2023 No. 1304 (W. 234)
The Building (Building Control Profession) (Registration, Sanctions and Appeals) (Wales) Regulations 2023
Made
Laid before Senedd Cymru
Coming into force
The Welsh Ministers, in exercise of the powers conferred on them by sections 1, 58C(5), 58O(4), 58U(4)(b)(ii), 58V(4)(b)(ii) of, and paragraph 1I of Schedule 1 to, the Building Act 19841, make the following Regulations.
The Welsh Ministers have, in respect of the Regulations, in accordance with section 14(7)2 of the 1984 Act, consulted the Building Regulations Advisory Committee for Wales and any other person that the Welsh Ministers consider appropriate.
Title, application, coming into force and interpretation1
1
The title of these Regulations is the Building (Building Control Profession) (Registration, Sanctions and Appeals) (Wales) Regulations 2023.
2
These Regulations apply in relation to Wales.
3
These Regulations come into force on 1 January 2024.
4
In these Regulations—
a
“the Act” means the Building Act 1984;
b
“the Building Regulations” means the Building Regulations 20103;
c
“relevant days” means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 19714.
5
In these Regulations, unless otherwise indicated, the following words and expressions have the same meaning as in the Act—
a
“building control authority” (see section 121A of that Act);
b
“registered building control approver” (see section 58N of that Act);
c
“registered building inspector” (see section 58B of that Act).
Register of building inspectors2
For the purposes of section 58C(5) of the Act, the prescribed period for registration of a registered building inspector is four years beginning with the day on which the registration has effect.
Register of building control approvers3
For the purposes of section 58O(4) of the Act, the prescribed period for registration of a registered building control approver is five years beginning with the day on which the registration has effect.
Contravention of professional conduct rules4
For the purposes of section 58U(4)(b)(ii) of the Act, where the Welsh Ministers5 make a disciplinary order6 in relation to a registered building control approver, they must as soon as reasonably practicable give a copy of the disciplinary order to each local authority in Wales where there has been—
a
a variation of registration in a way specified in the order,
b
a suspension of registration for the period specified in the order, or
c
a cancellation of registration from the date specified in the order.
Interim suspension for suspected serious contravention5
For the purposes of section 58V(4)(b)(ii) of the Act, where the Welsh Ministers make (or revoke) an order under section 58V of the Act, they must as soon as reasonably practicable give a copy of the order (or notice of the revocation) to each local authority in Wales where the Welsh Ministers consider that the suspected contravention is so serious that, if the Welsh Ministers determine that the contravention has occurred, they are likely to make an order under section 58U(2)(d) of the Act cancelling the person’s registration.
Appealing a decision made by the Welsh Ministers6
1
Where the right of appeal is provided for under section 58D(4), 58I(5), 58J(5), 58P(4), 58U(5), 58V(5), 58Z4(7), 58Z5(9), 58Z6(5) or 58Z7(5) of the Act, an appeal must be made to a magistrates’ court by way of complaint.
2
An appeal may only be made on one or more of the following grounds. The grounds are that the Welsh Ministers’ decision was—
a
erroneous in fact;
b
wrong in law;
c
unreasonable;
d
procedurally flawed.
3
An appeal must be made within 21 relevant days beginning with the day after the day on which the Welsh Ministers notify the applicant of the decision, or within such extended period as may at any time be agreed upon in writing between the applicant and the Welsh Ministers.
4
On an appeal, a magistrates’ court may confirm, vary or quash the decision made by the Welsh Ministers.
(This note is not part of the Regulations)