The Building Safety Act 2022 (Consequential Amendments) (Approved Inspectors) (Wales) Regulations 2022

Amendment of the Building (Approved Inspectors etc.) Regulations 2010

2.—(1) The Building (Approved Inspectors etc.) Regulations 2010(1) are amended as follows.

(2) Omit regulation 5A (approved inspector’s insurance)(2).

(3) In regulation 7 (lists of approvals and designations)(3)—

(a) for paragraph (1)(c) substitute—

“(c) in relation to Wales, in respect of each approved inspector listed, keep a copy of the approval certificate.”;

(b) for paragraph (3)(b) substitute—

“(b) in relation to Wales, in respect of each approved inspector listed, keep a copy of the approval certificate;”.

(4) In regulation 9 (independence of approved inspectors) for paragraph (4)(c) substitute—

“(c) in relation to Wales, potential liability to pay any sum if a claim is made under any insurance cover,”.

(5) In Schedule 1(4) (forms)—

(a) In Form 1 (initial notice) for paragraph 13 substitute—

“13   A copy of the notice of approval as an approved inspector under regulation 5 of the 2010 Regulations in relation to the work described in this initial notice is on the register kept by the body designated under regulation 3 of the 2010 Regulations.”;

(b) In Form 2 (amendment notice) for paragraph 13 substitute—

“13   A copy of the notice of approval as an approved inspector under regulation 5 of the 2010 Regulations in relation to the work described in the initial notice (as varied by this amendment notice) is on the register kept by the body designated under regulation 3 of the 2010 Regulations.”;

(c) In Form 3 (plans certificate) for paragraph 3 substitute—

“3   A copy of the notice of approval as an approved inspector under regulation 5 of the 2010 Regulations in relation to the work described in this plans certificate is on the register kept by the body designated under regulation 3 of the 2010 Regulations.”;

(d) In Form 4 (combined initial notice and plans certificate) for paragraph 17 substitute—

“17   A copy of the notice of approval as an approved inspector under regulation 5 of the 2010 Regulations in relation to the work described in this initial notice is on the register kept by the body designated under regulation 3 of the 2010 Regulations.”;

(e) In Form 5 (final certificate) for paragraph 6 substitute—

“6   A copy of the notice of approval as an approved inspector under regulation 5 of the 2010 Regulations in relation to the work described in this final certificate is on the register kept by the body designated under regulation 3 of the 2010 Regulations.”

(6) In Schedule 2 (grounds for rejecting an initial notice, an amendment notice, or a plans certificate combined with an initial notice) omit paragraph 6(5).

(7) In Schedule 3 (grounds for rejecting a plans certificate etc.) omit paragraph 6.

(8) In Schedule 4 (grounds for rejecting a final certificate) omit paragraph 5.

(1)

S.I. 2010/2215, relevant amending instruments are S.I. 2012/3119 (W. 5), 2013/747 (W. 89), 2014/58 (W. 5), 2015/767 and 2018/558 (W. 97).

(2)

Regulation 5A was inserted by S.I. 2012/3119 in relation to excepted energy buildings in Wales and by S.I. 2014/58 (W. 5) in relation to Wales other than in relation to excepted energy buildings. S.I. 2018/558 (W. 97) made amendments to regulation 5A so far as it applies to excepted energy buildings in Wales.

(3)

Regulation 7 was amended in relation to excepted energy buildings in Wales by S.I. 2012/3119 and 2018/558 (W. 97) and in relation to Wales other than in relation to excepted energy building by S.I. 2014/58.

(4)

Relevant amend instruments are S.I. 2014/58 (W. 5) and, in relation to excepted energy buildings in Wales regulation 22 of S.I. 2018/558 (W. 97), which substituted forms 1 to 12 as they apply to buildings in Wales other than to excepted energy buildings so that those forms also apply to excepted energy buildings in Wales.

(5)

Paragraphs 6 of Schedules 2 and 3 and paragraph 5 of Schedule 4 were amended in relation to excepted energy building in Wales by S.I. 2012/3119 and 2018/558 (W. 97) and in relation to Wales other than to excepted energy buildings by S.I. 2014/58 (W. 5).