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Mr Andrew Stunell
16
Clause 10, page 7, line 29, leave out from beginning to 'shall' and insert 'This section (apart from subsection (1A)) and sections 1, 2(1) to (6), 3(1) to (3) and (5), 5 and 9'.
NEW CLAUSES
Management of works
Mr Andrew Stunell
NC1
To move the following Clause:—
'In Schedule 1 to the Building Act 1984 (c.55) (provision that may be included in building regulations) before paragraph 5 insert—
| "4B | (1) | Building regulations may provide that in relation to any work of any type that is being, or that is proposed to be, carried out in prescribed circumstances, there shall be a person appointed for the purposes of this paragraph (the "appointed person"). |
| | (2) | The appointed person in relation to any work shall be a person of a prescribed class or description who is appointed by a person determined in accordance with building regulations; and such regulations may make provision for a person to appoint himself. |
| | (3) | Building regulations may— |
(a) require appointments for the purposes of this paragraph to be made within such periods or at such times as may be prescribed;
(b) make provision in relation to—
| (i) | the termination of a person's appointment; |
| (ii) | the replacement of an appointed person. |
| | (4) | Building regulations may— |
(a) provide that the appointed person in relation to any work shall have such duties in relation to the planning and management of the carrying out of that work as may be prescribed for purposes connected with facilitating compliance with the requirements of building regulations in relation to that work;
| (i) | the appointed person, or |
| (ii) | anything that he does, or proposes to do, in connection with his duties, |
on persons who are participating, or who are to participate, in the carrying out of that work.
| | (5) | The duties that building regulations may impose on persons who are participating, or who are to participate, in the carrying out of any work include— |
(a) duties to comply with directions given to them by the appointed person;
(b) duties that are framed by reference to determinations made by that person."'
Registers of information and documents to be kept by local authorities
Mr Andrew Stunell
NC2
To move the following Clause:—
'After section 91 of the Building Act 1984 (c.55) insert—
"91A Registers to be kept by local authorities (1) A local authority shall keep in a register such information and documents as may be prescribed in connection with their functions, powers and duties conferred or imposed by or under this Act.
(2) The information and documents that may be prescribed for the purposes of subsection (1) above include, in particular—
| (a) | documents that are given or issued to, or deposited with, a local authority in accordance with provision made by or under this Act, or copies of such documents; |
| (b) | copies of documents that are given, made or issued by a local authority in accordance with provision so made; |
| (c) | information with respect to documents of the kind mentioned in paragraph (a) or (b); |
| (d) | information with respect to matters to which such documents relate. |
(3) Information and documents that are required to be kept in a register under subsection (1) above shall be so kept for the prescribed period.
(4) A local authority—
| (a) | shall maintain the register required under subsection (1) above in the prescribed manner; |
| (b) | shall ensure that the register is available for inspection by members of the public during prescribed periods; |
| (c) | shall, in prescribed circumstances, provide to members of the public, on request, copies of information and documents kept in the register; |
| (d) | may, in prescribed circumstances, charge a member of the public to whom they provide such copies a fee calculated in the prescribed manner. |
(5) In this section—
'documents' includes notices, certificates, orders, consents, demands and plans;'prescribed' means prescribed by regulations made by the Secretary of State under this section. (6) Regulations under this section may—
| (a) | provide for a provision thereof to apply generally, or in a particular area; |
| (b) | make different provision for different areas and generally different provision for different circumstances or cases; |
| (c) | include such supplemental, transitional and incidental provisions as appear to the Secretary of State to be expedient. |
(7) The transitional provision that may be included in regulations under this section includes transitional provision in relation to information that, immediately before the coming into force of the regulations, was contained in registers kept by local authorities under section 56.
(8) The power to make regulations under this section is exercisable by statutory instrument, which is subject to annulment in pursuance of a resolution or either House of Parliament."'
Building regulations in relation to older dwellings
Mr Simon Thomas
NC3
*To move the following Clause:—
'In section 3 of the Buildings Act 1984 (c. 55), after subsection (3) there is inserted—
"(1A) In Wales, the power under subsection (1) will be exercised by the National Assembly for Wales.".'.
Mr Andrew Stunell
17
Schedule , page 8, line 4, column 2, at end insert 'In section 56, subsections (1) to (4).'.
Mr Andrew Stunell
18
Schedule , page 8, line 6, at end insert—
| 'Deregulation (Building) (Initial Notices and Final Certificates) Order 1996 (S.I. 1996/1905) | In article 3, paragraph (9)(a) and (b).' |
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