Building Safety Act 2022 (c. 30)

Part 2 U.K. The regulator and its functions

Enforcement E+W

22 Authorised officers E+W

(1) The regulator may authorise a person in relation to specified paragraphs of Schedule 2 (investigatory powers), for the purposes of any specified relevant building function.

(2) A person may be authorised in relation to a paragraph of the Schedule only if they appear to the regulator to be suitably qualified to exercise any power conferred by virtue of that paragraph or do anything else mentioned in that paragraph.

(3) An authorisation—

(a) must be in writing;

(b) may be varied or revoked by an instrument in writing.

(4) When exercising or seeking to exercise a power conferred by virtue of Schedule 2, an authorised officer must if asked produce the authorisation (including any instrument varying it) or a duly authenticated copy.

(5) In this section—

• “authorised officer” means a person in respect of whom an authorisation under this section is in force;

• “relevant building function” means any function of the regulator under, or under an instrument made under—

  (a)

  Part 4 of this Act (higher-risk buildings), or

  (b)

  the Building Act 1984;

• “specified” means specified in the authorisation.

Commencement Information

I1 S. 22 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I2 S. 22 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(g)

23 Authorised officers: offences E+W

(1) A person who intentionally obstructs a person who is an authorised officer exercising a relevant building function commits an offence.

(2) A person who, with intent to deceive, impersonates an authorised officer commits an offence.

(3) In this section—

• “authorised officer” means a person in respect of whom an authorisation under section 22 is in force;

• “relevant building function” has the meaning given by that section.

(4) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine.

Commencement Information

I3 S. 23 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I4 S. 23 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(h)

24 Provision of false or misleading information to regulator E+W

(1) A person commits an offence if they provide false or misleading information to the regulator—

(a) in purported compliance with a building enactment or a requirement imposed by virtue of such an enactment,

(b) in connection with an application made to the regulator under a building enactment, or

(c) for the purpose of avoiding enforcement action being taken or continued,

and the person knows that, or is reckless as to whether, the information is false or misleading.

(2) In this section—

• “building enactment” means any provision of, or of an instrument made under—

  (a)

  Part 2 or 4 of this Act, or

  (b)

  the Building Act 1984;

• “enforcement action” means action taken with a view to, or in connection with—

  (a)

  securing compliance with a building enactment or a requirement imposed by virtue of such an enactment, or

  (b)

  the imposition of a sanction in respect of a contravention of any such enactment or requirement.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

Commencement Information

I5 S. 24 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I6 S. 24 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(i)