- Latest available (Revised)
- Original (As enacted)
Building Safety Act 2022, Section 45 is up to date with all changes known to be in force on or before 17 August 2024. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The Building Act 1984 is amended as follows.
(2)In section 116 (power to transfer local authority functions to appropriate national authority)—
(a)in the heading for “Secretary of State” substitute “appropriate national authority”;
(b)in subsection (1)—
(i)for “Secretary of State” substitute “appropriate national authority”;
(ii)for “he” substitute “it”;
(c)in subsection (2)—
(i)for “Secretary of State” substitute “appropriate national authority”;
(ii)for the words from “make an order” to the end substitute “make a transfer order in respect of the body in default.”;
(d)after subsection (2) insert—
“(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.”
(3)In section 117 (expenses)—
(a)in the heading for “Secretary of State” substitute “appropriate national authority”;
(b)before subsection (1) insert—
“(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.”;
(c)in subsection (1)—
(i)for the words before paragraph (a) substitute “The amount of any expenses certified by the appropriate national authority as having been incurred by the authority in discharging the transferred functions”;
(ii)in paragraph (a) for “him” substitute “the authority”;
(iii)in paragraph (b) for the words from “him” to the end substitute “the authority from the body as a debt due to the authority”;
(d)in subsection (2) for “Secretary of State” substitute “appropriate national authority”.
(4)In section 118 (variation or revocation of transfer order)—
(a)in subsection (1)—
(i)for “Secretary of State” substitute “appropriate national authority”;
(ii)for “an order under section 116(2)” substitute “a transfer order under section 116”;
(iii)for “he” substitute “it”;
(b)after subsection (1) insert—
“(1A)The Secretary of State must consult the regulator before making an order under subsection (1).”;
(c)in subsection (2)—
(i)for “Secretary of State” substitute “appropriate national authority”;
(ii)for “him”, in the first place it occurs, substitute “it”;
(iii)for the words from “by him” to the end substitute “, by the person to whom the revoked order transferred functions, in discharging those functions.”
Commencement Information
I1S. 45 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)
I2S. 45 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(d) (with reg. 3)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: