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Clause 10
Short title, commencement and extent
Amendment made: No. 14, in
Mr. Stunell: I beg to move amendment No. 15, in
This is a technical amendment consequent on the previous changes that have been made. It neither adds to nor subtracts from the Bill as a whole.
Amendment agreed to.
11 am
Amendment made: No. 16, in
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'.—[Mr. Stunell.]
Clause 10, as amended, ordered to stand part of the Bill.
New clause 1
Management of works
'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
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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;
(b) for those purposes impose duties in relation to—
(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.'' '—[Mr. Stunell.]
Brought up, read the First and Second time, and added to the Bill.
New clause 2
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, 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.
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(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 of either House of Parliament.'' '—[Mr. Stunell.]
Brought up, read the First and Second time, and added to the Bill.
Schedule
Repeals and revocations
Amendments made: No. 17, in
No. 18, in
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).'—[Mr. Stunell.]
Schedule, as amended, agreed to.
Question proposed, That the Chairman do report the Bill, as amended, to the House.
Phil Hope: Before we conclude our proceedings, I wish to say a few words. I congratulate the hon. Member for Hazel Grove on successfully piloting his Bill through Committee stage. We have had two very good sittings and have learned a great deal about beauty from the hon. Member for South Holland and The Deepings. He suggested that in future we might use indices of beauty. We shall see how that works in future legislation.
I wish to thank all the members of the Committee. We have had some very good debates on amendments and clauses. The Government were unable to accept everything that hon. Members would have liked, particularly today. It was unfortunate that after we went through six clauses to which I was able on behalf of the Government to accept, promote and welcome various amendments, today I was unable to do so. However, the spirit of the Bill is positive, and members of the Committee made powerful contributions. I thank them for that.
I wish to thank the Clerks, Hansard and all the officials who kept us in good order—not that we needed to be kept in good order. I also thank officials of the Department, who have provided a great deal of support to members of the Committee and to me in taking the Bill to the conclusion of its Committee stage.
Finally, I thank you, Mr. Hurst, for your chairmanship of the Committee. We asked for alacrity and thoroughness, and we got both. I am grateful for your efforts in that regard.
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The Chairman: Order. Strictly speaking, these matters should not be debated at this point, but I know how versatile hon. Members are in seeking points of order.
Mr. Hayes: On a point of order, Mr. Hurst. It is strange that you should have said that.
Let me just say that I, too, congratulate the hon. Member for Hazel Grove on bringing the Bill this far and on the way in which it has been taken through the Committee. Contributions from all parts of the House have added to its proper consideration.
Further to that point of order, Mr. Hurst, let me thank you and all of those associated with the Committee for the work that they have done in helping my hon. Friends—I was pleased that my hon. Friend the Member for Chipping Barnet (Sir Sydney Chapman) gave me his able and assiduous support this morning—and I to scrutinise the Bill properly, and the Minister and Government Members for treating the Opposition with the kid gloves that the Minister knows that I need, because I am a sensitive flower, although not necessarily a beautiful one. Perhaps I can end by saying that, not just an index of beauty, but one of grace, elegance and style might also be added during the further consideration of the Bill, because, Mr. Hurst, as you personify, it is the pursuit of truth and beauty that is the greatest purpose of parliamentarians.
Mr. Stunell: Thank you for your indulgence, Mr. Hurst. I thank the Minister. Today has perhaps been disappointing from my point of view, but I recognise that he and his officials have done their best to be helpful and constructive. In his defence, I would simply say that where he has not been able to be helpful and destructive—I mean constructive—[Laughter.] Where he has not been able to be helpful and constructive it has been largely on matters outside his area of responsibility.
I thank hon. Members on the Committee, who by their attendance and assiduous participation have shown just how important the topic really is. I believe that the Bill will make a contribution. As I have said several times, it is not the answer to everything, but it is a piece in the jigsaw. I hope that it will be reported to the House and that it will proceed well from then on.
I thank you, Mr. Hurst, as Chairman of the Committee, for keeping us in order when we were so often on the verge of boiling over. It has been an interesting experience piloting the Bill so far, and I look forward to reaching the harbour in due course.
The Chairman: Those were not, of course, points of order, but matters of civility.
Question put and agreed to.
Bill, as amended, to be reported.
Committee rose at eight minutes past Eleven o'clock.
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The following Members attended the Committee:
Hurst, Mr. Alan (Chairman)
Challen, Mr.
Chapman, Sir Sydney
Clark, Mrs. Helen
Doughty, Sue
Gilroy, Linda
Hayes, Mr.
Hope, Phil
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Iddon, Dr.
Kidney, Mr.
Simpson, Alan
Stunell, Mr.
Thomas, Mr. Simon
Turner, Dr. Desmond
Walley, Ms
White, Brian
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