[F1120GRecommendations about regulations under section 120DE+W
(1)Subsection (2) applies if, in respect of any description of building that is not a higher-risk building, the regulator considers—
(a)that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description,
(b)that if the risk materialised as regards a building of that description it would have the potential to cause a major incident, and
(c)that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England.
(2)The regulator must—
(a)recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Act, and
(b)give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation.
(3)If, following a recommendation, the Secretary of State decides not to make regulations under section 120D giving effect to the recommendation, the Secretary of State must publish a document setting out—
(a)the regulator’s recommendation,
(b)the Secretary of State’s decision not to make the regulations, and
(c)the reasons for that decision.
(4)If the regulator considers that a particular description of higher-risk building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England, it must make a recommendation to the Secretary of State to that effect.
(5)In this section—
“building safety risk” means a risk to the safety of people in or about a building arising from any of the following occurring as regards the building—
(a)the spread of fire;
(b)structural failure;
(c)any other matter prescribed by regulations under section 62 of the Building Safety Act 2022 in relation to all buildings, or in relation to a description of building that includes the building;
“major incident” means an incident resulting in—
(a)a significant number of deaths, or
(b)serious injury to a significant number of people.]
Textual Amendments
F1Ss. 120D-120I and cross-heading inserted (28.6.2022 so far as it relates to ss. 120D-120H, 9.12.2022 so far as it relates to s. 120I) by Building Safety Act 2022 (c. 30), ss. 31, 170(4)(a)(c); S.I. 2022/561, reg. 3(d); S.I. 2022/1287, reg. 2(a)