Part IVGeneral
F1Higher-risk buildings etc
120HAdvice about regulations under section 120D
1
Subsections (2) to (5) apply if the Secretary of State asks the regulator for advice as to whether a specified description of building should be a higher-risk building for the purposes of this Act as it applies in relation to England.
2
The regulator must consider whether the following conditions are met—
a
the first condition is that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description;
b
the second condition is that, if the risk materialised as regards a building of that description, it would have the potential to cause a major incident;
c
the third condition is that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England.
3
The regulator must—
a
if the conditions mentioned in subsection (2) are met, recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England;
b
otherwise, recommend to the Secretary of State that buildings of that description should not be higher-risk buildings for those purposes.
4
The regulator must give the Secretary of State a statement of its assessment of the issues it considered in relation to the recommendation under subsection (3).
5
If, following a recommendation under subsection (3)(a), the Secretary of State decides not to make regulations under section 120D giving effect to the recommendation, the Secretary of State must publish a document setting out—
a
the regulator’s recommendation,
b
the Secretary of State’s decision not to make the regulations, and
c
the reasons for that decision.
6
If requested, the regulator must provide advice to the Secretary of State as to whether a specified description of building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England.
7
In this section—
“building safety risk” has the meaning given by section 120G;
“major incident” has the meaning given by that section;
“specified” means specified in the request.
Ss. 120D-120I and cross-heading inserted (28.6.2022 so far as it relates to ss. 120D-120H, 9.12.2022 so far as it relates to s. 120I) by Building Safety Act 2022 (c. 30), ss. 31, 170(4)(a)(c); S.I. 2022/561, reg. 3(d); S.I. 2022/1287, reg. 2(a)