

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

(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.

(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).

84
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

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

90

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

(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

(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.

5

(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.

(b) on an appeal under section 50,

.

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

.

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”—

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—

24

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

25

(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).

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

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—

Notification by regulator before applying for special measures order

2

Meaning of “financial management proposal”

3

Special measures order

4

Special measures order: supplementary

5

Payments received by special measures manager to be held on trust

6

Effect of special measures order on relevant contracts and legal proceedings

7

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

8

(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

(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

Special measures order: further directions

11

Regulator to keep certain matters under review

12

Notification by regulator before applying to vary special measures order

13

Variation or discharge of special measures order

14

Notifications about special measures order

15

Special measures order: change in accountable person etc

16

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.

Interpretation

17

In this Schedule—

Schedule 8

Interpretation

1

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

2

No service charge payable if landlord meets contribution condition

3

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

No service charge payable where lease below certain value

4

Limit on service charge in other cases

5

does not exceed the permitted maximum.

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

Paragraph 5: the permitted maximum

6

Annual limit on service charges

7

does not exceed one tenth of the permitted maximum.

No service charge payable for cladding remediation

8

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

9

Paragraphs 2 to 4, 8 and 9: supplementary

10

No increase in service charge for other tenants

11

Where—

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

Recovery of service charge amounts from landlords

12

Presumption: qualifying lease

13

Presumptions relating to landlord under qualifying lease

14

Information from tenants

15

Information from landlords

16

“Specified” here means specified in the order.

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
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—

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—

7

The provision mentioned in paragraph 6(b)—

Complaints under the scheme: investigation and determination

8
9

The forms of redress are—

Enforcement of determinations

10

Making of recommendations

11

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—

Co-operation

14

Provision of information

15

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

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

;

(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.

3

or (d) the new homes ombudsman,

.

or (d) the new homes ombudsman,

;

4

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

(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
6

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

;

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

Schedule 11

Introductory

1

General safety requirements

2

Construction products with designated standards or technical assessments

3

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

4
5
6

Construction products regulations may—

7
8
9

Construction products regulations may include any provision—

Safety-critical products

10
11
12

Construction products regulations may—

13

Provision under paragraph 12(a) (imposition of requirements) may include any provision referred to in paragraph 7.

14

Enforcement

15

Costs

16

Information

17
18
19

General and supplementary

20
21
22

Procedure

23

Interpretation

24

In this Schedule—

Overview of Act

The building safety regulator

The regulator: objectives and regulatory principles

Duty to facilitate building safety: higher-risk buildings

Duty to keep safety and standard of buildings under review

Facilitating improvement in competence of industry and building inspectors

Proposals and consultation relating to regulations

Duty to establish system for giving of building safety information

Building Advisory Committee

Committee on industry competence

Residents’ panel

Committees: power to amend or repeal

Local authorities and fire and rescue authorities: assistance etc to regulator

FSO authorised persons: assistance etc to regulator

Provision of assistance etc: supplementary

Guidance about the provision of assistance

Strategic plan

Revised strategic plans

Annual report about information provided under mandatory reporting requirements

Statement of regulator’s engagement with residents etc

Report on certain safety-related matters

Authorised officers

Authorised officers: offences

Provision of false or misleading information to regulator

Review by regulator of certain decisions made by it

Right of appeal: requirement for review before appeal

Cooperation and information sharing

Fees and charges

Service of documents

Interpretation of Part 2

Higher-risk buildings etc

Building control authorities

Building regulations

Dutyholders and general duties

Industry competence

Lapse of building control approval etc

Determination of certain applications by Secretary of State or Welsh Ministers

Compliance and stop notices

Breach of building regulations

Liability of officers of body corporate etc

Revocation etc of certain provision made under section 2(2) of ECA 1972

Regulation of building control profession

Transfer of approved inspectors’ functions to registered building control approvers

Functions exercisable only through, or with advice of, registered building inspectors

Default powers of appropriate national authority

Higher-risk building work: registered building control approvers

Higher-risk building work: public bodies

Insurance: removal of requirements

Plans certificates

Cancellation of initial notice

New initial notices

Information gathering

Information

Functions under Part 3 of Building Act 1984

Minor and consequential amendments

Appeals

Fees and charges

Levy on applications for building control approval etc

Crown application

Application to Parliament

Overview of Part

Meaning of “building safety risk”

Recommendations about regulations under section 62

Advice about regulations under section 62

Meaning of “higher-risk building” etc

Regulations under section 65: procedure

Regulations under section 65: additional procedure in certain cases

Modification of Part in relation to certain kinds of higher-risk building

Recommendations about definition of “higher-risk building” etc

Advice about definition of “higher-risk building” etc

Meaning of “occupied” higher-risk building etc

Meaning of “accountable person”

Meaning of “principal accountable person”

Part of building for which an accountable person is responsible

Determinations by the tribunal

Requirement for completion certificate before occupation

Occupation: registration requirement

Registration of higher-risk buildings

Occupied building: duty to apply for building assessment certificate

Applications for building assessment certificates

Building assessment certificates

Duty to display building assessment certificate etc

Assessment of building safety risks

Management of building safety risks

Safety case report

Notification and provision of report to the regulator

Mandatory reporting requirements

Keeping information about higher-risk buildings

Provision of information etc to the regulator, residents and other persons

Provision of information etc on change in accountable person

Residents’ engagement strategy

Requests for further information

Complaints procedure operated by principal accountable person

Complaints procedure operated by the regulator

Duties on residents and owners

Contravention notices

Access to premises

Duty on regulator to enforce Part

Compliance notices

Compliance notices: supplementary

Offence: contravention giving rise to risk of death and serious injury

Special measures

Appeals against compliance notice etc

Appeals against decisions of the regulator made under this Part

Appeals against decisions of the regulator made under regulations

Appeals: supplementary

Enforcement of decisions of the First-tier and Upper Tribunal

Guidance

Cooperation and coordination

Managers appointed under Part 2 of the Landlord and Tenant Act 1987

Building safety directors of resident management companies

Implied terms in leases and recovery of safety related costs

Provision of building safety information

Commonholds

Interpretation of Part 4

Meaning of “relevant building”

119A

in a case where that provision of that Act applies by virtue of the other lease.

Building industry schemes

Building industry schemes: supplementary

Prohibition on development for prescribed persons

Building control prohibitions

Building liability orders

Building liability orders: associates

Order for information in connection with building liability order

Service charges in respect of remediation works

Duties relating to work to dwellings etc

Limitation periods

Establishment of the new homes ombudsman scheme

The new homes ombudsman scheme

“Relevant owner”, “new build home” and “developer”

Regulations under section 138

Power to require persons to join scheme and to provide information

Register of members

Developers’ code of practice

Amendment of the Government of Wales Act 2006

New build home warranties

New build home warranties: financial penalties

Construction products

Liability relating to construction products: general definitions

Liability relating to construction products

Liability for past defaults relating to cladding products

Liability relating to construction products: limitation in England and Wales

Liability relating to construction products: limitation in Scotland

Costs contribution orders made by courts

Costs contribution orders made by the Secretary of State

Costs contribution orders: assessments

Amendment of Regulatory Reform (Fire Safety) Order 2005

Architects: discipline and continuing professional development

Architects: Appeals Committee

Architects Registration Board: fees and discharge of functions by a committee

Housing complaints made to a housing ombudsman

Liability of officers of body corporate etc

Review of regulatory regime

Financial provisions

Crown application

Application to Parliament

Power of Secretary of State to make consequential provision

Power of Welsh Ministers to make consequential provision

Regulations

Extent

Commencement and transitional provision

Short title

Entry to non-domestic premises without warrant

Entry to non-domestic premises with warrant

Entry to domestic premises (with warrant)

Power to require information, documents etc

Retention of evidence etc

Offence of failing to provide information, documents etc

Interpretation

Saving for material subject to legal professional privilege

Interpretation

Local authorities, fire and rescue authorities etc

Ombudsmen

Secretary of State

Police

Public authorities

Parliamentary Commissioner Act 1967 (c. 13)

Freedom of Information Act 2000 (c. 36)

Sustainable and Secure Buildings Act 2004 (c. 22)

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

Introduction

Transfer from Secretary of State to the regulator

Transfer from magistrates’ court to the tribunal: England

Enforcement

Appeal: local authority decision not to consider application etc

Introductory

Interpretation

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

No service charge payable if landlord meets contribution condition

No service charge payable where lease below certain value

Limit on service charge in other cases

Paragraph 5: the permitted maximum

Annual limit on service charges

No service charge payable for cladding remediation

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

Paragraphs 2 to 4, 8 and 9: supplementary

No increase in service charge for other tenants

Recovery of service charge amounts from landlords

Presumption: qualifying lease

Presumptions relating to landlord under qualifying lease

Information from tenants

Information from landlords

Anti-avoidance

Appointment of the new homes ombudsman

Membership

Fees

Complaints under the scheme: subject matter and procedure

Complaints under the scheme: investigation and determination

Enforcement of determinations

Making of recommendations

Predecessor schemes

Complaints about the scheme

Co-operation

Provision of information

Reports

Introductory

Editorial notes

[^key-1ef35bb2d184cfc2e17e1217ff4eeec3]: S. 1 in force at Royal Assent, see s. 170(1)(a)

[^key-d438d6d68b5350cbdea1a984ee615c06]: S. 2(1) in force at Royal Assent, see s. 170(1)(b)

[^key-deac099e079f47e4cdc064e3b1878d3b]: S. 2(2) in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-08332b1072d4feb5e85f046b7e9aa4f2]: S. 3 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-70a197777fef1c9261a0683d5f02c90b]: S. 4 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-2686d1a7380b95e629eb77f7314ec730]: S. 5 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-38e29ea29d27a2422440f48edcb035dd]: S. 6 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-0068e9dcb4b2c81317b9a5aaee10096e]: S. 7 in force at Royal Assent, see s. 170(1)(c)

