Schedules
Schedule 5Minor and consequential amendments in connection with Part 3
Part 1Amendments of the Building Act 1984
I156
After section 91A insert—
91BCooperation and the sharing of information: Wales
1
Relevant persons (as defined by subsection (7)) must cooperate with each other in the exercise of any of the following functions—
a
any function of a local authority under this Act,
b
any function of a Welsh fire and rescue authority under—
i
section 6 or 7 of the Fire and Rescue Services Act 2004, or
ii
the Regulatory Reform (Fire Safety) Order 2005, and
c
any function of a fire inspector under that Order.
2
A relevant person may disclose information held in connection with any of their relevant functions to another relevant person for the purposes of a relevant function of either of them.
3
The Welsh Ministers and a relevant person must cooperate with each other in the exercise of any of the following functions—
a
a function of the Welsh Ministers under Part 2A;
b
a function mentioned in the relevant paragraph of subsection (1).
4
The Welsh Ministers may disclose information held in connection with a function under Part 2A to a relevant person for the purposes of—
a
a function of the Welsh Ministers under Part 2A, or
b
a function mentioned in the relevant paragraph of subsection (1).
5
A relevant person may disclose information held in connection with a function mentioned in the relevant paragraph of subsection (1) to the Welsh Ministers for the purposes of—
a
a function mentioned in the relevant paragraph of subsection (1), or
b
a function of the Welsh Ministers under Part 2A.
6
In subsections (3) to (5) “the relevant paragraph” of subsection (1), in relation to a kind of relevant person, means the paragraph of subsection (1) relating to a relevant person of that kind.
7
In this section—
“fire inspector” means an inspector or assistant inspector appointed under section 28(1) of the Fire and Rescue Services Act 2004;
“relevant person” means a local authority in Wales, Welsh fire and rescue authority or fire inspector;
“relevant function” means—
- a
in relation to a local authority, any function of a local authority under—
- i
the Prevention of Damage by Pests Act 1949,
- ii
Part 2 of the Public Health Act 1961,
- iii
Part 11 of the Local Government (Miscellaneous Provisions) Act 1982,
- iv
Part 3 of the Environmental Protection Act 1990,
- v
Parts 1 to 4 of the Housing Act 2004, or
- vi
this Act,
or any prescribed function of a local authority;
- b
in relation to a Welsh fire and rescue authority, any function of such an authority under—
- i
the Fire and Rescue Services Act 2004, or
- ii
the Regulatory Reform (Fire Safety) Order 2005,
or any prescribed function of such an authority;
- c
in relation to a fire inspector, any function of a fire inspector under the Regulatory Reform (Fire Safety) Order 2005;
“Welsh fire and rescue authority” means a fire and rescue authority, within the meaning of Part 1 of the Fire and Rescue Services Act 2004, for an area in Wales.
8
Except as provided by subsection (9), the disclosure of information under this section does not breach—
a
any obligation of confidence owed by the person making the disclosure, or
b
any other restriction on the disclosure of information (however imposed).
9
This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).