- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, Section 33.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
33.—(1) Where there is a safety occurrence during the construction phase, a principal dutyholder must follow the reporting procedure on becoming aware of the occurrence.
(2) For the purposes of this regulation, “the reporting procedure” means—
(a)notifying the regulator of the safety occurrence by the quickest practicable means without undue delay, and
(b)providing a written report of the occurrence containing the required information (as set out in paragraph (3)) to the regulator within the period of 10 days beginning with the date the principal dutyholder becomes aware of the safety occurrence.
(3) The required information referred to in paragraph (2) is—
(a)the date and time of the safety occurrence;
(b)the address of the site at which the occurrence happened;
(c)the name, address, telephone number and (if available) an email address of the principal dutyholder making the report;
(d)the type and details of the occurrence (including the nature of the risk);
(e)details of remedial measures or mitigation carried out.
(4) Information provided by a person under the reporting procedure is not admissible in evidence against that person in criminal proceedings except—
(a)in proceedings for an offence under section 35 of the 1984 Act (offence of contravening building regulations etc) relating to breach of the duty in paragraph (1),
(b)in proceedings for an offence under section 24 of the 2022 Act (provision of false or misleading information to regulator),
(c)in proceedings for an offence of perverting the course of justice, or
(d)if in the proceedings—
(i)in giving evidence the person makes a statement inconsistent with the information, and
(ii)evidence as to the information that was provided is adduced, or a question relating to it is asked, by or on behalf of the person.
(5) The requirements of this regulation do not apply to work to existing HRB which consists only of—
(a)exempt work, or
(b)work to which regulation 10 (notification of emergency repairs to existing HRB) applies.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: