Sustainable and Secure Buildings Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Sustainable and Secure Buildings Bill

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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.

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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.”
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Certification of work
(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—
“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”.
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Appointed person and management of works
In Schedule 1 to the Building Act 1984 (provision that may be included in
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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.”
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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.
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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.