[^key-250254935c153bb8ea31a25bacdcc05b]: S. 8 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-d10dc83a97ca15aaed244c12552dbc0d]: S. 9 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-b88a2b9d2c65d1eac4fe058bd6f1e1b7]: S. 10 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-2dc58bb2430ba32fd284338c7650ecf5]: S. 11 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-33ef0509c6975d429e3045e4dca78452]: S. 12 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-ea5201df06747c7efd300787d3fc5d8d]: S. 13 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-119ebad0b41ed95677bcc0ab618b562a]: S. 14 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-82208dc3bf2cdd9ddb7a97be15429be1]: S. 15 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-4683774778a89d5c6b4c9d81cdaf73b7]: S. 16 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-0c2f81b4c41dba43c63d62d4c0ca6493]: S. 17 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-0685f0cc17be0fc0e1ee2875c4a6f179]: S. 18 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-241fec09ad63ee0e7f9605c77748e371]: S. 19 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-c757b92e73941f12a7026d55af3f9789]: S. 20 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-c6998c123f8eb6beb15594ca52c07b56]: S. 21 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-0b92a0cc88f513ff768e3f0f28f23632]: S. 22 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-b68ea4d2c0902156bec8cce01e6f15fd]: S. 23 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-8c9b18e3d821d00ad2e4f3c08675f29b]: S. 24 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-9fd20045cc84d56d72641b76fe546934]: S. 25 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-480f75101c82ed917b83280228108983]: S. 26 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-593c33f5647286b257d7ed49f94d835d]: S. 27 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-0dc2000ef5375187c67373688cbf2990]: S. 28 in force at Royal Assent, see s. 170(1)(d)

[^key-78a25e6ca1545013480a66c90def5430]: S. 29 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-48e672d48d72484cf4d26648bc099935]: S. 30 in force at Royal Assent, see s. 170(1)(e)

[^key-a959b99f827e58fe3bebb5ab492aae89]: S. 31 not in force at Royal Assent, see s. 170(4)(a)(i)(c)

[^key-24a00752d70f753fa367297c347f680c]: S. 32 not in force at Royal Assent, see s. 170(4)(a)(ii)(b)(i)(c)

[^key-e803085be88ce9c1f6f2331881342e82]: S. 33 not in force at Royal Assent, see s. 170(4)(b)(ii)(c)

[^key-0754ed4760281dd5d18045d2c4ca4352]: S. 34 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)

[^key-55b5a262c8a13241ff16e560dac20b71]: S. 35 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)

[^key-c767bc4483a1b3b5083ea193baf95456]: S. 36 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)

[^key-29e2e60f8364bde64f2937f7ea9ea25e]: S. 37 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)

[^key-fa29a6a926d5eca892f8b4aa720a5083]: S. 38 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)

[^key-0ad753d2a50c4ecad5b97eac3d9ac51c]: S. 39 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)

[^key-ed5190b71c43372052a757c256d0e7c0]: S. 40 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)

[^key-c6f6d5f5ba270e6b1f08f8c256b4756f]: S. 41 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)

[^key-728ac3d08e78b0d2b8869b97559e787c]: S. 42 not in force at Royal Assent, see s. 170(4)(a)(iii)(b)(iv)

[^key-7e2ad1525f3c0c66a37e8bf19010c9af]: S. 43 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-4188f308a79c8bbd067e5965a4330ea0]: S. 44 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

[^key-d58caf63a1045d33b497ded1b50cf508]: S. 45 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

[^key-050c4d84959300910cfe7f620b8e8ce6]: S. 46 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

[^key-ba35912f8b940f5c664690ab3ea9d47c]: S. 47 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

[^key-17cac59675091d45a04bdaef50899ad1]: S. 48 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

[^key-d61fae5e7fd2acca6a549aacdf40afff]: S. 49 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

[^key-1bfa1a2a88f228d1a46fa5032fc56739]: S. 50 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

[^key-2a01db72f97c83d293089605460fea37]: S. 51 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

[^key-b65d6fffad58cf120fa67d9e80b24ab2]: S. 52 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

[^key-87c1a491645f7da50c10c5885670ef4a]: S. 53 not in force at Royal Assent, see s. 170(4)(b)(vii)(c)

[^key-7332e12ebe74df1c65629c12286e9f3d]: S. 54 not in force at Royal Assent, see s. 170(4)(c)

[^key-4b4477f2d1f502fa19ca6a7b341b2c0e]: S. 55 not in force at Royal Assent, see s. 170(4)(a)(iv)(v)(b)(viii)(c)

[^key-a518c3f542571b4a42af4daf36565e1f]: S. 56 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-50024d56d89ca5b3338795e4c0eeef9b]: S. 57 not in force at Royal Assent, see s. 170(4)(b)(x)(c)

[^key-5801122f50d6b29413388cb84d55cb4e]: S. 58 not in force at Royal Assent, see s. 170(4)(c)

[^key-b852bdaa00a1ab7656c4c185dcd64c25]: S. 59 not in force at Royal Assent, see s. 170(4)(c)

[^key-f301ab4bd0300c02675fe8c4ff181fae]: S. 60 not in force at Royal Assent, see s. 170(4)(c)

[^key-a4abde5170f7bbfe737a24cf3d832e0c]: S. 61 in force at Royal Assent, see s. 170(1)(f)

[^key-52a59c54adea9d25483d0c4734b5eebc]: S. 62 in force at Royal Assent, see s. 170(1)(f)

[^key-d8e86defb8f8f487a5ae1fb31b9f9319]: S. 63 in force at Royal Assent, see s. 170(1)(f)

[^key-89cb8e4fc2eb68a8028f7bb7243a3f4f]: S. 64 in force at Royal Assent, see s. 170(1)(f)

[^key-a80b51dba79b90a73e07a71fea3293d3]: S. 65 in force at Royal Assent, see s. 170(1)(f)

[^key-9ce2ea7507bbbb4e339bb575f27dd10d]: S. 66 in force at Royal Assent, see s. 170(1)(f)

[^key-b88882f9dc856911638eaed47bd816b5]: S. 67 in force at Royal Assent, see s. 170(1)(f)

[^key-716407c6519281bace8cd0d4fa0a34dd]: S. 68 in force at Royal Assent, see s. 170(1)(f)

[^key-4a253b3032dc50721e327e98d55441f9]: S. 69 in force at Royal Assent, see s. 170(1)(f)

[^key-13796d5c358c0c791788f5d2a8e2d601]: S. 70 in force at Royal Assent, see s. 170(1)(f)

[^key-ff340c30af4efb4d6ea07d13083c0da2]: S. 71 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-cc2dfe4156369bb2644f185fd7252d69]: S. 72 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-2b24833a57e128ba45bf7327fdb9e569]: S. 73 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-5de64d2bba80e4097d4625794865c95b]: S. 74 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-2b01eed782115e47212e67c31c18f580]: S. 75 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-0ed81324a38b166d353b0143db72894c]: S. 76 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-20d980140e61626fda6fc45828f41066]: S. 77 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-f3ea0e100a994ec1ec2a247bedbd4088]: S. 78 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-9769b4b8b13cadf2adf504f94029f1eb]: S. 79 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-20591acac66b83cc470bb00ae68ce1e9]: S. 80 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-afd0d07c551766b5458e571f3243f7db]: S. 81 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-a34a8d936f440ecea2625f1bc224206a]: S. 82 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-a2158df9e6afb747466ddca24ea05047]: S. 83 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-21157c2a1ce8864842c4d32c6ecfe7ad]: S. 84 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-76114e0c1d86f50ff2c502768ac9076b]: S. 85 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-312a884221ee4672607e3f5110606a5d]: S. 86 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-397b7f28fb439f6e8551876d1cca1d9f]: S. 87 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-c76fc0a0c17e1c5b884ddf619e00e981]: S. 88 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-6b664847977a1d22fce80727aabd6669]: S. 89 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-26c2e662fd78cc61e484242eaa8f1fce]: S. 90 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-3a1a13dc83d9cbb820266630da2bb854]: S. 91 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-8cf5a3c5dad5f1687add41f11dfc690e]: S. 92 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-e59690b4519112fded21e2c3121b7aeb]: S. 93 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-2175e1e2fa73651ef079d90b6de1105d]: S. 94 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-fe0edc84ad366c601b02163f96ada4c4]: S. 95 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-13e2328b8067a0065a83d001cbe577a7]: S. 96 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-7f870b746704dc870fe3cf1babe60190]: S. 97 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-39e2b3232ac99c3c646f682a3978d0fd]: S. 98 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-418b47b98690d4456348ace69466e0f2]: S. 99 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-8991dd09d0610fd2fa1674e0f8c10ec1]: S. 100 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-7ecb0971eda312f19c16339a2f7150c9]: S. 101 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-aff6ffcd602075d822898b962df20945]: S. 102 in force at Royal Assent for specified purposes, see s. 170

[^key-26a36bc7dbcf1df165086164c6165e98]: S. 103 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-d087b25504078c4dd788ac0dcb5c2c51]: S. 104 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-fa85ae6d782d6ea4ddace93551c93711]: S. 105 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-787f8bf2fc9d34c9066db5e0487cf797]: S. 106 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-a682a007cfae574ff666791f28f3f856]: S. 107 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-991d061a2398138c59d8667109dfe5ea]: S. 108 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-ed212103319ade88b8de92ba81917ca5]: S. 109 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-bb7831988916563cec94c3851bec809f]: S. 110 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-ef1c7506ac5a9c33c32de24300fd7db4]: S. 111 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-72dea5658ec01af041592bbb0dc9ac80]: S. 112 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-98818cac20d2d350bcf3fe5374093786]: S. 113 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-6042c292cce3f55e435ba488fa8ced2d]: S. 114 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-6ec489b269d7d7c9a537907788b918df]: S. 115 in force at Royal Assent, see s. 170(1)(g)

[^key-4786db0c7a24930290e5489e067e65d3]: S. 126 not in force at Royal Assent, see s. 170(5)

