Building Safety Act 2022

77 E+W After section 120 insert—

“120A Regulations

(1) This section applies to regulations under section 54A, 55, 56A, 56B, 90A, 91A, 92, 105B, 105C, 120D, 120I or 125A.

(2) A power to make regulations includes power to make—

(a) consequential, supplementary, incidental, transitional, transitory or saving provision;

(b) different provision for different purposes or for different areas.

(3) Regulations may describe a building by reference to its height, size, design, use, purpose or any other characteristic.

(4) Regulations under section 54A may make such consequential amendments of this Act as the appropriate national authority considers appropriate.

(5) Regulations under section 90A may make such consequential amendments of this Act as the Secretary of State considers appropriate.

(6) Regulations are to be made by statutory instrument.

(7) A statutory instrument containing (whether alone or with other provision)—

(a) regulations under section 54A, 90A, 105C or 125A, or

(b) regulations under section 120D(2)(b) or (6), or regulations made by virtue of section 120D(4)(c),

may not be made by the Secretary of State unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(8) Any other statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

(9) A statutory instrument containing (whether alone or with other provision) regulations under section 54A, 120I(2) or 125A may not be made by the Welsh Ministers unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(10) Any other statutory instrument containing regulations made by the Welsh Ministers is subject to annulment in pursuance of a resolution of Senedd Cymru.

120B Proposals and consultation relating to regulations made by the Secretary of State

(1) The regulator may at any time make proposals to the Secretary of State for the making of regulations under this Act.

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

(3) Before making any regulations under this Act, other than regulations proposed by the regulator, the Secretary of State must consult—

(a) the regulator, and

(b) any other person that the Secretary of State considers appropriate.

(4) This section does not apply in relation to regulations under section 120D.

120C Consultation relating to regulations made by the Welsh Ministers

(1) Before making any regulations under this Act except building regulations or regulations under section 120I, the Welsh Ministers must consult such persons as they consider appropriate.

(2) Before making any regulations under section 120I, the Welsh Ministers must consult—

(a) the Building Regulations Advisory Committee for Wales, and

(b) any other person that the Welsh Ministers consider appropriate.

(3) See also section 14 (consultation requirements for building regulations).”

Commencement Information

I1 Sch. 5 para. 77 not in force at Royal Assent, see s. 170(4)(a)(v)(b)(viii)(c)

I2 Sch. 5 para. 77 in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 40

I3 Sch. 5 para. 77 in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 41

I4 Sch. 5 para. 77 in force at 9.12.2022 for specified purposes for W. by S.I. 2022/1287, reg. 2(c)(ii)

I5 Sch. 5 para. 77 in force at 1.4.2023 except in relation to W. by S.I. 2023/362, reg. 2(2)(b) (with reg. 5(1))