Building Safety Act 2022

Section 2

Schedule 1 Amendments of the Health and Safety at Work etc Act 1974

1 The Health and Safety at Work etc Act 1974 is amended as follows.

2 (1) Section 11 (functions of the Executive) is amended as follows.

(2) In subsection (5)—

(a) in paragraph (a) after “functions” insert “other than its building functions”;

(b) in paragraph (b) after “activities” insert “other than its building functions”.

(3) In subsection (6)(b) at the end insert “or to its building functions.”

3 After section 11 insert—

“11A Powers of the Executive: buildings in England

(1) The Executive may do such things and make such arrangements as it considers appropriate in connection with any of its building functions.

(2) In particular, it may—

(a) assist and encourage persons concerned with matters relevant to those functions;

(b) make arrangements for—

(i) the carrying out of research and the publication of the results of research;

(ii) the provision of training and information;

(c) encourage research and the provision of training and information by others;

(d) make arrangements for the provision of a service providing information or advice on such matters, and to such persons, as it considers appropriate;

(e) institute criminal proceedings.

(3) And it may—

(a) appoint persons or committees of persons to provide it with advice, or to do such other things as it considers appropriate, in connection with any of its building functions, and

(b) remunerate those persons.

Nothing in paragraph (b) limits section 13(8).

(4) Any amounts paid under subsection (3)(b) are to be such as may be determined by the Secretary of State.”

4 In section 12(3) (control of the Executive) after “provisions” insert “, or the enforcement of the building enactments,”.

5 (1) Section 13 (powers of the Executive) is amended as follows.

(2) In subsection (3) after “functions” insert “on its behalf”.

(3) In subsection (4) after “department or authority” insert “on behalf of the Minister, department or authority”.

(4) In subsection (6) after “Part” insert “or in connection with its building functions”.

(5) In subsection (7) after “functions” insert “except its building functions”.

6 In section 27 (information powers) after subsection (4) insert—

“(5) In this section any reference to the Executive’s functions does not include its building functions.”

7 In section 53 (general interpretation) at the appropriate place insert—

• ““the building enactments” means the provisions of, and of instruments made under—

  (a)

  the Building Act 1984, and

  (b)

  Parts 2 and 4 of the Building Safety Act 2022;”;

• ““building function” has the meaning given by section 3 of the Building Safety Act 2022;”.

8 (1) Schedule 2 (constitution of the Executive) is amended as follows.

(2) In paragraph 2(3)(d)(iii) at the end insert “, building safety, building standards or fire safety.”

(3) In paragraph 9(3)(b) after “provisions” insert “, or the building enactments,”.

(4) In paragraph 12(2)—

(a) after “Executive” insert “or signed on its behalf”;

(b) after “so executed” insert “or signed”.