Part 2The regulator and its functions

The regulator and its general functions

2The building safety regulator

1

In this Part “the regulator” means the Health and Safety Executive.

2

Schedule 1 contains amendments of provisions of the Health and Safety at Work etc Act 1974 that relate to the regulator.

3The regulator: objectives and regulatory principles

1

The regulator must exercise its building functions with a view to—

a

securing the safety of people in or about buildings in relation to risks arising from buildings, and

b

improving the standard of buildings.

2

In exercising a building function (other than an excepted function), the regulator must have regard to the following principles—

a

regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent, and

b

regulatory activities should be targeted only at cases in which action is needed.

3

The duty in subsection (2) is subject to any other requirement affecting the exercise of the function.

4

In subsection (2) “excepted function” means—

a

a function under any of sections 4 to 6, or

b

a function of the regulator under the Health and Safety at Work etc Act 1974 so far as relating to any such function.

5

In this Part “building function” means—

a

any function of the regulator under, or under an instrument made under, this Act or the Building Act 1984;

b

any prescribed function of the regulator;

c

any function of the regulator under the Health and Safety at Work etc Act 1974 so far as relating to a function within paragraph (a) or (b).

4Duty to facilitate building safety: higher-risk buildings

1

The regulator must provide such assistance and encouragement to relevant persons as it considers appropriate with a view to facilitating their securing the safety of people in or about higher-risk buildings in relation to building safety risks as regards those buildings.

2

The assistance and encouragement that must be provided under subsection (1) includes, in particular, assistance and encouragement with a view to facilitating securing the safety of disabled people in or about higher-risk buildings in relation to building safety risks as regards those buildings.

3

For this purpose “relevant persons” means—

a

residents of higher-risk buildings within the meaning of Part 4,

b

owners of residential units in such buildings,

c

persons who are accountable persons within the meaning of Part 4, and

d

persons upon whom duties are imposed by virtue of paragraph 5B of Schedule 1 to the Building Act 1984 (dutyholders).

4

In subsections (1) and (2)—

  • “building safety risk” has the meaning given by section 62;

  • “disabled”: see section 30;

  • “higher-risk building” means—

    1. a

      a higher-risk building within the meaning of Part 4 (see section 65), or

    2. b

      a higher-risk building within the meaning of the Building Act 1984.

5

Parts 3 and 4 confer further functions on the regulator in relation to higher-risk buildings.

5Duty to keep safety and standard of buildings under review

The regulator must keep under review—

a

the safety of people in or about buildings in relation to risks as regards buildings, and

b

the standard of buildings.

6Facilitating improvement in competence of industry and building inspectors

1

The regulator must provide such assistance and encouragement as it considers appropriate to—

a

persons in the built environment industry, and

b

registered building inspectors,

with a view to facilitating their improving the competence of persons in that industry or members of that profession (as the case may be).

2

For the meaning of “the built environment industry” and “registered building inspector” see section 30.

7Proposals and consultation relating to regulations

1

This section applies to regulations under—

b

any provision of Part 4 except section 62, 65 or 68.

2

The regulator may at any time make proposals to the Secretary of State for the making of regulations.

3

Before making a proposal, the regulator must consult such persons as it considers appropriate.

4

Before making regulations, other than regulations proposed by the regulator, the Secretary of State must consult—

a

the regulator, and

b

such other persons as the Secretary of State considers appropriate.

8Duty to establish system for giving of building safety information

1

The regulator must make arrangements for a person to establish and operate a voluntary occurrence reporting system.

2

A “voluntary occurrence reporting system” is a system to facilitate the voluntary giving of information about building safety to the person who operates the system.