The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023

CHAPTER 4 Termination of membership

Grounds for revocation of membership

24.—(1) The Secretary of State may revoke any member’s membership of the scheme where—

(a) the member (“M”, in this regulation and in regulations 25 to 27) has failed to comply with any of the membership conditions in regulation 21(2)(a) to (e) or with any other requirement of the Self Remediation Terms, and that failure is material or persistent;

(b) M has failed without reasonable excuse to comply with a request for information under regulation 22;

(c) M has provided information to the Secretary of State in an application for membership of the scheme or in response to a request for information under regulation 22 and M—

(i) knew the information to be false or misleading in a material respect, or

(ii) provided such information recklessly, and the information is false or misleading in a material respect;

(d) M has failed to comply with regulation 23.

(2) Nothing in paragraph (1) may be taken to mean that the Secretary of State may only revoke a member’s membership of the scheme where a right to terminate a Self Remediation Contract arises under and in accordance with the Self Remediation Terms or is otherwise available at law.

Warning of revocation of membership

25.—(1) Where the Secretary of State considers that one or more of the grounds for revocation of M’s membership of the scheme under regulation 24(1) exist, the Secretary of State may give M a notice (“a warning notice”) stating that the Secretary of State is proposing to start the procedure for revocation of M’s membership in accordance with regulation 26.

(2) The warning notice must specify—

(a) the reasons—

(i) why the Secretary of State considers that there are grounds to revoke M’s membership;

(ii) if the Secretary of State proposes to impose conditions under paragraph (3), why the Secretary of State proposes to do so;

(b) a period of 28 days after the day on which the warning notice is given (“the representation period”), within which M may make representations to the Secretary of State, and

(c) where the Secretary of State publishes a list under regulation 20(5), that M’s name will be included on that list and the date from which M is to be included on that list.

(3) The conditions which may be specified in the warning notice are conditions which would allow M to continue as a member of the scheme, if complied with in the period specified in the notice (“the compliance period”).

(4) If M makes any representations to the Secretary of State during the representation period, the Secretary of State must, at the end of that period, after considering M’s representations, decide whether to—

(a) withdraw the warning notice and remove M’s name from any list published under regulation 20(5);

(b) confirm the warning notice but vary any conditions which have been specified including by varying the compliance period;

(c) confirm the warning notice as first given to M.

(5) The Secretary of State must give M notice in writing of the decision taken under paragraph (4).

(6) Where the warning notice contains conditions under paragraph (3), the notice of the Secretary of State’s decision under paragraph (5) must—

(a) confirm which conditions are to apply, and

(b) state the date from which the conditions come into effect and from which the compliance period will run.

Procedure for revocation of membership

26.—(1) Where the Secretary of State considers that one or more of the grounds for revocation of M’s membership of the scheme under regulation 24(1) exist, and the Secretary of State proposes to revoke M’s membership of the scheme, a notice must be given to M specifying—

(a) the grounds for the revocation of M’s membership;

(b) the reasons why the Secretary of State considers that those grounds exist;

(c) a period of 28 days after the date on which the notice is given, within which M may make representations to the Secretary of State (“the representation period”);

(d) where M was given a warning notice under regulation 25 specifying conditions under regulation 25(3), and that notice was not withdrawn, the reasons why the Secretary of State considers that M has not satisfied the conditions in the warning notice.

(2) The Secretary of State—

(a) may not take the final decision to revoke M’s membership of the scheme until the representation period has expired, and

(b) must take any representations made during the representation period into account, and may, in the Secretary of State’s discretion, take into account any representations made after the end of that period, in taking that decision.

(3) The Secretary of State must make a final decision and may revoke M’s membership where one or more of the grounds for revocation of M’s membership of the scheme in regulation 24(1) exist.

(4) The Secretary of State must give M notice of a final decision, and where the decision is to revoke M’s membership, that notice must—

(a) set out the reasons for the decision,

(b) state the date on which the revocation of M’s membership takes effect, and

(c) inform M that M’s name and the names of persons controlled by M will from that date be included on the prohibitions list.

(5) The Secretary of State may issue a notice under paragraph (1) whether or not the Secretary of State has previously given M a warning notice under regulation 25.

Ending membership otherwise than by revocation

27.—(1) The Secretary of State may end M’s membership of the scheme where M has substantially satisfied all of M’s obligations under these Regulations and the Self Remediation Terms.

(2) Where M’s membership has ended under paragraph (1), M’s name and the names of persons controlled by M must not be included in the prohibitions list and M and those persons are not subject to the prohibitions in Part 3.