The Building Control Profession (Charges) (Wales) Regulations 2023

Charges for monitoring and regulatory intervention to ensure compliance

6.—(1) Subject to paragraphs (3) and (4), a person must pay the charges arising from the performance of the chargeable functions under regulation 3(2)(c) to (f) if the Welsh Ministers have reasonable grounds to believe that the person may contravene, is contravening or has contravened Part 2A of the Act or a requirement imposed by virtue of Part 2A.

(2) Charges for the performance of chargeable functions under regulation 3(2)(c) to (f) must not include any costs connected with a criminal investigation or prosecution and which are incurred, in either case, from the date on which any information is laid by the Welsh Ministers.

(3) Where charges are payable under paragraph (1) by a person acting in their capacity as an employee, that person’s employer must pay the charges.

(4) A charge is not payable under paragraph (1) in relation to an investigation under section 58H, 58T or 58Z3 of the Act by—

(a) a registered building inspector if the Welsh Ministers’ investigation concludes that they have not breached the code of conduct(1) or been guilty of professional misconduct(2);

(b) a registered building control approver if the Welsh Ministers’ investigation concludes that they have not contravened the professional conduct rules(3) or the operational standards rules(4).

(1)

Prepared and published under section 58F of the Building Act 1984.

(2)

See definition of “professional misconduct” in section 58H of the Building Act 1984.

(3)

Prepared and published under section 58R of the Building Act 1984.

(4)

Made and published under section 58Z of the Building Act 1984.