[^key-a636fa665843039220f2d05c3b4b0879]: S. 127 not in force at Royal Assent, see s. 170(5)

[^key-c6e0c6f1779cce8e7c5df20a2ae71b12]: S. 128 not in force at Royal Assent, see s. 170(5)

[^key-beb2327af2561f2a34da7d14e71ae8ba]: S. 129 not in force at Royal Assent, see s. 170(5)

[^key-cc9e396ee815f9e6d3bae1555cea4af0]: S. 130 not in force at Royal Assent, see s. 170(5)

[^key-f519f86ff3004f77b8f34527f4f71d3d]: S. 131 not in force at Royal Assent, see s. 170(5)

[^key-22d3dcbfade7636c36c58c37fb7cf363]: S. 132 not in force at Royal Assent, see s. 170(5)

[^key-c3b260287b0c706d571af839868996a6]: S. 133 not in force at Royal Assent, see s. 170(5)

[^key-8416ee9b583b8b38f319334ed4f60b26]: S. 136 not in force at Royal Assent, see s. 170(5)

[^key-84100a59fca16c542e86d8560725d2bb]: S. 137 not in force at Royal Assent, see s. 170(5)

[^key-39df187f1b74264b7ab5ed5b9256b4dc]: S. 138 not in force at Royal Assent, see s. 170(5)

[^key-34118aec5144df0fbfd11028840ac22f]: S. 139 not in force at Royal Assent, see s. 170(5)

[^key-a0fe9364fe1f0a06338ad21d6a58f22d]: S. 140 not in force at Royal Assent, see s. 170(5)

[^key-b1bf35ae4c69b7c7c898d766eaebeb76]: S. 141 not in force at Royal Assent, see s. 170(5)

[^key-9cc2f6cacade70e8d74f3f1c456a4ab7]: S. 142 not in force at Royal Assent, see s. 170(5)

[^key-3744f3f7b1b76c0156cfa6f3f5a60330]: S. 143 not in force at Royal Assent, see s. 170(5)

[^key-542846ae623bb3425c842f10417741ce]: S. 144 not in force at Royal Assent, see s. 170(5)

[^key-232b3c4fe5c2074de08f25115c8064a8]: S. 145 not in force at Royal Assent, see s. 170(5)

[^key-bb68da4611156b9cf2863affc63ca9a7]: S. 156 not in force at Royal Assent, see s. 170(4)(b)(xi)(c)

[^key-52a408ac26937b29121301854f3713b0]: S. 160 not in force at Royal Assent, see s. 170(5)

[^key-db304795ea29b60ab4ff96d1469be5d9]: S. 161 not in force at Royal Assent, see s. 170(5)

[^key-4a537ba34b3cbe1298a81ea383c1e73c]: S. 162 in force at Royal Assent, see s. 170(1)(h)

[^key-63c73d7b06ef5e37cbb27786cebcf0e4]: S. 163 in force at Royal Assent, see s. 170(1)(h)

[^key-0c5ceff9e7e52413b0ab0fbbb4755d90]: S. 164 not in force at Royal Assent, see s. 170(5)

[^key-5809e2ebe8cc74df1109eeeed7b205d1]: S. 165 in force at Royal Assent, see s. 170(1)(h)

[^key-9ac587200cafca96a1b55394954bd3f2]: S. 166 in force at Royal Assent, see s. 170(1)(h)

[^key-1c838888d233bf3570f76d54fc31e4c8]: S. 167 in force at Royal Assent, see s. 170(1)(h)

[^key-085dc2c996acdc3b46cba37c00e40f50]: S. 168 in force at Royal Assent, see s. 170(1)(h)

[^key-0e5805c47867eb72ad8e616fdc28db86]: S. 169 in force at Royal Assent, see s. 170(1)(h)

[^key-d4e8472e67696cefaa6e4887d14c5d4a]: S. 170 in force at Royal Assent, see s. 170(1)(h)

[^key-7ccb7b15d6b8a3b622757db1e331dd84]: S. 171 in force at Royal Assent, see s. 170(1)(h)

[^key-00a7685151cd072823a2de8f1a41a1ca]: Sch. 1 para. 1 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-d796908aabef64d75238e01120ebf7c3]: Sch. 1 para. 2 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-f1b28fab8d8bb2e09a665564cbdad422]: Sch. 1 para. 3 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-fd76420d25f91a61f4c2dac016fc170b]: Sch. 1 para. 4 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-566a2fcd79261b0e00138e7f131187de]: Sch. 1 para. 5 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-289dff38a2e35864b2c9848f86682e90]: Sch. 1 para. 6 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-f3ef71316e82fefaa5e1a177c05186fb]: Sch. 1 para. 7 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-575afb4f36eb64138a7ad4414f7d704e]: Sch. 1 para. 8 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-b8a5465b26fffb2a31ef493802c73bb4]: Sch. 2 para. 1 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-88ea63517bdb2af82b45a5ccb4c1fb85]: Sch. 2 para. 2 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-54aaf8d4cb62ce64ff299346a95f0db4]: Sch. 2 para. 3 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-def0614b152567ee410e196b910272a0]: Sch. 2 para. 4 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-dcc4c06bad28cb83fe2fe7a83c714475]: Sch. 2 para. 5 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-38a5f39019ba430d9dd0e3c29a7c745a]: Sch. 2 para. 6 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-5a9e4975b398bb0d4696d518b24101ac]: Sch. 2 para. 7 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-429befb8fa9b2d5934dd102a5b2faecd]: Sch. 2 para. 8 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-41cfbd3d550bd502d18b1a644da14d2b]: Sch. 3 para. 1 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-5e6776efa30a6b6df2bb36dc1b7c53b0]: Sch. 3 para. 2 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-b5b6e59b59b098564a129c73db8bbcf8]: Sch. 3 para. 3 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-9d60c8bbc0f1141cf73393e6daab6d39]: Sch. 3 para. 4 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-482ae94dd9957b7ab522bef8ccd3a9b6]: Sch. 3 para. 5 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-4775faafa85ace242e272333cd16cab2]: Sch. 3 para. 6 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-c99ef5ddd80d9085b7362651a25c5b15]: Sch. 4 para. 1 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-c34a87477f46ea894bb106acf11c130d]: Sch. 4 para. 2 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-624b00fdebeef48c44347b54201c3e6c]: Sch. 4 para. 3 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-83fa6cc9d1e562809c1f20db3a2bbae5]: Sch. 4 para. 4 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-811906a4f9a0a6f2f2a8b13d10eff315]: Sch. 4 para. 5 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-69bae8b772d7d6a6ee9c97429023f25b]: Sch. 4 para. 6 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-dd94c6bcde7536b425e048231cc6ac8e]: Sch. 4 para. 7 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-1a681a82c60af811ed1586f0bd202b5d]: Sch. 4 para. 8 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-c3e50e54bdf9a3eed06aff057d9706cb]: Sch. 4 para. 9 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-5a241d5e54fbe447a8cce4c1831c8eb3]: Sch. 4 para. 10 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-2a16bec7ac453d4905a7b53bd82d04eb]: Sch. 4 para. 11 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-d3da7beb9c8ef993c35eb01a915b94d2]: Sch. 4 para. 12 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-9d2e12e3cbdd3b759b65bcb2ef229fb1]: Sch. 4 para. 13 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-3330b1554649146280ba2e47aaacd281]: Sch. 4 para. 14 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-145701ad1cbd07a9878195039548225b]: Sch. 5 para. 1 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-d629badb076b58ee906f28b253ecd2bd]: Sch. 5 para. 2 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-7d070ef079cb5122b47ba6d79d3bb9ec]: Sch. 5 para. 3 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-40f6b3ae08d2c0b79d9a9caa63e12fc1]: Sch. 5 para. 4 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-6b354e5cfa42c8601c2fc7bce5b13865]: Sch. 5 para. 5 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-2e9b9de0c7013ef352f43c20af3d0f06]: Sch. 5 para. 6 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-323920863d673d39d0f4edf8dd41663e]: Sch. 5 para. 7 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-e17dea820831a0152b128738d7bdbcde]: Sch. 5 para. 8 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-30e55d68f55d9dbedecf89ed144b6aed]: Sch. 5 para. 9 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-bb66c047772d5607dfe2ba9500002d05]: Sch. 5 para. 10 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-f1a8e31158320933fb4258aaac0ccf1c]: Sch. 5 para. 11 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-3ef684e188a79e83aaa185e38874965d]: Sch. 5 para. 12 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-53d4c148d6548683627b9a388c7885b7]: Sch. 5 para. 13 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-72e729bf38bd72f5e3f7551640f722fe]: Sch. 5 para. 14 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-8578c26797242f9aef1cfb14315eed4f]: Sch. 5 para. 15 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-3da34859194753f6f36f1fdad81d4b81]: Sch. 5 para. 16 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-a8c251f4af2d22457a18582d205152be]: Sch. 5 para. 17 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-e0aaf46207fb186948f6706934062a69]: Sch. 5 para. 18 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-07207da9de05630516f075544b3278ee]: Sch. 5 para. 19 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-23f4041ecf2a37600675c8fc4be3628f]: Sch. 5 para. 20 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-1a03fe0bb809d02998b3a5c1953ca0b9]: Sch. 5 para. 21 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-ea7eb4549cbc2a0a9931e53a9b4727aa]: Sch. 5 para. 22 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-c4d0d9abd4f37c8808a7589dcbf6f407]: Sch. 5 para. 23 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-dea3db7702ab0a6c74cc931c9c460f48]: Sch. 5 para. 24 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-0bae1138a1a27bbfbc9948f8426e3694]: Sch. 5 para. 25 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-d79a30cc130720e071cad1cf51372a07]: Sch. 5 para. 26 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-badc2611ad8e80535542e797d5b1d2ed]: Sch. 5 para. 27 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-1b49dd6c8b15fcc263fc4519c8d7da3c]: Sch. 5 para. 28 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-95aad2800f3959e8385f65c7fed8ec4e]: Sch. 5 para. 29 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-47d9d95ffb3b6aff2bc758cc6160471f]: Sch. 5 para. 30 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-3e8907719b4e86492b0e6f248b78e8bd]: Sch. 5 para. 31 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-3a25516cd3dfe40fb7cd757cbe59d3bc]: Sch. 5 para. 32 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-e8bdc27515184aa93e5f7388cb5378fd]: Sch. 5 para. 33 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-34c764eff3d0e155d12b4afc2b545f33]: Sch. 5 para. 34 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-3961d28e7a9df1e4887aad8ab206a109]: Sch. 5 para. 35 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-a42ff4bc4e7a8ef6927b983a8c5315b2]: Sch. 5 para. 36 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-65418f175cc3ff50b999f70919c3999a]: Sch. 5 para. 37 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-d8300ce98bb3cef0055c0037c073e87a]: Sch. 5 para. 38 not in force at Royal Assent, see s. 170(4)(c)

