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The Building (Registered Building Control Approvers etc.) (England) Regulations 2024
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- UK Statutory Instruments
- 2024 No. 110
- PART 8
- Regulation 45
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Transitional provisions: approved inspectors who did not become approversE+W
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45.—(1) Subject to paragraph (6), this regulation applies where an approved inspector who gave an initial notice before 6th April 2024 did not become a suitably qualified approver before that date.
(2) Where this regulation applies then, notwithstanding the revocations in regulation 43 (revocations), with effect from 6th April 2024, in relation to any building work in the initial notice referred to in paragraph (1) for which the approved inspector is not a suitably qualified approver, the AI Regulations continue to have effect until 1st October 2024 with the modifications in paragraph (3).
(3) The modifications referred to in paragraph (2) are that the AI Regulations have effect as if—
(a)the approved inspector were not permitted to give an initial notice on or after 6th April 2024 and accordingly regulation 10 (form, grounds and period for rejecting initial notices) and forms 1 and 4 (initial notice and combined initial notice) in Schedule 1 (forms) were omitted;
(b)in regulation 8 (functions of approvers) the reference to “Part 2A (dutyholders and competence)” were omitted;
(c)in relation to pre-1st October 2023 work—
(i)regulations 16B to 16E were omitted;
(ii)where an amendment notice is given by the approved inspector to vary the work described in the initial notice referred to in paragraph (1), in paragraph 4 of form 2 (amendment notice) in Schedule 1, sub-paragraph (g) were omitted;
(iii)where a final certificate is given by the approved inspector in relation to the work described in the initial notice referred to in paragraph (1), paragraphs 10A and 10B of form 5 (final certificates) in Schedule 1 were omitted.
(4) Subject to paragraph (5), for the purposes of this regulation, a person is not a suitably qualified approver—
(a)if they are not a registered building control approver in relation to any work, or
(b)in relation to the initial notice referred to in paragraph (1), if all of the building work described in the notice is of a type that is not within the scope of the registration of the registered building control approver.
(5) Where an approved inspector has become a registered building control approver before 6th April 2024 but, in relation to the initial notice referred to in paragraph (1), some of the building work described in the notice is of a type that is not within the scope of their registration then paragraph (2) has effect in relation only to the part of the building work not within the scope of the registration.
(6) This regulation does not apply to higher-risk building work.
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