Schedules

Schedule 5Minor and consequential amendments in connection with Part 3

Part 1Amendments of the Building Act 1984

11

(1)

Section 8 is amended as follows.

(2)

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

(3)

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

(4)

After subsection (3) insert—

“(3A)

If, in a case where the regulator is the building control authority—

(a)

an application for a direction under this section is made to the regulator, and

(b)

the regulator considers that the operation of a requirement in building regulations would be unreasonable in relation to the particular case,

it may give a direction dispensing with or relaxing the requirement.

(3B)

No application under subsection (1) or (2) may be made in a case where the regulator is the building control authority.”