Building Act 1984

Default powers E+W

116 Default powers of [F1 Secretary of State] [F1 appropriate national authority]. E+W

(1) If the [F2 Secretary of State] [F2 appropriate national authority] is satisfied that a local authority or joint board have failed to discharge their functions under this Act in a case in which they ought to have discharged them, [F3 he] [F3 it] may make an order declaring them to be in default and directing them for the purpose of removing the default to discharge such of their functions, in such manner and within such time or times, as may be specified in the order.

(2) If a local authority or joint board with respect to whom an order has been made under subsection (1) above fail to comply with a requirement of the order within the time limited by the order for compliance with that requirement, the [F4 Secretary of State] [F4 appropriate national authority], in lieu of enforcing the order by mandamus or otherwise, may [F5 make an order tranferring to himself such of the functions of the body in default as may be specified in his order.] [F5 make a transfer order in respect of the body in default.]

[F6 (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.]

Textual Amendments

F1 Words in s. 116 heading substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(2)(a), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F2 Words in s. 116(1) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(2)(b)(i), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F3 Word in s. 116(1) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(2)(b)(ii), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F4 Words in s. 116(2) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(2)(c)(i), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F5 Words in s. 116(2) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(2)(c)(ii), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F6 S. 116(3)-(6) inserted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(2)(d), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

117 Expenses of [F7 Secretary of State] [F7 appropriate national authority]. E+W

[F8 (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.]

(1) [F9 Where the Secretary of State has by order under section 116(2) above transferred functions to himself, any expenses incurred by him in discharging those functions shall be paid in the first instance out of moneys provided by Parliament, but the amount of those expenses as certified by the Secretary of State] [F9 The amount of any expenses certified by the appropriate national authority as having been incurred by the authority in discharging the transferred functions]—

(a) shall be paid to [F10 him] [F10 the authority] by the body in default on demand, and

(b) is recoverable by [F11 him from it as a debt due to the Crown] [F11 the authority from the body as a debt due to the authority],

and that body has the like power of raising the money required as it has of raising money for defraying expenses incurred directly by it.

(2) The payment of such expenses as aforesaid is, to such extent as may be sanctioned by the [F12 Secretary of State] [F12 appropriate national authority], a purpose for which a local authority or joint board may borrow money in accordance with the statutory provisions relating to borrowing by such an authority or board.

Textual Amendments

F7 Words in s. 117 heading substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(3)(a), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F8 S. 117(A1)(A2) inserted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(3)(b), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F9 Words in s. 117(1) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(3)(c)(i), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F10 Words in s. 117(1)(a) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(3)(c)(ii), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F11 Words in s. 117(1)(b) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(3)(c)(iii), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F12 Words in s. 117(2) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(3)(d), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

118 Variations or revocation of order transferring powers. E+W

(1) Where the [F13 Secretary of State] [F13 appropriate national authority] has made [F14 an order under section 116(2)] [F14 a transfer order under section 116] above, [F15 he] [F15 it] may at any time by a subsequent order vary or revoke that order, but without prejudice to the validity of anything previously done.

[F16 (1A) The Secretary of State must consult the regulator before making an order under subsection (1).]

(2) Where an order is so revoked, the [F17 Secretary of State] [F17 appropriate national authority] may, either by the revoking order or by a subsequent order, make such provision as appears to [F18 him] [F18 it] to be desirable with respect to the transfer, vesting and discharge of any property or liabilities acquired or incurred [F19 by him in discharging functions to which the revoked order related.] [F19 , by the person to whom the revoked order transferred functions, in discharging those functions.]

Textual Amendments

F13 Words in s. 118(1) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(4)(a)(i), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F14 Words in s. 118(1) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(4)(a)(ii), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F15 Word in s. 118(1) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(4)(a)(iii), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F16 S. 118(1A) inserted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(4)(b), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F17 Words in s. 118(2) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(4)(c)(i), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F18 Word in s. 118(2) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(4)(c)(ii), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)

F19 Words in s. 118(2) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(4)(c)(iii), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)