Building Safety Act 2022

53 Information E+W

(1) After section 56 of the Building Act 1984 insert—

“56A Giving information by electronic means: England

(1) The regulator must establish and maintain a facility (the “facility”) to enable a specified person to give specified relevant information to another person by electronic communication.

(2) The Secretary of State may by regulations require or authorise a specified person to use the facility when giving specified relevant information to another person.

(3) Any information given to a person in accordance with regulations made under subsection (2) is to be treated for the purposes of section 56B (requirement to keep register) as also having been given to the regulator.

(4) Regulations under this section may require a person who is given specified relevant information otherwise than through the facility to give that information to the regulator using the facility.

(5) Regulations under this section may make provision treating specified relevant information that is given using the facility as having been given in the prescribed form for the purposes of this Part.

(6) In this section—

• “relevant information” means information that is required or authorised to be given by this Part or regulations made under it;

• “specified” means specified in regulations made by the Secretary of State under this section.

(7) In this section and section 56B—

• “information” includes documents;

• “documents” includes notices, certificates, orders, consents, demands and plans.

(8) The Secretary of State may make regulations under this section only in relation to England.

56B Requirement to keep register: England

(1) The regulator must keep a register of specified relevant information.

(2) The information that may be specified for the purposes of subsection (1) includes in particular information given, or treated as having been given, to the regulator using the facility established under section 56A(1).

(3) The regulator—

(a) must maintain the register in electronic form;

(b) must ensure that any specified parts of the register are available for inspection by members of the public;

(c) must, in specified circumstances, provide to members of the public, on request, copies of information kept in the register.

(4) In this section—

• “relevant information” means information that is required or authorised to be given by this Part or regulations made under it;

• “specified” means specified in regulations made by the Secretary of State under this section.

(5) The Secretary of State may make regulations under this section only in relation to England.

56C Delegation of functions

(1) The regulator may by written notice delegate to a person, to such extent and subject to such conditions as the regulator considers appropriate, the functions conferred on the regulator by—

(a) section 56A(1);

(b) section 56B(1) and (3) (including the ability to charge fees in connection with the exercise of those functions).

(2) In subsection (1) “fees” means fees that are prescribed by, or determined by the regulator in accordance with, regulations under section 105B.

(3) The regulator may delegate different functions to different persons under subsection (1).

(4) The regulator may delegate functions under subsection (1) only with the consent of the Secretary of State.

(5) The regulator may revoke a delegation of functions to a person by giving a written notice to the person.

(6) The regulator may revoke a delegation under subsection (5) only with the consent of the Secretary of State.

(7) Schedule 3 to the Building Safety Act 2022 (information sharing) applies as if references to the regulator included references to a person to whom the regulator has delegated functions under subsection (1)(b).”

(2) In section 55 of the Building Act 1984 (appeals), after subsection (3) insert—

“(4) On an appeal under subsection (1), the local authority must give the specified information to the regulator.

(5) In this section “specified” means specified in regulations made by the Secretary of State under this section.

(6) The Secretary of State may make regulations under this section only in relation to England.”

(3) In section 56 of the Building Act 1984 (recording and furnishing of information)—

(a) in subsection (1)—

(i) after “authority” insert “in Wales”;

(ii) after “public body’s notices” insert “, transfer reports”;

(iii) after “such notices” insert “, reports”;

(b) in subsection (3), after “plans certificates, final certificates” insert “, transfer certificates”;

(c) in subsection (4), after “section” insert “by a local authority in Wales”.

Commencement Information

I1 S. 53 not in force at Royal Assent, see s. 170(4)(b)(vii)(c)

I2 S. 53 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(v)

I3 S. 53(2)(3)(a)(ii)(iii)(b) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(ix) (with regs. 3, 4, 8-12)

I4 S. 53(2)(3)(a)(ii)(iii)(b) in force at 6.4.2024 in force in so far as not already in force except in relation to W. by S.I. 2024/104, reg. 2(i) (with reg. 3)