[^key-649f479b115bda7fc01e34e33f636ef0]: Sch. 5 para. 39 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-e45e60795ff6d79f956214db83f9470d]: Sch. 5 para. 40 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-0358218fef2fe6452defa6bfc1c70e02]: Sch. 5 para. 41 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-481df8278120674acaa0e6509ec28331]: Sch. 5 para. 42 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-210ab93b46816c5c6be1fc7abbbe419c]: Sch. 5 para. 43 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-694291eeccd45a96de828a30c4af31ad]: Sch. 5 para. 44 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-530ff777f545257f095896613f232794]: Sch. 5 para. 45 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-3e2af452afe7fee8071f9b86b6fc9f2c]: Sch. 5 para. 46 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-ae4b26e028d04f290c3f76731d2804d6]: Sch. 5 para. 47 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-df71d4c11bce7e602a6d3f4e6b8e75c6]: Sch. 5 para. 48 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-061f0428b052e1c41024468ffc5c5b1e]: Sch. 5 para. 49 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-2adc50721ff5627a136cfb49bc863165]: Sch. 5 para. 50 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-ccb31129fe7c00f888cee4dc2ea4e002]: Sch. 5 para. 51 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-6366f3d4b1206e7f4618e93c3038cf6a]: Sch. 5 para. 52 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-61f7a187fb4a2d989c2d0c22e43b0d8a]: Sch. 5 para. 53 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-1da5bddb92924e1ecbe3ba660376fdc3]: Sch. 5 para. 54 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-2577fdb4a5c4a946aedd5b400ac0ed7b]: Sch. 5 para. 55 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-0b6e530e632f028ac08416e5b32fd092]: Sch. 5 para. 56 not in force at Royal Assent, see s. 170(4)(a)(iv)(c)

[^key-7276597323db724cce4c034f8b62909d]: Sch. 5 para. 57 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-ddcffe1622732c5c9ffae0f46180d5f8]: Sch. 5 para. 58 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-d58d203d831e6bfc95da6d1ecfd78c6b]: Sch. 5 para. 59 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-96092666fe1caae142d944bfcdf789cf]: Sch. 5 para. 60 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-f98d0efd3cac1b6d3410328858e59ba4]: Sch. 5 para. 61 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-12f94f1a3948b2d7f4df36b6ee4b8f63]: Sch. 5 para. 62 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-4aeec3d7653d2d952dc7238b6b29b5c9]: Sch. 5 para. 63 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-5baa23c08817bcdb68a417b9f12aa517]: Sch. 5 para. 64 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-2cd799ebfc683c3a10910f5592686f0a]: Sch. 5 para. 65 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-d2eec7c0d3874708e87b537314fad7c5]: Sch. 5 para. 66 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-8c4e4e27dee63cfbff8d6717c45e537c]: Sch. 5 para. 67 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-1502b0008045678be74d3a11e7e60b2c]: Sch. 5 para. 68 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-fdf20f03e756ab4cd79c630a9a9bc67d]: Sch. 5 para. 69 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-b4381521bee52484648b7546cac1c264]: Sch. 5 para. 70 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-a528ac976a4eb6fa6c0c3aa9d45fd266]: Sch. 5 para. 71 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-5083a5a7e603252b4520724ca0aa1392]: Sch. 5 para. 72 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-344e4b709c8436f09f3bff603eed4eac]: Sch. 5 para. 73 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-48a551abf7630b530b48cf5d4b79933a]: Sch. 5 para. 74 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-dfd1ace7e3a3e2603d7a3e87895ea3ab]: Sch. 5 para. 75 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-a59f2d814b316d338522f51c0d8e9860]: Sch. 5 para. 76 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-8499f2ffe108bf05cec87306c838a590]: Sch. 5 para. 77 not in force at Royal Assent, see s. 170(4)(a)(v)(b)(viii)(c)

[^key-310c293d2a23b5914ef2759c9ee01656]: Sch. 5 para. 78 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-8718e372a2e4d92f8a9368afd27eb1ab]: Sch. 5 para. 79 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-10dbc0282b28b4d40ce2cf23170d11af]: Sch. 5 para. 80 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-c7f670cc406b67d809776e15f3537425]: Sch. 5 para. 81 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-b3ad0cc86fe8227c50e5edbfe000ea75]: Sch. 5 para. 82 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-cba1f6e3def7da48ae539b2085a9fe8d]: Sch. 5 para. 83 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-1273f5284791657eccf1281babe8c713]: Sch. 5 para. 84 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-1c63c649c028dbfb8aec602d2ad112e7]: Sch. 5 para. 85 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-e5f4db1c592de29619a45840f431fec0]: Sch. 5 para. 86 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-6156fedd121c750dd8746bc38ab30082]: Sch. 5 para. 87 not in force at Royal Assent, see s. 170(4)(c)

[^key-1772c8986f3c63e8bd83e2c38d3c2604]: Sch. 5 para. 88 not in force at Royal Assent, see s. 170(4)(c)

[^key-0d2c358bd1347cd7a9a40d3e6f59b793]: Sch. 5 para. 89 not in force at Royal Assent, see s. 170(4)(c)

[^key-45920cae8b7cf3d45543b2a470b00cba]: Sch. 5 para. 90 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-1f35291a384d6ba59673714e69538577]: Sch. 6 para. 1 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-97b0dad7ab8de42de6fe3e3d393c755f]: Sch. 6 para. 2 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-753d91054e6fe9658a18b572126e74d4]: Sch. 6 para. 3 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-ceaa9d4b147057aa928584f08d7d9844]: Sch. 6 para. 4 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-a0b8c0f2d0330f1b10f6b9e1811928ab]: Sch. 6 para. 5 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-794b7e4d97f23fc687f97701e9c4debf]: Sch. 6 para. 6 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-731cddfc7bf09629448e675d79171565]: Sch. 6 para. 7 not in force at Royal Assent, see s. 170(4)(c)

[^key-e412ada8ea7189d42e69e2ecf6cbaa69]: Sch. 6 para. 8 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-549414f6288b48970bc1e1fc4277d90f]: Sch. 6 para. 9 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-51e7bacc4936aa398fa114e6f2c1404b]: Sch. 6 para. 10 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-e879a7f72f5f7aef26f976d3a817bceb]: Sch. 6 para. 11 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-97bf6be54c0f3ebb272654f85cb408c9]: Sch. 6 para. 12 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-4716b9ff5574d74cf02968826954648f]: Sch. 6 para. 13 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-69da7653ada0d3c2823346ed909ead0d]: Sch. 6 para. 14 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-289a77b5caafd90c9809d9154a762d28]: Sch. 6 para. 15 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-dad257046632eac63191b65a9e2c10a5]: Sch. 6 para. 16 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-76f91455f95a5f559537b3746f07b686]: Sch. 6 para. 17 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-290ea4a7fec3d3bb858464bb3c128600]: Sch. 6 para. 18 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-7dc033859c6d374426833c8cdfd20ddd]: Sch. 6 para. 19 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-a4c526a34971738afa889dac4e4ad5a0]: Sch. 6 para. 20 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-a83d2fb322bbb5184c176f409f525274]: Sch. 6 para. 21 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-50f913cf4752241e4b5f417f623ae68d]: Sch. 6 para. 22 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-6f84f342f7ad43e333dda5faf339815c]: Sch. 6 para. 23 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-3c01d2fe998c5575ae0f1737640a0762]: Sch. 6 para. 24 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-aadd173011407681e62aeb463fa8ccc3]: Sch. 6 para. 25 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-ac44fa806f92914d5959988bf4c86f46]: Sch. 6 para. 26 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-af1f9b235341a1d37b719a9127806405]: Sch. 6 para. 27 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-1b7dbbf1e3c2c1ad516e91309d5f3bfd]: Sch. 6 para. 28 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-41856a6cac4651185b18ffe792296e91]: Sch. 6 para. 29 not in force at Royal Assent, see s. 170(4)(c)

[^key-80ddd9a25a0c3ed3ecc85d9f9d455852]: Sch. 6 para. 30 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-b8664f9d4a41355043dda1f717be2d9c]: Sch. 7 para. 1 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-84f4cbbb0739a2df5cffb976a71b44ec]: Sch. 7 para. 2 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-e73f0f08b249c15e9de87c9b4e3dbfcd]: Sch. 7 para. 3 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-46d5b6f65a06c4cbd25b2552b00529d6]: Sch. 7 para. 4 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-29acd399e359e1efda49d29d84143655]: Sch. 7 para. 5 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-b745059b01aa19608c5f328ae49957ef]: Sch. 7 para. 6 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-5738954a6fb22e41cfe92b6233fe5555]: Sch. 7 para. 7 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-756851561d82cffe2fed5c720a4a0b76]: Sch. 7 para. 8 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-3b6f27383d17a6451012fec338fab4a6]: Sch. 7 para. 9 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-1654e4b2d55eaac66841c2f9dae51c87]: Sch. 7 para. 10 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-e8c095228f019e96d20e5f0bee8aed4b]: Sch. 7 para. 11 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-e399810f32bafb95d444cb2caf8ef27e]: Sch. 7 para. 12 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-bff5605eaa75de30195b7cb327dd8b39]: Sch. 7 para. 13 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-a27b8159fe80c6b43603c0817c4b7a5b]: Sch. 7 para. 14 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-70177bd98bd2aea390c73eca933c5f0b]: Sch. 7 para. 15 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-b581076300c9281b0dd7ecdee368f61a]: Sch. 7 para. 16 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-55ab049cac0a30827ea8a7775bb7ee0b]: Sch. 7 para. 17 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-5400f8be2eaaeb891bbad69775089359]: Sch. 9 para. 1 not in force at Royal Assent, see s. 170(5)

[^key-7cdaa7ca1498d639e1a9b1e9cb513e3c]: Sch. 9 para. 2 not in force at Royal Assent, see s. 170(5)

[^key-db8624a2a8a5c2ad088311bd60c2f4aa]: Sch. 9 para. 3 not in force at Royal Assent, see s. 170(5)

[^key-db5d5106d774c3c865afb0d9e9f6fd3c]: Sch. 9 para. 4 not in force at Royal Assent, see s. 170(5)

[^key-7bbdb26410fad6fae5621ca18e731578]: Sch. 9 para. 5 not in force at Royal Assent, see s. 170(5)

[^key-2f7f11e65c50ab63f6be1c13025f9b1d]: Sch. 9 para. 6 not in force at Royal Assent, see s. 170(5)

[^key-b33be46f13a05fab9205a6d938ca36a2]: Sch. 9 para. 7 not in force at Royal Assent, see s. 170(5)

[^key-e16c97d4bf3bafaa4e949dd19079259a]: Sch. 9 para. 8 not in force at Royal Assent, see s. 170(5)

[^key-ad0312c793479b9bd9b8cc012f40c668]: Sch. 9 para. 9 not in force at Royal Assent, see s. 170(5)

[^key-be5194d75805f8a6fafd7b8832acb847]: Sch. 9 para. 10 not in force at Royal Assent, see s. 170(5)

[^key-313db9191001c1982491bf8341f4f4dc]: Sch. 9 para. 11 not in force at Royal Assent, see s. 170(5)

[^key-0d4b3941f49d18ef777c5c26fe5634b7]: Sch. 9 para. 12 not in force at Royal Assent, see s. 170(5)

[^key-57bdfbde27af58c931b037337a521037]: Sch. 9 para. 13 not in force at Royal Assent, see s. 170(5)

[^key-9d43e3b3de35913a0a7098a5b9a99228]: Sch. 9 para. 14 not in force at Royal Assent, see s. 170(5)

[^key-a43bd1f20ad6e28001c3c4665699e646]: Sch. 9 para. 15 not in force at Royal Assent, see s. 170(5)

[^key-27ad49ad1be9486938c4475cac3f60aa]: Sch. 9 para. 16 not in force at Royal Assent, see s. 170(5)

[^key-1a8885b50303e48a1db3584ac1ce88be]: Sch. 10 para. 1 not in force at Royal Assent, see s. 170(5)

[^key-a1bc8d05be1d3fbb41e6338f7f2b2bee]: Sch. 10 para. 2 not in force at Royal Assent, see s. 170(5)

[^key-17ba83a9d4ef1a98747f0e2fbaac6f9a]: Sch. 10 para. 3 not in force at Royal Assent, see s. 170(5)

[^key-23513042c27d22caa297e5ad3faa4704]: Sch. 10 para. 4 not in force at Royal Assent, see s. 170(5)

[^key-691104a63238d122d84683f8330506da]: Sch. 10 para. 5 not in force at Royal Assent, see s. 170(5)

[^key-18e21d6fbec0243d4610def6a824160f]: Sch. 10 para. 6 not in force at Royal Assent, see s. 170(5)

[^key-c14df0a0639c85ba368788977adafff0]: Sch. 11 para. 1 in force at Royal Assent, see s. 170(3)(d)

[^key-be08a18b078d97ffa802fa6910f99e5a]: Sch. 11 para. 2 in force at Royal Assent, see s. 170(3)(d)

[^key-4f4e6400a1bbd7c697fa3a35f2c7e6d5]: Sch. 11 para. 3 in force at Royal Assent, see s. 170(3)(d)

[^key-2f1c92db4c6174fc8c8f37fd66c50321]: Sch. 11 para. 4 in force at Royal Assent, see s. 170(3)(d)

[^key-ecdcd03fbbfe0da4fcc9352c7acc4ab2]: Sch. 11 para. 5 in force at Royal Assent, see s. 170(3)(d)

[^key-a95648b820b0b09f8a6c5b3a35bc27e7]: Sch. 11 para. 6 in force at Royal Assent, see s. 170(3)(d)

[^key-fb679afd5efb8a69e8c35057c5b74233]: Sch. 11 para. 7 in force at Royal Assent, see s. 170(3)(d)

[^key-fcb41c02358b3222320c9384c6669b90]: Sch. 11 para. 8 in force at Royal Assent, see s. 170(3)(d)

[^key-f83d8e690106952caa081ee31c812aa4]: Sch. 11 para. 9 in force at Royal Assent, see s. 170(3)(d)

[^key-7246de0b453b08740197d911a34420d8]: Sch. 11 para. 10 in force at Royal Assent, see s. 170(3)(d)

[^key-0c427cc11b369b1497e8c5a48d566fa3]: Sch. 11 para. 11 in force at Royal Assent, see s. 170(3)(d)

[^key-eacc6b7c18344f185e0a1611eeec7742]: Sch. 11 para. 12 in force at Royal Assent, see s. 170(3)(d)

[^key-593954941787edd64228e8c190aef528]: Sch. 11 para. 13 in force at Royal Assent, see s. 170(3)(d)

[^key-e89889ce2a516c888166b40c751eb86d]: Sch. 11 para. 14 in force at Royal Assent, see s. 170(3)(d)

[^key-0034196dc343ffe92b460b8f6aba0eae]: Sch. 11 para. 15 in force at Royal Assent, see s. 170(3)(d)

[^key-db4c5286940ae69f1fc5a6d4ebfd9985]: Sch. 11 para. 16 in force at Royal Assent, see s. 170(3)(d)

[^key-e3d55b8e72504f26702455c020a8d788]: Sch. 11 para. 17 in force at Royal Assent, see s. 170(3)(d)

[^key-eed630ff267451b50157d82e7e6ba482]: Sch. 11 para. 18 in force at Royal Assent, see s. 170(3)(d)

[^key-22bc25560db8dd49faf74c9ed2c3921a]: Sch. 11 para. 19 in force at Royal Assent, see s. 170(3)(d)

[^key-80b2e71f128a78055edb461c1953f9a4]: Sch. 11 para. 20 in force at Royal Assent, see s. 170(3)(d)

[^key-63f2bcb4dc706864ec0066668c3f7602]: Sch. 11 para. 21 in force at Royal Assent, see s. 170(3)(d)

[^key-bb18b015aa0942a158c4ce8cdb8f469e]: Sch. 11 para. 22 in force at Royal Assent, see s. 170(3)(d)

[^key-1e38548424985f3dcb4d9c873656da8a]: Sch. 11 para. 23 in force at Royal Assent, see s. 170(3)(d)

[^key-542d772284454c6f56000faeeebe7faf]: Sch. 11 para. 24 in force at Royal Assent, see s. 170(3)(d)

[^key-3f03908afadbbf226be80603dafcd802]: S. 132 in force at 28.5.2022 for specified purposes by S.I. 2022/561, regs. 1(2), 2

[^key-819f164fa9e67fd7acdc263acd173efd]: Sch. 5 para. 15(2)-(5)(9) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 20

[^key-3f747504b50cc4414d50681bf3790807]: S. 2(2) in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)

[^key-678a6a60ee08496172e1a5d5f184678e]: Sch. 1 para. 1 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)

[^key-a827876e348ccfc9664197d8a0ddcabc]: Sch. 1 para. 2 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)

[^key-24d025a532563383e36e80f67b461286]: Sch. 1 para. 3 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)

[^key-b530de4c6ae8d920f2d3f8d4906e3c28]: Sch. 1 para. 4 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)

[^key-c1021e7fb02c01d727c5672301fb5028]: Sch. 1 para. 5 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)

[^key-4322ab0f65ac8f2805171c1545399b60]: Sch. 1 para. 6 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)

[^key-88b3be1733e8b0581c4149bacfb513a2]: Sch. 1 para. 7 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)

[^key-423e57397dd0fd77e98f957f347c505d]: Sch. 1 para. 8 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)

[^key-1202e54203a5231fde2f1c434b4a1a0f]: S. 3 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(b)

[^key-85392422909b64918dd475122b56cd0e]: S. 17 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(c) (with reg. 6)

[^key-98819736f733c281dd19b66c3fa6c68d]: S. 18 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(c) (with reg. 6)

[^key-823d6d634ffdbf9163c4057187c597df]: S. 31 in force at 28.6.2022 for specified purposes by S.I. 2022/561, regs. 1(2), 3(d)

[^key-92c667a3480161f363c6fd7d3567288c]: S. 41 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(e)

[^key-44ed0da3b2b293f37280723ab2327a10]: S. 55 in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f)

[^key-da01554ffbbe08f2eaae09a458feb429]: Sch. 5 para. 1 in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 1

[^key-6893f70325ff56deaf6ab7ef1154a602]: Sch. 5 para. 2 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 2

[^key-c98485515e37445ac4ae53146aa461b3]: Sch. 5 para. 3 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 3

[^key-b8c3b69d723f9cf1a5e4d9bd31b901f6]: Sch. 5 para. 4(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 4

[^key-d0cf219b77f4afb0bfc2668ecd0527aa]: Sch. 5 para. 4(2) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 5

[^key-4303614f9d108373ce4bb241cfce8142]: Sch. 5 para. 5(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 6

[^key-bf789c0fa8618a9b9130346018f00e35]: Sch. 5 para. 5(2) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 7

