xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part IE+W Building Regulations

Modifications etc. (not altering text)

C3Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)

C4Pt. 1 (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7PPt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))

C5Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8

Type approval of building matterE+W

12 Power of [F1Secretary of State] [F1appropriate national authority] to approve type of building matter.E+W

(1)This section has effect with a view to enabling the [F2Secretary of State] [F2appropriate national authority], either on an application made [F3to him or of his] [F3by any person (the “original applicant”) or of its] own accord, to approve a particular type of building matter as complying, either generally or in a class of case, with particular requirements of building regulations.

(2)An application for the approval under subsection (1) above of a type of building matter shall comply with any requirements of building regulations as to the form of such applications and the particulars to be included in them.

(3)Where under subsection (1) above the [F4Secretary of State] [F4appropriate national authority] approves a type of building matter as complying with particular requirements of building regulations either generally or in a class of case, [F5he] [F5it] may issue a certificate to that effect specifying—

(a)the type of building matter to which the certificate relates,

(b)the requirements of building regulations to which the certificate relates, and

(c)where applicable, the class or classes of case to which the certificate applies.

(4)A certificate under subsection (3) above, if it so provides, ceases to have effect at the end of such period as may be specified in the certificate.

(5)If, while a certificate under subsection (3) above is in force, it is found, in a particular case involving building matter of the type to which the certificate relates, that—

(a)the building matter in question is of that type, and

(b)the case is one to which the certificate applies,

that building matter shall in that particular case be deemed to comply with the requirements of building regulations to which the certificate relates.

(6)The [F6Secretary of State] [F6appropriate national authority] may vary a certificate under subsection (3) above, either on an application made to [F7him or of his own accord; but, in the case of a certificate issued on an application made by a person under subsection (1) above, the Secretary of State, except where he varies it on the application of that person, shall before varying it give that person reasonable notice that he proposes to do so.] [F7it or of its own accord.]

(7)Building regulations may require a person making an application under subsection (1) or (6) above to pay the [F8Secretary of State] [F8appropriate national authority] the prescribed fee, and—

(a)without prejudice to paragraph 10 of Schedule 1 to this Act, regulations made by virtue of this subsection may prescribe different fees for different cases, and

(b)the [F8Secretary of State] [F8appropriate national authority] may in a particular case remit the whole or part of a fee payable by virtue of this subsection.

(8)The [F9Secretary of State] [F9appropriate national authority] may revoke a certificate issued under subsection (3) above, but, before doing so in the case of a certificate issued on an application under subsection (1) above, he shall give the person on whose application the certificate was issued reasonable notice that he proposes to do so.

(9)Where the [F10Secretary of State] [F10appropriate national authority] issues a certificate under subsection (3) above or varies or revokes a certificate so issued, [F11he] [F11it] shall publish notice of that fact in such manner as [F11he] [F11it] thinks fit.

(10)If at any time a certificate under subsection (3) above ceases to have effect by virtue of subsection (4) above, or is varied or revoked under subsection (6) or (8) above, that fact does not affect the continued operation of subsection (5) above by virtue of that certificate in a case in which before that time—

(a)plans of the proposed work were, in accordance with building regulations, deposited with a local authority, F12...

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)For the purposes of subsection (3) above, or of any variation of a certificate under subsection (6) above, a class of case may be framed in any way that the [F13Secretary of State] [F13appropriate national authority] thinks fit.

(12)In this section, “building matter” has the same meaning as in section 11 above.

Textual Amendments

F12S. 12(10)(b) and word repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

Commencement Information

I1S. 12 in force at 1.12.1984 for specified purposes, see s. 134(1)(a)