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Sustainable and Secure Buildings Bill


Sustainable and Secure Buildings Bill

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6       

Registers of information and documents to be kept by local authorities

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,

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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

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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);

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(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—

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(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

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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.

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(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.

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(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;

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(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

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contained in registers kept by local authorities under section 56.

 

 

Sustainable and Secure Buildings Bill

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(8)   

The power to make regulations under this section is exercisable by

statutory instrument, which is subject to annulment in pursuance of a

resolution of either House of Parliament.”

7       

Certification of work

(1)   

In Schedule 1 to the Building Act 1984 (c. 55) (provision that may be included

5

in building regulations), after paragraph 4 insert—

“4A (1)    

Building regulations may—

(a)   

provide for requiring that, in prescribed circumstances, a

person of a prescribed class or description is to give to a local

authority or an approved inspector a certificate to the effect

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that the requirements of building regulations as to matters of

a prescribed description are satisfied;

(b)   

provide for requiring that such certificates be given within

such periods or at such times and in such forms as may be

prescribed;

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(c)   

provide that a local authority or an approved inspector is not

to exercise or perform a prescribed power or duty unless—

(i)   

such a certificate has been given to them or him; or

(ii)   

such a certificate has been given to them or him and

the certificate has been accepted by them or him;

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(d)   

make provision as to—

(i)   

the acceptance of such certificates by local authorities

and approved inspectors; and

(ii)   

other steps to be taken by local authorities or

approved inspectors in connection with such

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certificates.

      (2)  

Building regulations may provide for such certificates to be treated

as evidence (but not conclusive evidence) of the matters certified.”

(2)   

In section 47(1) of that Act (giving of initial notices) after “giving” insert “and

receiving”.

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(3)   

In section 52(2) of that Act (cancellation of initial notice for contravention of

building regulations)—

(a)   

in paragraph (a) after “work” insert “or intending to carry out the

work”;

(b)   

in paragraph (b) for the words from “that person” onwards substitute

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“the prescribed steps are not taken by the person who, in accordance

with building regulations, is required to take them”.

(4)   

In subsection (1)(a) of section 57 of that Act (offences relating to false or

misleading certificates), for sub-paragraph (i) substitute—

“(i)   

purports to comply with the requirements of this Part of

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this Act, section 16(9) above or building regulations

falling within paragraph 4A(1)(a) or (b) of Schedule 1 to

this Act, and”.

8       

Appointed person and management of works

In Schedule 1 to the Building Act 1984 (provision that may be included in

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Sustainable and Secure Buildings Bill

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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”).

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      (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—

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(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;

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(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

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prescribed for purposes connected with facilitating

compliance with the requirements of building regulations in

relation to that work;

(b)   

for those purposes impose duties in relation to—

(i)   

the appointed person, or

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(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

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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

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by that person.”

9       

Financial provision

There shall be payable out of money provided by Parliament—

(a)   

any expenditure incurred by the Secretary of State in consequence or by

virtue of this Act; and

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(b)   

any increase attributable to this Act in the sums payable out of money

so provided under any other Act.

10      

Short title, repeals, commencement and extent

(1)   

This Act may be cited as the Sustainable and Secure Buildings Act 2004.

(2)   

The enactments and instruments specified in the Schedule to this Act are

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repealed or revoked to the extent shown in the second column of that Schedule.

 

 

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(3)   

This Act, apart from the provisions coming into force in accordance with

subsection (4), shall come into force on such day as the Secretary of State may

by order made by statutory instrument appoint; and different days may be

appointed for different purposes.

(4)   

This section (apart from subsection (2)) and sections 1, 2(1) to (7), 3(1) to (3) and

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(5), 5 and 9 shall come into force at the end of the period of two months

beginning with the day on which this Act is passed.

(5)   

This Act extends to England and Wales only.

 

 

 
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Revised 12 March 2004