[^key-3623488358246237ae513bb2935e3590]: Sch. 5 para. 6 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 8

[^key-abc4a9ab4e64f051bb29be1ec6abfd1d]: Sch. 5 para. 9 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 9

[^key-e0673a64e33fae0d3b55cfcb15e9a161]: Sch. 5 para. 10 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 10

[^key-e584b10e6962a7317fe6690b7582c1f3]: Sch. 5 para. 11(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 11

[^key-4a49d2ed80eedb852663466bb134ddfb]: Sch. 5 para. 11(2)(3) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 12

[^key-f37655eae7d753a0170b1b7b8270c97c]: Sch. 5 para. 12(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 13

[^key-c7bd23b5d7c893fa18cf5ec7c47b98bb]: Sch. 5 para. 12(2) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 14

[^key-231f759ea0e59a9ac49683584c9a2c51]: Sch. 5 para. 13(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 15

[^key-0e9046143c15c668455cba5c05e5b92d]: Sch. 5 para. 13(2)(5)(6) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 16

[^key-9ab42693e147bceb2451b039bb23ea36]: Sch. 5 para. 14(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 17

[^key-85248efd216d02b6b874b43384fac21e]: Sch. 5 para. 14(2)(3)(b)(4)(b) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 18

[^key-dc2d62aa6ae9c2f46da62bcf6ec08830]: Sch. 5 para. 15(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 19

[^key-e009cec1e9f933b053ffff4783ecc262]: Sch. 5 para. 16 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 21

[^key-459766c62e358b140cadcaefdf882bbd]: Sch. 5 para. 22(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 22

[^key-5b6863f70fee95d0ea139a47fa99da30]: Sch. 5 para. 22(8) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 23

[^key-28b446a2b0f321af6350478dc8751c40]: Sch. 5 para. 46(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 24

[^key-168a94d4fe7b4a3cbb827401fbeaa06a]: Sch. 5 para. 46(2) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 25

[^key-8b524bbd8cd38ad26445cdfff3a5e678]: Sch. 5 para. 50 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 26

[^key-62225c32a78a99ffc396876b9807ff2c]: Sch. 5 para. 51 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 27

[^key-684708f115fac046ba07241500396d93]: Sch. 5 para. 53 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 28

[^key-aab99cebc89a27a265ce717eedac13fc]: Sch. 5 para. 55(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 29

[^key-ce4360f7b15e0d7cda83828d84745065]: Sch. 5 para. 55(4)(a)(6) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 30

[^key-85e015c1adeea626c936394db1f13b35]: Sch. 5 para. 57(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 31

[^key-12329b8465e8e2290b86acad1b11a96f]: Sch. 5 para. 57(3) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 32

[^key-5bb6b4f1a54fe8f71a1a530b9c2372f1]: Sch. 5 para. 67 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 33 (with reg. 7(2))

[^key-5cf01ec3712aafcb16b503f2c71968d5]: Sch. 5 para. 71 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 34

[^key-5b142831074b426d10653d67975e544d]: Sch. 5 para. 74(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 35

[^key-3ef478cecf51d80a500aa92a63440a8f]: Sch. 5 para. 74(2) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 36

[^key-95632286cd2fa84f696d99ddbdd08f4b]: Sch. 5 para. 75 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 37

[^key-dec1ff68eed637f0ad0ded57dc124eac]: Sch. 5 para. 76(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 38

[^key-e09944aa3b822caa9a91ab6645028cc1]: Sch. 5 para. 76(3) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 39

[^key-d32946644dbb0110a9505c29888f294a]: Sch. 5 para. 77 in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 40

[^key-d79fdd05f475eefaa2830b8dbd36ff12]: Sch. 5 para. 77 in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 41

[^key-203182a41c4d52a4ed8ce4f3a8471222]: Sch. 5 para. 78 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 42

[^key-ee83d05092168a77e98ff771216ab3e8]: Sch. 5 para. 81(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 43

[^key-5fd8d215a1609c8140a90dc0e3956ae6]: Sch. 5 para. 81(2) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 44

[^key-544918dc6ebce9a03055177f6bfb7f95]: Sch. 5 para. 82 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 45

[^key-3bfba8db143eaa6c9f4445dcbe9fc247]: Sch. 5 para. 83(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 46

[^key-b4143731707034bc3c77674b2ef0aa8e]: Sch. 5 para. 83(2)(7)(9) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 47 (with reg. 7(1))

[^key-3bab3ab32552c8be886efcb6494f36c9]: Sch. 5 para. 83(3) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 47 (with reg. 7(1))

[^key-d66c8b4d52b61c52a8bc2dfd77cd883b]: Sch. 5 para. 84(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 48

[^key-a7bd82673951f75d977a4be4061a81e7]: Sch. 5 para. 84(3) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 49

[^key-ebf0fd7dec4cf38b46f94fdfa13712d0]: S. 57 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(g)

[^key-a348a12b42654ce3cc2b8346d3ba515a]: S. 130 in force at 28.6.2022 by S.I. 2022/561, regs. 1(2), 3(h)

[^key-9f4c5e604b062a75d7400e14def01a2e]: S. 131 in force at 28.6.2022 by S.I. 2022/561, regs. 1(2), 3(h)

[^key-8913e4ae33a8216b009d31d4200b1879]: S. 132 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(i)

[^key-95e2658334bdb13a5828bb00cc6ddb97]: S. 116 in force at 28.6.2022, see s. 170(3)(a)

[^key-2f309779ccab18eb7781a54dafe61d84]: S. 117 in force at 28.6.2022, see s. 170(3)(a)

[^key-edec32be0cfbce565f4800f6c441c5f5]: S. 118 in force at 28.6.2022, see s. 170(3)(a)

[^key-a6567d13670d92f6b0b1473eb0b8e7d2]: S. 119 in force at 28.6.2022, see s. 170(3)(a)

[^key-312ef8b347238b724930255e3cce4347]: S. 120 in force at 28.6.2022, see s. 170(3)(a)

[^key-a9a4022b770e50e5ec45b955cc68f917]: S. 121 in force at 28.6.2022, see s. 170(3)(a)

[^key-95475f806b7deb5edd7148e720f58a19]: S. 122 in force at 28.6.2022, see s. 170(3)(a)

[^key-c94e4b5e2af7a676217fb5962e4a6ece]: S. 123 in force at 28.6.2022, see s. 170(3)(a)

[^key-e161d90afbd1bed9f39d4df7756491e4]: S. 124 in force at 28.6.2022, see s. 170(3)(a)

[^key-f684536851a1cecf4ffa7c0b6f692856]: S. 125 in force at 28.6.2022, see s. 170(3)(a)

[^key-fd5604f5ce13f7019e90882de46dcd0a]: S. 134 in force at 28.6.2022, see s. 170(3)(b)

[^key-c1e1e620c4166b7e7aa858e0aecdb495]: S. 135 in force at 28.6.2022, see s. 170(3)(c)

[^key-8ba4026e1e428712d888d8e0150abf01]: S. 146 in force at 28.6.2022, see s. 170(3)(d)

[^key-82d6f50986342cc0972a1698c032dcf8]: S. 147 in force at 28.6.2022, see s. 170(3)(e)

[^key-d99e4212ad019b9e2207e79d7821922d]: S. 148 in force at 28.6.2022, see s. 170(3)(e)

[^key-5ccc74c33bd99ae07c3dd65088c9f5e5]: S. 149 in force at 28.6.2022, see s. 170(3)(e)

[^key-50d07945a3f3f82fa6e252f9b32da099]: S. 150 in force at 28.6.2022, see s. 170(3)(e)

[^key-d4de27066c0f72659d2f540a04cb1550]: S. 151 in force at 28.6.2022, see s. 170(3)(e)

[^key-47d75ac74be5a3792d343c2f44dfa2d3]: S. 152 in force at 28.6.2022, see s. 170(3)(e)

[^key-01d0d787a4601cf0696351b93086389c]: S. 153 in force at 28.6.2022, see s. 170(3)(e)

[^key-a98bfbdc00270ff8d797e4f56eece8c9]: S. 154 in force at 28.6.2022, see s. 170(3)(e)

[^key-4867886638e6384e553ea83e6445e4dc]: S. 155 in force at 28.6.2022, see s. 170(3)(e)

[^key-069b0b1908a91d0c7550f0e799bef2f8]: S. 157 in force at 28.6.2022, see s. 170(3)(f)

[^key-fada1c68cea158a36bfff916655dea01]: S. 158 in force at 28.6.2022, see s. 170(3)(f)

[^key-86fa536262198694b97b4e8d8e6d96a1]: S. 159 in force at 28.6.2022, see s. 170(3)(f)

[^key-6449c6140a09fd36fd9b21f3cdb4476d]: Sch. 8 para. 1 in force at 28.6.2022, see s. 170(3)(a)

[^key-bf66a162dce24e1d46b52c6d6467e5ed]: Sch. 8 para. 2 in force at 28.6.2022, see s. 170(3)(a)

[^key-536001cc481fcbb21330c9f46b4c1e08]: Sch. 8 para. 3 in force at 28.6.2022, see s. 170(3)(a)

[^key-eb08bbccfede84b9e1b93e922f9e410e]: Sch. 8 para. 4 in force at 28.6.2022, see s. 170(3)(a)

[^key-d0cb7bb502d9506ea283ac2445bd3a66]: Sch. 8 para. 5 in force at 28.6.2022, see s. 170(3)(a)

[^key-d59702fed5d2aaeeddc02545c2974eb4]: Sch. 8 para. 6 in force at 28.6.2022, see s. 170(3)(a)

[^key-c9c0238df6d2b508a6c742ef8388a3f6]: Sch. 8 para. 7 in force at 28.6.2022, see s. 170(3)(a)

[^key-5f944264bd46d343783c184cd8cc350c]: Sch. 8 para. 8 in force at 28.6.2022, see s. 170(3)(a)

