Schedules

Schedule 5 U.K.Minor and consequential amendments in connection with Part 3

Part 1 E+WAmendments of the Building Act 1984

56 E+WAfter section 91A insert—

“91B Cooperation and the sharing of information: Wales

(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—

  (a)

  in relation to a local authority, any function of a local authority under—

  (i)

  the Prevention of Damage by Pests Act 1949,

  (ii)

  Part 2 of the Public Health Act 1961,

  (iii)

  Part 11 of the Local Government (Miscellaneous Provisions) Act 1982,

  (iv)

  Part 3 of the Environmental Protection Act 1990,

  (v)

  Parts 1 to 4 of the Housing Act 2004, or

  (vi)

  this Act,

  or any prescribed function of a local authority;

  (b)

  in relation to a Welsh fire and rescue authority, any function of such an authority under—

  (i)

  the Fire and Rescue Services Act 2004, or

  (ii)

  the Regulatory Reform (Fire Safety) Order 2005,

  or any prescribed function of such an authority;

  (c)

  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).”

Commencement Information

I1 Sch. 5 para. 56 not in force at Royal Assent, see s. 170(4)(a)(iv)(c)

I2 Sch. 5 para. 56 in force at 6.4.2024 by S.I. 2024/207, reg. 2(c) (with regs. 3, 4, 8-12)