[126BFunctions of the health and safety leadE+W
This section has no associated Explanatory Notes
(1)The functions of the health and safety lead for a registered provider are to—
(a)monitor the provider’s compliance with health and safety requirements;
(b)assess risks of failure to comply with health and safety requirements;
(c)notify the responsible body of the provider of—
(i)risks assessed under paragraph (b) of material failures by the provider to comply with health and safety requirements;
(ii)material failures by the provider to comply with health and safety requirements;
(d)provide advice to the responsible body as to how the provider should address risks and failures notified to the responsible body under paragraph (c) for the purpose of ensuring that the provider complies with health and safety requirements.
(2)In this Part, “health and safety requirement”, in relation to a registered provider, means a statutory requirement, so far as it—
(a)relates to the health or safety of tenants of social housing, and
(b)applies to the provider by virtue of being the provider of that social housing (including where it is expressed as applying to a landlord or employer or in some other way).
(3)In this section, “statutory requirement” means a requirement imposed by or by virtue of legislation and includes—
(a)an obligation under a covenant implied by or under legislation (such as a covenant under section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation of dwellings in England));
(b)a requirement imposed—
(i)by a notice given under legislation, or
(ii)by or as a result of other action (such as enforcement action mentioned in section 5(2) or 7(2) of the Housing Act 2004 (housing conditions: category 1 and 2 hazards)) taken under legislation.
(4)In subsection (3), “legislation” means any provision of or made under—
(a)an Act of Parliament, or
(b)a Measure or Act of Senedd Cymru.
(5)For the purposes of this section, the “responsible body” of a registered provider—
(a)in the case of a local authority which operates executive arrangements, is the executive;
(b)in the case of any other local authority, is the councillors;
(c)in the case of a private registered provider, has the meaning given by the following table—
Private registered provider | Meaning of “responsible body” |
---|
Registered charity which is not a registered company | Its charity trustees within the meaning given by section 177 of the Charities Act 2011 |
Registered society | Its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 |
Registered company | Its directors within the meaning given by section 250 of the Companies Act 2006 |
Limited liability partnership | Its members |
(See section 126A(4) for the meanings of terms used in paragraph (a).)]