[^key-33f4184a3058a8c06a4bb04444fdd83d]: Sch. 8 para. 9 in force at 28.6.2022, see s. 170(3)(a)

[^key-6a80257759bb8a0b09b96bf1346d6ed5]: Sch. 8 para. 10 in force at 28.6.2022, see s. 170(3)(a)

[^key-f5070d2a2d527bd7e7e02ccd6056dfde]: Sch. 8 para. 11 in force at 28.6.2022, see s. 170(3)(a)

[^key-04a44109e50caffacb8d107379a257a7]: Sch. 8 para. 12 in force at 28.6.2022, see s. 170(3)(a)

[^key-b9a6c661c79e3b72c2887dd0b04d9c49]: Sch. 8 para. 13 in force at 28.6.2022, see s. 170(3)(a)

[^key-a43e8e6304e307471a273841eb3e78e1]: Sch. 8 para. 14 in force at 28.6.2022, see s. 170(3)(a)

[^key-431499564219845f7bb6d8376ad249c2]: Sch. 8 para. 15 in force at 28.6.2022, see s. 170(3)(a)

[^key-82096e8c4e2660bc03ef893fcacb8808]: Sch. 8 para. 16 in force at 28.6.2022, see s. 170(3)(a)

[^key-9bd2944267f4a3f29a9aaa873c29969b]: Sch. 8 para. 17 in force at 28.6.2022, see s. 170(3)(a)

[^key-6ac32f3ce5e1164f80627c4f38e842a1]: Sch. 8 para. 18 in force at 28.6.2022, see s. 170(3)(a)

[^key-5d09f805a2820c792939f6a2ad7b8613]: S. 124 applied (with modifications) (20.7.2022) by The Building Safety (Leaseholder Protections) (England) Regulations 2022 (S.I. 2022/711), regs. 1(1), 4

[^key-bc97643cfe70428aa9682196a14b4c83]: Sch. 8 para. 2 modified (20.7.2022) by The Building Safety (Leaseholder Protections) (England) Regulations 2022 (S.I. 2022/711), regs. 1(1), 10

[^key-3524da371f59c786232a1dff44c14e93]: S. 48 in force at 28.7.2022 for E. by S.I. 2022/561, regs. 1(2), 4

[^key-bc2d6ffc101f7cba9b79945ee087159e]: S. 48 in force at 28.7.2022 for W. by S.I. 2022/774, reg. 2

[^key-d3400a17ba021c93d204b3a417814a25]: S. 126 in force at 1.9.2022 by S.I. 2022/927, reg. 2

[^key-8e7962502134ecf1401609b7d81cfe56]: S. 127 in force at 1.9.2022 by S.I. 2022/927, reg. 2

[^key-38358df97fde3984ff18ff372e0f190c]: S. 128 in force at 1.9.2022 by S.I. 2022/927, reg. 2

[^key-1ac37531424ca6a87760060709ab2abd]: S. 129 in force at 1.9.2022 by S.I. 2022/927, reg. 2

[^key-ab8ddfbf5c1879830331a7258aadfac7]: S. 160 in force at 1.10.2022 by S.I. 2022/561, regs. 1(2), 5

[^key-6a1596428dc996f94497c94284f02fa3]: S. 4(1)(2)(3)(4) in force at 1.12.2022 in so far as not already in force by S.I. 2022/1210, reg. 2(a) (with reg. 3)

[^key-546925701f71a923af69082af06be274]: S. 9(1)(2) in force at 1.12.2022 in so far as not already in force by S.I. 2022/1210, reg. 2(b)

[^key-34ae4f61840c9791d12a029aed6ce794]: S. 11 in force at 1.12.2022 in so far as not already in force by S.I. 2022/1210, reg. 2(c)

[^key-a636b3eb48222ef8dba078d8f1767b55]: S. 31 in force at 9.12.2022 for specified purposes by S.I. 2022/1287, reg. 2(a)

[^key-497522d8488b147a5464c01f131ae6d8]: S. 55 in force at 9.12.2022 for specified purposes for W. by S.I. 2022/1287, reg. 2(b)

[^key-6cf16cdbe2466cb4814d74a30b529801]: Sch. 5 para. 1 in force at 9.12.2022 for W. by S.I. 2022/1287, reg. 2(c)(i)

[^key-f207928d1d86ef01605ef2c819f4c087]: Sch. 5 para. 77 in force at 9.12.2022 for specified purposes for W. by S.I. 2022/1287, reg. 2(c)(ii)

[^key-3176a6a24ebad6af6c6e318dda437552]: Sch. 5 para. 78 in force at 9.12.2022 for W. by S.I. 2022/1287, reg. 2(c)(iii)

[^key-5e65af9b4e28552dbf4b71837d685b26]: Sch. 5 para. 81(1) in force at 9.12.2022 for W. by S.I. 2022/1287, reg. 2(c)(iv)

[^key-6b416f10a7ee6315e4747d8ee21bc492]: Sch. 5 para. 81(2) in force at 9.12.2022 for specified purposes for W. by S.I. 2022/1287, reg. 2(c)(iv)

[^M_C_8924f3b6-172e-48b4-ccd7-0244deb74eb5]: S. 121(2)-(5) modified (20.7.2022) by The Building Safety (Leaseholder Protections) (England) Regulations 2022 (S.I. 2022/711), regs. 1(1), 3 (as amended (9.2.2023) by The Building Safety (Leaseholder Protections) (England) (Amendment) Regulations 2023 (S.I. 2023/126), reg. 2(2))

[^M_F_49437a57-2edb-4602-b3df-7658f6ea8bbc]: S. 119A inserted (retrospectively) by Levelling-Up and Regeneration Act 2023 (c. 55), s. 243(3)(5) (with s. 247)

[^M_F_3dd83d2b-aa6d-49ed-ebfc-569f49edaff6]: S. 119(3A) inserted (retrospectively) by Levelling-Up and Regeneration Act 2023 (c. 55), s. 243(2)(5) (with s. 247)

Overview of Act

The building safety regulator

The regulator: objectives and regulatory principles

Duty to facilitate building safety: higher-risk buildings

Duty to keep safety and standard of buildings under review

Facilitating improvement in competence of industry and building inspectors

Proposals and consultation relating to regulations

Duty to establish system for giving of building safety information

Building Advisory Committee

Committee on industry competence

Residents’ panel

Committees: power to amend or repeal

Local authorities and fire and rescue authorities: assistance etc to regulator

FSO authorised persons: assistance etc to regulator

Provision of assistance etc: supplementary

Guidance about the provision of assistance

Strategic plan

Revised strategic plans

Annual report about information provided under mandatory reporting requirements

Statement of regulator’s engagement with residents etc

Report on certain safety-related matters

Authorised officers

Authorised officers: offences

Provision of false or misleading information to regulator

Review by regulator of certain decisions made by it

Right of appeal: requirement for review before appeal

Cooperation and information sharing

Fees and charges

Service of documents

Interpretation of Part 2

Higher-risk buildings etc

Building control authorities

Building regulations

Dutyholders and general duties

Industry competence

Lapse of building control approval etc

Determination of certain applications by Secretary of State or Welsh Ministers

Compliance and stop notices

Breach of building regulations

Liability of officers of body corporate etc

Revocation etc of certain provision made under section 2(2) of ECA 1972

Regulation of building control profession

Transfer of approved inspectors’ functions to registered building control approvers

Functions exercisable only through, or with advice of, registered building inspectors

Default powers of appropriate national authority

Higher-risk building work: registered building control approvers

Higher-risk building work: public bodies

Insurance: removal of requirements

Plans certificates

Cancellation of initial notice

New initial notices

Information gathering

Information

Functions under Part 3 of Building Act 1984

Minor and consequential amendments

Appeals

Fees and charges

Levy on applications for building control approval etc

Crown application

Application to Parliament

Overview of Part

Meaning of “building safety risk”

Recommendations about regulations under section 62

Advice about regulations under section 62

Meaning of “higher-risk building” etc

Regulations under section 65: procedure

Regulations under section 65: additional procedure in certain cases

Modification of Part in relation to certain kinds of higher-risk building

Recommendations about definition of “higher-risk building” etc

Advice about definition of “higher-risk building” etc

Meaning of “occupied” higher-risk building etc

Meaning of “accountable person”

Meaning of “principal accountable person”

Part of building for which an accountable person is responsible

Determinations by the tribunal

Requirement for completion certificate before occupation

Occupation: registration requirement

Registration of higher-risk buildings

Occupied building: duty to apply for building assessment certificate

Applications for building assessment certificates

Building assessment certificates

Duty to display building assessment certificate etc

Assessment of building safety risks

Management of building safety risks

Safety case report

Duty to display building assessment certificate etc

Mandatory reporting requirements

Keeping information about higher-risk buildings

Provision of information etc to the regulator, residents and other persons

Provision of information etc on change in accountable person

Residents’ engagement strategy

Requests for further information

Complaints procedure operated by principal accountable person

Complaints procedure operated by the regulator

Duties on residents and owners

Contravention notices

Access to premises

Duty on regulator to enforce Part

Compliance notices

Offence: contravention giving rise to risk of death and serious injury

Special measures

Appeals against compliance notice etc

Appeals against decisions of the regulator made under this Part

Appeals against decisions of the regulator made under regulations

Appeals: supplementary

Enforcement of decisions of the First-tier and Upper Tribunal

Guidance

Cooperation and coordination

Managers appointed under Part 2 of the Landlord and Tenant Act 1987

Building safety directors of resident management companies

Implied terms in leases and recovery of safety related costs

Provision of building safety information

Commonholds

Interpretation of Part 4

Meaning of “relevant building”

