Building Safety Act 2022

Valid from 28/06/2022

15 (1) Section 12 is amended as follows. E+W

(2) In subsections (1), (3), (7), (8), (9) and (11) and the heading, for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.

(3) In subsection (1) for “to him or of his” substitute “by any person (the “original applicant”) or of its”.

(4) In subsection (3) for “he” substitute “it”.

(5) In subsection (6)—

(a) for “Secretary of State”, in the first place it occurs, substitute “appropriate national authority”;

(b) for the words from “him” to the end substitute “it or of its own accord.”

(6) In subsection (7) for “(1) or (6) above” substitute “(1), (6) or (8)”.

(7) In subsection (8) for the words from “but” to the end substitute “either on an application or of the appropriate national authority’s own accord.”

(8) After subsection (8) insert—

“(8A) The regulator may at any time make a proposal to the Secretary of State for—

(a) the giving of an approval under subsection (1), or

(b) the varying or revocation of a certificate under subsection (6) or (8).

(8B) Before making a proposal, the regulator must consult—

(a) such persons as it considers appropriate, and

(b) if the proposal is to vary or revoke a certificate issued on an application under subsection (1), the original applicant.

(8C) Before giving an approval or varying or revoking a certificate under this section, unless acting on a proposal of the regulator, the Secretary of State must consult—

(a) the regulator,

(b) any other person the Secretary of State considers appropriate, and

(c) if varying or revoking a certificate issued on an application under subsection (1), the original applicant.

(8D) Before varying or revoking a certificate issued on an application under subsection (1), the Welsh Ministers must give the original applicant reasonable notice that they propose to do so (except in the case of a variation or revocation made on the application of that person).”

(9) In subsection (9) for “he”, in both places it occurs, substitute “it”.

(10) In subsection (10) for the words from “before that time” to the end substitute “an application for building control approval in relation to the proposed work was made before that time.”

Commencement Information

I1 Sch. 5 para. 15 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

I2 Sch. 5 para. 15(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 19

I3 Sch. 5 para. 15(2)-(5)(9) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 20