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Statutory Instruments
Building And Buildings, England
Made
13th January 2024
Coming into force in accordance with regulation 1(1)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 120A(2)(b) and (3) and 120D(3) and (4)(c) of the Building Act 1984 (“the 1984 Act”)(1) and sections 65(2) and (3)(c), 74, 88, 89(1), (2), (3) and (4), 90(2) and (5), 92(1), (4) and (5) and 168(2), (3) and (4) of the Building Safety Act 2022 (“the 2022 Act”)(2).
In accordance with section 7(4) of the 2022 Act, the Secretary of State has consulted the regulator(3) and such other persons as the Secretary of State considers appropriate.
In accordance with section 120F(2) of the 1984 Act the Secretary of State has asked the regulator for advice under section 120H(1) of that Act and in accordance with section 67(2) of the 2022 Act the Secretary of State has asked the regulator for advice under section 70(1) of that Act.
In accordance with section 120F(3) of the 1984 Act and section 67(3) of the 2022 Act the Secretary of State has carried out a cost-benefit analysis and published it(4).
A draft of these Regulations has been laid before and approved by a resolution of each House of Parliament in accordance with section 120A(7) of the 1984 Act and section 168(6) of the 2022 Act.
1984 c. 55. Section 120A was inserted by Schedule 5 to the Building Safety 2022 Act (“the 2022 Act”), and sections 120D, 120F and 120H were inserted by section 31 of the 2022 Act.
See section 115 of the Act 2022 for the meaning of “the regulator”.
The cost-benefit analysis is available at https://www.gov.uk/government/publications/amendment-to-the-higher-risk-buildings-regulations-2023-cost-benefit-analysis-statement A paper copy can be requested by writing to the Building Safety Programme in the Department of Levelling Up, Housing and Communities at 2 Marsham Street, London, SW1P 4DF.
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