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Building Act 1984

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Changes over time for: Section 58U

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Building Act 1984, Section 58U is up to date with all changes known to be in force on or before 05 March 2025. 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

[F158USanctions for contravention of professional conduct rulesE+W

(1)If following an investigation under section 58T the regulatory authority determines that a person who is a registered building control approver has contravened the professional conduct rules, the authority may make one or more disciplinary orders.

(2)A disciplinary order is an order—

(a)requiring the person to pay a financial penalty of an amount specified in the order,

(b)varying the person’s registration in a way specified in the order,

(c)suspending the person’s registration for a period specified in the order, or

(d)cancelling the person’s registration from a date specified in the order.

(3)Varying the person’s registration means varying any of the matters listed in section 58O(3) (limitations and conditions).

(4)Where the regulatory authority makes a disciplinary order it must as soon as reasonably practicable—

(a)give a copy of the order to the person concerned, and

(b)in prescribed cases, give a copy of the order—

(i)to each local authority in England, where the regulatory authority is the regulator, or

(ii)to each local authority in Wales, where the regulatory authority is the Welsh Ministers.

(5)The person may appeal to the appropriate court or tribunal against a disciplinary order under this section.

(6)A disciplinary order under subsection (2)(a) or (b) has no effect until—

(a)the end of the period within which an appeal may be brought, or

(b)if an appeal is brought before the end of that period, the determination of the appeal.

(7)Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a).

(8)A person whose registration is suspended by an order under subsection (2)(c) is a registered building control approver for the purposes of this Part.

(9)See section 58Z6(2) for further provision about cancellation of a person’s registration as a building control approver.]

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)

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