F1Part 2AREGULATION OF BUILDING CONTROL PROFESSION

Annotations:
Amendments (Textual)
F1

Pt. 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)

Operational standards rules

58Z4Improvement notice

1

The regulatory authority may give an improvement notice to a local authority or a registered building control approver if it appears to the regulatory authority (following an investigation under section 58Z3 or otherwise) that the local authority or registered building control approver has contravened operational standards rules.

2

An improvement notice is a notice requiring the local authority or registered building control approver to remedy the contravention by doing, or by refraining from doing, anything specified in the order.

3

An improvement notice may have effect—

a

until it is revoked, or

b

for a period specified in the notice.

4

Where the regulatory authority gives an improvement notice, it must also give the local authority or registered building control approver a statement of the reasons for giving the notice.

5

Where the regulatory authority gives an improvement notice to a registered building control approver, in prescribed cases it must as soon as reasonably practicable provide copies of the notice and the statement—

a

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

b

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

6

Where the regulatory authority giving an improvement notice is the regulator, it must as soon as reasonably practicable provide copies of the notice and the statement of reasons to the Secretary of State.

7

The local authority or registered building control approver to whom the improvement notice is given may appeal to the appropriate court or tribunal against the notice.