Building industry schemes

Building industry schemes: supplementary

Prohibition on development for prescribed persons

Building control prohibitions

Building liability orders

Building liability orders: associates

Order for information in connection with building liability order

Service charges in respect of remediation works

Duties relating to work to dwellings etc

Limitation periods

The new homes ombudsman scheme

New build home warranties

New build home warranties: financial penalties

Construction products

Liability relating to construction products: general definitions

Liability relating to construction products

Liability for past defaults relating to cladding products

Liability relating to construction products: limitation in England and Wales

Liability relating to construction products: limitation in Scotland

Costs contribution orders: general definitions

Costs contribution orders made by courts

Costs contribution orders made by the Secretary of State

Costs contribution orders: assessments

Amendment of Regulatory Reform (Fire Safety) Order 2005

Architects: discipline and continuing professional development

Architects: Appeals Committee

Architects Registration Board: fees and discharge of functions by a committee

Housing complaints made to a housing ombudsman

Liability of officers of body corporate etc

Review of regulatory regime

Financial provisions

Crown application

Application to Parliament

Power of Secretary of State to make consequential provision

Power of Welsh Ministers to make consequential provision

Regulations

Extent

Commencement and transitional provision

Short title

Entry to non-domestic premises without warrant

Entry to non-domestic premises with warrant

Entry to domestic premises (with warrant)

Power to require information, documents etc

Retention of evidence etc

Power to require information, documents etc

Interpretation

Saving for material subject to legal professional privilege

Interpretation

Local authorities, fire and rescue authorities etc

Ombudsmen

Secretary of State

Police

Public authorities

Parliamentary Commissioner Act 1967 (c. 13)

Freedom of Information Act 2000 (c. 36)

Sustainable and Secure Buildings Act 2004 (c. 22)

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

Introduction

Transfer from Secretary of State to the regulator

Transfer from magistrates’ court to the tribunal: England

Enforcement

Appeal: local authority decision not to consider application etc

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

Annual limit on service charges

Appointment of the new homes ombudsman

Membership

Fees

Complaints under the scheme: subject matter and procedure

Complaints under the scheme: investigation and determination

Enforcement of determinations

Making of recommendations

Predecessor schemes

Complaints about the scheme

Co-operation

Provision of information

Reports

Introductory

Extent

Commencement and transitional provision

Entry to non-domestic premises without warrant

Entry to non-domestic premises with warrant

Entry to domestic premises (with warrant)

Retention of evidence etc

Offence of failing to provide information, documents etc

Interpretation

Saving for material subject to legal professional privilege

Interpretation

Local authorities, fire and rescue authorities etc

Ombudsmen

Secretary of State

Police

Public authorities

Parliamentary Commissioner Act 1967 (c. 13)

Freedom of Information Act 2000 (c. 36)

Sustainable and Secure Buildings Act 2004 (c. 22)

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

Introduction

Transfer from Secretary of State to the regulator

Transfer from magistrates’ court to the tribunal: England

Enforcement

Appeal: local authority decision not to consider application etc

Introductory

Introduction

Appointment of the new homes ombudsman

Transfer from Secretary of State to the regulator

Fees

Complaints under the scheme: subject matter and procedure

Complaints under the scheme: investigation and determination

Enforcement of determinations

Making of recommendations

Predecessor schemes

Complaints about the scheme

Co-operation

Provision of information

Reports

Introductory

Entry to non-domestic premises without warrant

Entry to non-domestic premises with warrant

Entry to domestic premises (with warrant)

Power to require information, documents etc

Retention of evidence etc

Offence of failing to provide information, documents etc

Interpretation

Saving for material subject to legal professional privilege

Interpretation

Local authorities, fire and rescue authorities etc

Ombudsmen

Secretary of State

Police

Public authorities

Parliamentary Commissioner Act 1967 (c. 13)

Freedom of Information Act 2000 (c. 36)

Sustainable and Secure Buildings Act 2004 (c. 22)

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

Transfer from magistrates’ court to the tribunal: England

Enforcement

Appeal: local authority decision not to consider application etc

Introductory

Interpretation

Annual limit on service charges

Appointment of the new homes ombudsman

Membership

Fees

Complaints under the scheme: subject matter and procedure

Complaints under the scheme: investigation and determination

Enforcement of determinations

Reports

Predecessor schemes

Complaints about the scheme

Co-operation

Provision of information

Reports

Introductory

Duty to keep safety and standard of buildings under review

Facilitating improvement in competence of industry and building inspectors

Proposals and consultation relating to regulations

Duty to establish system for giving of building safety information

Building Advisory Committee

Committee on industry competence

Committees: power to amend or repeal

Local authorities and fire and rescue authorities: assistance etc to regulator

FSO authorised persons: assistance etc to regulator

Provision of assistance etc: supplementary

Guidance about the provision of assistance

Strategic plan

Revised strategic plans

Annual report about information provided under mandatory reporting requirements

Statement of regulator’s engagement with residents etc

Report on certain safety-related matters

Authorised officers

Authorised officers: offences

Provision of false or misleading information to regulator

Review by regulator of certain decisions made by it

Right of appeal: requirement for review before appeal

Cooperation and information sharing

Fees and charges

Service of documents

Interpretation of Part 2

Higher-risk buildings etc

Building control authorities

Building regulations

Dutyholders and general duties

Industry competence

Lapse of building control approval etc

Determination of certain applications by Secretary of State or Welsh Ministers

Compliance and stop notices

Breach of building regulations

Liability of officers of body corporate etc

Revocation etc of certain provision made under section 2(2) of ECA 1972

Regulation of building control profession

Transfer of approved inspectors’ functions to registered building control approvers

Functions exercisable only through, or with advice of, registered building inspectors

Default powers of appropriate national authority

Higher-risk building work: registered building control approvers

Higher-risk building work: public bodies

Insurance: removal of requirements

Plans certificates

Cancellation of initial notice

New initial notices

Information gathering

Information

Functions under Part 3 of Building Act 1984

Minor and consequential amendments

Appeals

Fees and charges

Levy on applications for building control approval etc

Crown application

Application to Parliament

Overview of Part

Meaning of “building safety risk”

Recommendations about regulations under section 62

Advice about regulations under section 62

Meaning of “higher-risk building” etc

Regulations under section 65: procedure

Regulations under section 65: additional procedure in certain cases

Modification of Part in relation to certain kinds of higher-risk building

Recommendations about definition of “higher-risk building” etc

Advice about definition of “higher-risk building” etc

Meaning of “occupied” higher-risk building etc

Meaning of “accountable person”

Meaning of “principal accountable person”

Part of building for which an accountable person is responsible

Determinations by the tribunal

Requirement for completion certificate before occupation

Occupation: registration requirement

Registration of higher-risk buildings

Occupied building: duty to apply for building assessment certificate

Applications for building assessment certificates

Building assessment certificates

Assessment of building safety risks

Management of building safety risks

Safety case report

Notification and provision of report to the regulator

Mandatory reporting requirements

Keeping information about higher-risk buildings

Provision of information etc to the regulator, residents and other persons

Provision of information etc on change in accountable person

Residents’ engagement strategy

Requests for further information

Complaints procedure operated by principal accountable person

Complaints procedure operated by the regulator

Duties on residents and owners

Contravention notices

Access to premises

Duty on regulator to enforce Part

Compliance notices

Compliance notices: supplementary

Offence: contravention giving rise to risk of death and serious injury

Special measures

Appeals against compliance notice etc

Appeals against decisions of the regulator made under this Part

Appeals against decisions of the regulator made under regulations

Appeals: supplementary

Enforcement of decisions of the First-tier and Upper Tribunal

Guidance

Cooperation and coordination

Managers appointed under Part 2 of the Landlord and Tenant Act 1987

Building safety directors of resident management companies

Implied terms in leases and recovery of safety related costs

Provision of building safety information

Commonholds

Interpretation of Part 4

Remediation of certain defects

Building industry schemes

Building industry schemes: supplementary

Prohibition on development for prescribed persons

Building control prohibitions

Building liability orders

Building liability orders: associates

Order for information in connection with building liability order

Service charges in respect of remediation works

Duties relating to work to dwellings etc

Limitation periods

Establishment of the new homes ombudsman scheme

The new homes ombudsman scheme

“Relevant owner”, “new build home” and “developer”

Regulations under section 138

Power to require persons to join scheme and to provide information

Register of members

Developers’ code of practice

Amendment of the Government of Wales Act 2006

New build home warranties

New build home warranties: financial penalties

Construction products

Liability relating to construction products: general definitions

Liability relating to construction products

Liability for past defaults relating to cladding products

Liability relating to construction products: limitation in England and Wales

Liability relating to construction products: limitation in Scotland

Costs contribution orders: general definitions

Costs contribution orders made by courts

Costs contribution orders made by the Secretary of State

Costs contribution orders: assessments

Amendment of Regulatory Reform (Fire Safety) Order 2005

Architects: discipline and continuing professional development

Architects: Appeals Committee

Architects Registration Board: fees and discharge of functions by a committee

Housing complaints made to a housing ombudsman

Liability of officers of body corporate etc

Review of regulatory regime

Financial provisions

Crown application

Application to Parliament

Power of Secretary of State to make consequential provision

Power of Welsh Ministers to make consequential provision

Regulations

Extent

Commencement and transitional provision

Short title

Entry to non-domestic premises without warrant

Entry to non-domestic premises with warrant

Entry to domestic premises (with warrant)

Power to require information, documents etc

Retention of evidence etc

Offence of failing to provide information, documents etc

Interpretation

Saving for material subject to legal professional privilege

Interpretation

Local authorities, fire and rescue authorities etc

Ombudsmen

Secretary of State

Police

Public authorities

Parliamentary Commissioner Act 1967 (c. 13)

Freedom of Information Act 2000 (c. 36)

Sustainable and Secure Buildings Act 2004 (c. 22)

Introduction

Transfer from Secretary of State to the regulator

Transfer from magistrates’ court to the tribunal: England

Enforcement

Appeal: local authority decision not to consider application etc

Introductory

Interpretation

Annual limit on service charges

Appointment of the new homes ombudsman

Membership

Fees

Complaints under the scheme: subject matter and procedure

Complaints under the scheme: investigation and determination

Enforcement of determinations

Making of recommendations

Predecessor schemes

Complaints about the scheme

Co-operation

Provision of information

Introductory