Part 2The regulator and its functions
Staffing etc
I113Local authorities and fire and rescue authorities: assistance etc to regulator
1
A relevant authority may at the request of the regulator do anything for the purpose of—
a
facilitating the exercise by the regulator of a relevant function, or
b
enabling the relevant authority to facilitate the exercise by the regulator of a relevant function.
2
The regulator may, for a purpose mentioned in paragraph (a) or (b) of subsection (1), direct a relevant authority to do anything specified in the direction.
3
The direction may specify the way in which, and the time by which, the thing is to be done.
4
A direction—
a
may be given only if the regulator considers that it is expedient for the authority to do the specified thing, and
b
must state how, in the regulator’s opinion, the doing of the thing will facilitate the exercise of a relevant function or enable the authority to facilitate that exercise.
5
A direction may be given only with the consent of the Secretary of State.
6
Before giving a direction, the regulator must—
a
make a written request under subsection (1) for the authority to do the thing, and
b
have regard to any written representations made by the authority in the period specified in the request.
7
A request under subsection (6)(a) must—
a
state that the regulator may seek consent to give a direction under this section if the request is not complied with,
b
state how, in the regulator’s opinion, the doing of the thing will facilitate the exercise of a relevant function or enable the authority to facilitate that exercise, and
c
specify a reasonable period for the authority to make any representations as to why it should not do the thing requested.
8
In this section—
“relevant authority” means a local authority or fire and rescue authority;
“relevant function” means—
- a
a function of the regulator relating to—
- i
the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or
- ii
higher-risk building work (as defined by section 91ZA of the Building Act 1984), or
- i
- b
in the case of a local authority, a function of the regulator relating to the regulation of any work for which the regulator is the building control authority by virtue of section 91ZB of the Building Act 1984.
- a
9
A direction or consent under this section must be in writing.
I214FSO authorised persons: assistance etc to regulator
1
An FSO authorised person may at the request of the regulator do anything for the purpose of—
a
facilitating the exercise by the regulator of a relevant function, or
b
enabling FSO authorised persons to facilitate the exercise by the regulator of a relevant function.
2
In this section—
“FSO authorised person” means a person authorised as mentioned in article 25(1)(e) of the Regulatory Reform (Fire Safety) Order 2005;
“relevant function” means a function of the regulator relating to—
- a
the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or
- b
higher-risk building work (as defined by section 91ZA of the Building Act 1984).
- a
I315Provision of assistance etc: supplementary
1
This section supplements sections 13 and 14.
2
A relevant authority must ensure that any of its staff involved in providing relevant assistance to the regulator have the appropriate skills, knowledge, experience and behaviours.
3
For this purpose “relevant assistance” means anything done by the authority pursuant to a request or direction, for the purpose of facilitating the exercise by the regulator of a relevant function.
4
The Secretary of State may by regulations make provision about the reimbursement by the regulator of expenditure incurred by relevant authorities in complying with requests or directions.
5
The Secretary of State may pay a relevant authority such amount as the Secretary of State considers appropriate in respect of things done by the relevant authority in complying with a request or direction.
6
The Secretary of State may by regulations make further provision in relation to requests and directions, including in particular provision about—
a
things done by a relevant authority in connection with a request or direction;
b
things done by an FSO authorised person in connection with a request.
7
In this section—
“direction” means a direction given under section 13;
“FSO authorised person” has the meaning given by section 14;
“relevant authority” has the meaning given by section 13;
“relevant function” has the meaning given by section 13;
“request” means a request made under section 13 or 14.
I416Guidance about the provision of assistance
1
The regulator may issue guidance to—
a
relevant authorities about their functions under section 13;
b
FSO authorised persons about their functions under section 14.
2
The regulator may revise or withdraw any issued guidance.
3
A relevant authority must have regard to any guidance under this section when exercising its functions under section 13.
4
An FSO authorised person must have regard to any guidance under this section when exercising their functions under section 14.
5
Guidance under this section may be issued, revised or withdrawn only with the consent of the Secretary of State.
6
In this section—
“FSO authorised person” has the meaning given by section 14;
“relevant authority” has the meaning given by section 13.