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The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023
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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 No. 753
Application following revocation of membership
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18.—(1) A person (“N”) whose membership of the scheme has been revoked by the Secretary of State in accordance with regulation 26 may notify the Secretary of State in writing that it wishes to apply to become a member of the scheme.
(2) A notice under paragraph (1)—
(a)must describe how N proposes to rectify the matters which led to N’s membership being revoked if N’s membership of the scheme is restored, providing evidence to support that contention;
(b)must provide evidence of steps already taken to rectify those matters;
(c)if N has ceased to be subject to the Self Remediation Terms, must state that N is willing to enter into a Self Remediation Contract.
(3) Following receipt of a notice under paragraph (1), if the Secretary of State is satisfied that—
(a)the proposals contained in the notice for the purposes of paragraph (2)(a) are sufficient and appropriately evidenced;
(b)N has taken reasonable steps to rectify the matters which led to N’s membership being revoked; and
(c)where relevant, the request contains the statement required by paragraph (2)(c),
the Secretary of State must give notice to N inviting N to apply to become a member of the scheme.
(4) The notice given under paragraph (3) must contain a statement that until N has entered into a Self Remediation Contract (if N has ceased to be subject to the Self Remediation Terms), and has become a member of the scheme—
(a)N’s name, and the names of persons controlled by N, will not be removed from the prohibitions list; and
(b)the prohibitions in Part 3 applicable to persons on the prohibitions list will continue to apply.
(5) On receipt of the notice referred to in paragraph (3), to join the scheme N must—
(a)enter into a new Self Remediation Contract, if N has ceased to be subject to the Self Remediation Terms; and
(b)make an application for membership of the scheme in accordance with paragraph (6).
(6) An application for membership must—
(a)be made in writing,
(b)set out the date on which the applicant entered into a Self Remediation Contract, and
(c)contain such other information as the Secretary of State may direct.
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