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Building Safety Act 2022

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Changes over time for: Section 59

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This version of this provision is prospective. Help about Status

Changes to legislation:

Building Safety Act 2022, Section 59 is up to date with all changes known to be in force on or before 26 November 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. Help about Changes to Legislation

Prospective

59Crown applicationE+W

This section has no associated Explanatory Notes

In Part 5 of the Building Act 1984 before section 132 insert—

131ACrown application

(1)The following provisions bind the Crown—

(a)Part 1 except sections 35B to 37, 39A and 40;

(b)Part 2;

(c)Part 2A except sections 58I to 58K, 58U, 58V and 58Z4 to 58Z6;

(d)Part 4 so far as it relates to a provision within any of the preceding paragraphs.

(2)No contravention by the Crown of a provision within subsection (1)(a) to (d) makes the Crown criminally liable.

(3)Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

(4)Subsection (5) applies where—

(a)a contravention of a provision within subsection (1)(a) or (b), or of Part 4 so far as it relates to such a provision, occurs in relation to a building or proposed building for which a local authority is the building control authority, or

(b)a contravention of a provision within subsection (1)(c), or of Part 4 so far as it relates to such a provision, occurs in relation to Wales,

and the Crown would, but for subsection (2), be criminally liable under this Act in respect of the contravention.

(5)The High Court may, on the application of—

(a)the local authority (in a case within subsection (4)(a)), or

(b)the Welsh Ministers (in a case within subsection (4)(b)),

declare unlawful the act or omission constituting the contravention.

(6)In this section a reference to a provision includes any instrument made under it.

(7)For the application to the Crown of Part 3, and Part 4 so far as it relates to that Part, see section 87.

Commencement Information

I1S. 59 not in force at Royal Assent, see s. 170(4)(c)

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