Building Safety Act 2022, Paragraph 5 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
5(1)Section 42 (appeal and statement of case to High Court in certain cases) is amended as follows.
(2)Before subsection (1) insert—
“(A1)Where the Secretary of State gives a decision on an application for a direction under section 8, any of the following may appeal to the High Court against the decision on a point of law—
(a)the applicant;
(b)the local authority;
(c)the registered building control approver.”
(3)In subsection (1)—
(a)for “Secretary of State gives” substitute “Welsh Ministers give”;
(b)for paragraph (b) (not including the “or” at the end) substitute—
“(b)on an appeal under section 50,”.
(4)In subsection (2) for paragraph (b) substitute—
“(b)as regards an appeal under section 50, the person on whose application the appeal was made,”.
(5)In subsection (3)—
(a)omit “, reference”;
(b)after “subsection” insert “(A1) or”;
(c)in paragraph (a) for “Secretary of State” substitute “appropriate national authority”.
(6)In subsection (4) for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.
(7)Omit subsection (7).
Commencement Information
I1Sch. 6 para. 5 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
I2Sch. 6 para. 5 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
I3Sch. 6 para. 5 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
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