[F1Part 2AE+WREGULATION OF BUILDING CONTROL PROFESSION

Textual Amendments

F1Pt. 2A inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 for specified purposes except in relation to W, 1.1.2024 for W. for specified purposes, 1.1.2024 for specified purposes, 6.4.2024 in force in so far as not already in force except in relation to W., 6.4.2024 for the insertion s. 58Z2, 6.4.2024 for W. for all remaining purposes, except so far as it relates to ss. 58Z7, 58Z10) by Building Safety Act 2022 (c. 30), ss. 42, 170(4); S.I. 2023/362, reg. 3(1)(s); S.I. 2023/914, regs. 2(b)(viii), 4(a)(b) (with reg. 7); S.I. 2023/993, reg. 2(k); S.I. 2024/104, reg. 2(a) (with reg. 3); S.I. 2024/207, reg. 2(b)(d)(ii) (with regs. 3, 4, 8-12)

Registered building inspectorsE+W

58LOffences relating to registrationE+W

(1)A registered building inspector commits an offence if, without reasonable excuse, they carry out a restricted activity on behalf of a building control authority or a registered building control approver—

(a)in relation to work which is outside the scope of their registration, or

(b)while their registration is suspended.

(2)“Restricted activity”—

(a)in relation to a building control authority, has the meaning given by section 46A;

(b)in relation to a registered building control approver, has the meaning given by section 54B.

(3)A registered building inspector commits an offence if, without reasonable excuse—

(a)they give advice to a building control authority or registered building control approver—

(i)in relation to work which is outside the scope of their registration, or

(ii)while their registration is suspended, and

(b)they know, or ought to know, that the authority or approver is obtaining that advice for the purposes of section 46A or 54B (restricted functions).

(4)A registered building inspector commits an offence if, with intent to deceive, they do anything which implies that work which is outside the scope of their registration is within the scope of their registration.

(5)A registered building inspector whose registration is suspended commits an offence if, with intent to deceive, they do anything which implies that their registration is not suspended.

(6)For the purposes of this section, work is outside the scope of a registered building inspector’s registration if the inspector’s registration does not have effect in relation to work of that description.

(7)An offence under this section is punishable on summary conviction by a fine.]