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6 | Registers of information and documents to be kept by local authorities |
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After section 91 of the Building Act 1984 (c. 55) insert— |
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“91A | Registers to be kept by local authorities |
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(1) | A local authority shall keep in a register such information and |
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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. |
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(2) | The information and documents that may be prescribed for the |
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purposes of subsection (1) above include, in particular— |
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(a) | documents that are given or issued to, or deposited with, a local |
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authority in accordance with provision made by or under this |
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Act, or copies of such documents; |
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(b) | copies of documents that are given, made or issued by a local |
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authority in accordance with provision so made; |
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(c) | information with respect to documents of the kind mentioned |
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(d) | information with respect to matters to which such documents |
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(3) | Information and documents that are required to be kept in a register |
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under subsection (1) above shall be so kept for the prescribed period. |
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(a) | shall maintain the register required under subsection (1) above |
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in the prescribed manner; |
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(b) | shall ensure that the register is available for inspection by |
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members of the public during prescribed periods; |
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(c) | shall, in prescribed circumstances, provide to members of the |
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public, on request, copies of information and documents kept in |
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(d) | may, in prescribed circumstances, charge a member of the |
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public to whom they provide such copies a fee calculated in the |
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| ‘documents’ includes notices, certificates, orders, consents, |
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| ‘prescribed’ means prescribed by regulations made by the |
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Secretary of State under this section. |
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(6) | Regulations under this section may— |
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(a) | provide for a provision thereof to apply generally, or in a |
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(b) | make different provision for different areas and generally |
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different provision for different circumstances or cases; |
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(c) | include such supplemental, transitional and incidental |
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provisions as appear to the Secretary of State to be expedient. |
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(7) | The transitional provision that may be included in regulations under |
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this section includes transitional provision in relation to information |
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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. |
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(8) | The power to make regulations under this section is exercisable by |
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statutory instrument, which is subject to annulment in pursuance of a |
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resolution of either House of Parliament.” |
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(1) | In Schedule 1 to the Building Act 1984 (c. 55) (provision that may be included |
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in building regulations), after paragraph 4 insert— |
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“4A (1) | Building regulations may— |
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(a) | provide for requiring that, in prescribed circumstances, a |
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person of a prescribed class or description is to give to a local |
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authority or an approved inspector a certificate to the effect |
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that the requirements of building regulations as to matters of |
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a prescribed description are satisfied; |
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(b) | provide for requiring that such certificates be given within |
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such periods or at such times and in such forms as may be |
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(c) | provide that a local authority or an approved inspector is not |
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to exercise or perform a prescribed power or duty unless— |
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(i) | such a certificate has been given to them or him; or |
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(ii) | such a certificate has been given to them or him and |
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the certificate has been accepted by them or him; |
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(d) | make provision as to— |
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(i) | the acceptance of such certificates by local authorities |
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and approved inspectors; and |
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(ii) | other steps to be taken by local authorities or |
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approved inspectors in connection with such |
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(2) | Building regulations may provide for such certificates to be treated |
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as evidence (but not conclusive evidence) of the matters certified.” |
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(2) | In section 47(1) of that Act (giving of initial notices) after “giving” insert “and |
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(3) | In section 52(2) of that Act (cancellation of initial notice for contravention of |
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(a) | in paragraph (a) after “work” insert “or intending to carry out the |
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(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 |
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with building regulations, is required to take them”. |
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(4) | In subsection (1)(a) of section 57 of that Act (offences relating to false or |
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misleading certificates), for sub-paragraph (i) substitute— |
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“(i) | purports to comply with the requirements of this Part of |
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this Act, section 16(9) above or building regulations |
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falling within paragraph 4A(1)(a) or (b) of Schedule 1 to |
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8 | Appointed person and management of works |
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In Schedule 1 to the Building Act 1984 (provision that may be included in |
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|
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building regulations) before paragraph 5 insert— |
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“4B (1) | Building regulations may provide that in relation to any work of any |
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type that is being, or that is proposed to be, carried out in prescribed |
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circumstances, there shall be a person appointed for the purposes of |
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this paragraph (the “appointed person”). |
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(2) | The appointed person in relation to any work shall be a person of a |
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prescribed class or description who is appointed by a person |
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determined in accordance with building regulations; and such |
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regulations may make provision for a person to appoint himself. |
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(3) | Building regulations may— |
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(a) | require appointments for the purposes of this paragraph to |
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be made within such periods or at such times as may be |
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(b) | make provision in relation to— |
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(i) | the termination of a person’s appointment; |
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(ii) | the replacement of an appointed person. |
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(4) | Building regulations may— |
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(a) | provide that the appointed person in relation to any work |
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shall have such duties in relation to the planning and |
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management of the carrying out of that work as may be |
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prescribed for purposes connected with facilitating |
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compliance with the requirements of building regulations in |
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(b) | for those purposes impose duties in relation to— |
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(i) | the appointed person, or |
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(ii) | anything that he does, or proposes to do, in |
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connection with his duties, |
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| on persons who are participating, or who are to participate, |
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in the carrying out of that work. |
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(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 |
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(a) | duties to comply with directions given to them by the |
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(b) | duties that are framed by reference to determinations made |
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There shall be payable out of money provided by Parliament— |
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(a) | any expenditure incurred by the Secretary of State in consequence or by |
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(b) | any increase attributable to this Act in the sums payable out of money |
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so provided under any other Act. |
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10 | Short title, repeals, commencement and extent |
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(1) | This Act may be cited as the Sustainable and Secure Buildings Act 2004. |
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(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 |
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subsection (4), shall come into force on such day as the Secretary of State may |
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by order made by statutory instrument appoint; and different days may be |
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appointed for different purposes. |
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(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 |
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beginning with the day on which this Act is passed. |
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(5) | This Act extends to England and Wales only. |
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