Sixteenth Report of Session 2023–24

Instruments reported

At its meeting on 20 March 2024 the Committee scrutinised a number of instruments in accordance with Standing Orders. It was agreed that the special attention of both Houses should be drawn to one of those considered. The instrument and the grounds for reporting are given below. The relevant departmental memorandum is published as an appendix to this report.

1S.I. 2024/110: Reported for failure to comply with proper legislative practice

Building (Registered Building Control Approvers etc.) (England) Regulations 2024

Procedure: Made negative

1.1The Committee draws the special attention of both Houses to these Regulations on the ground that they fail to comply with proper legislative practice in one respect.

1.2These Regulations consolidate and replace the Building (Approved Inspectors etc.) Regulations 2010 following amendments made to the Building Act 1984 by the Building Act 2022. Regulation 32(3) prescribes cases for the purposes of section 58Z4(5) of the 1984 Act (namely cases where a regulatory authority must give a copy of an improvement notice and a statement of reasons for giving the notice to a local authority). Section 58Z4(5) is not cited as an enabling power in the preamble and the Committee asked the Department for Levelling Up, Housing and Communities to explain. In a memorandum printed at Appendix 1, the Department explains that it should have cited section 58Z4(5) as an enabling power and undertakes to address the issue at the earliest opportunity. Given it is clear that the drafter intended to rely on the power in section 58Z4(5), the Committee accordingly reports the preamble for failure to comply with proper legislative practice, acknowledged by the Department.

Instruments not reported

At its meeting on 20 March 2024 the Committee considered the instruments set out in the Annex to this Report, none of which were required to be reported to both Houses.

Annex

Draft instruments requiring affirmative approval

Instruments subject to annulment

Instruments not subject to parliamentary proceedings laid before Parliament

Instruments not subject to parliamentary proceedings not laid before Parliament

Appendix 1: Memorandum from the Department for Levelling Up, Housing and Communities

S.I. 2024/110

Building (Registered Building Control Approvers etc.) (England) Regulations 2024

1)The Committee has asked the Department for Levelling Up, Housing and Communities for a memorandum on the following point:

Given regulation 32(3), explain why section 58Z4(5) of the Building Act 1984 is not cited as an enabling power in the preamble.

2)The Department acknowledges that this is a drafting error and that the Department should have cited section 58Z4(5) of the Building Act 1984 as an enabling power in the preamble to the Regulations. The Department apologises for this error and will look to address it at the earliest opportunity.

Department for Levelling Up, Housing and Communities

12 March 2024

Formal Minutes

Wednesday 20 March 2024

Members present

Jessica Morden, in the Chair

Lord Beith

Lord Chartres

Lord Haselhurst

Peter Grant

Damien Moore

Lord Sahota

Baroness Sater

Liz Twist

Lord Watson

Report consideration

Draft Report (Sixteenth Report), proposed by the Chair, brought up and read.

Ordered, That the draft Report be read a second time, paragraph by paragraph.

Paragraphs 1.1 to 1.2 read and agreed to.

Annex agreed to.

A paper was appended to the Report as Appendix 1.

Resolved, That the Report be the Sixteenth Report of the Committee to both Houses.

Ordered, That the Chair make the Report to the House of Commons and that the Report be made to the House of Lords.

Adjournment

Adjourned till Wednesday 17 April at 3.40 p.m.