Part 2The regulator and its functions

Committees

I1I211Residents’ panel

1

The regulator must exercise its powers under section 11A(3) of the Health and Safety at Work etc Act 1974 to establish and maintain a committee with the functions mentioned in this section (and any other function that the regulator considers appropriate).

2

The committee is to consist of—

a

such residents of higher-risk buildings as the regulator considers appropriate, and

b

such relevant persons (if any) as it considers appropriate.

3

The regulator must take all reasonable steps to ensure that the committee includes—

a

one or more residents of a higher-risk building who are disabled,

b

a body that represents, supports or promotes the interests of any description of disabled people that includes residents of higher-risk buildings, or

c

a member of a body within paragraph (b).

4

The committee is to give advice to the regulator about such matters connected with the regulator’s building functions and relating to higher-risk buildings as the regulator may specify.

5

The regulator must consult the committee before issuing or revising any of the following—

a

guidance to residents of higher-risk buildings about any of their rights or obligations under Part 4 or regulations made under that Part;

b

guidance relating to any duty under regulations made under section 89 to give information or documents to residents of higher-risk buildings or owners of residential units in such buildings;

c

guidance relating to any of sections 91 to 93 or 95 or regulations made under any of those sections (engagement with residents etc, and residents’ duties).

6

If the committee has not been established at a time when the regulator has prepared guidance to which subsection (5) applies—

a

that subsection has effect as if it did not require the committee to be consulted before the guidance is issued, and

b

the committee must be consulted in relation to the issued guidance as soon as reasonably practicable.

7

See also—

a

section 17(3) (duty to consult committee about regulator’s strategic plan);

b

section 94(2) (duty to consult committee about regulator’s complaints system).

8

In this section—

  • “higher-risk building” has the same meaning as in Part 4 (see section 65);

  • “relevant person” means—

    1. a

      an owner of a residential unit in a higher-risk building,

    2. b

      a body that represents, supports or promotes—

      1. i

        the interests of any description of residents of higher-risk buildings or owners of residential units in such buildings, or

      2. ii

        the interests of any description of persons that includes a description of such residents or owners, or

    3. c

      a member of a body within paragraph (b).