Building Act 1984

[F158ISanctions for professional misconductE+W

(1)If following an investigation under section 58H the regulatory authority determines that an individual who is a registered building inspector is guilty of professional misconduct, the authority may make one or more disciplinary orders.

(2)A disciplinary order is an order—

(a)requiring the individual to pay a financial penalty of an amount specified in the order,

(b)varying the individual’s registration in a way specified in the order,

(c)suspending the individual’s registration for a period specified in the order, or

(d)cancelling the individual’s registration from a date specified in the order.

(3)Varying the individual’s registration means varying any of the matters listed in section 58C(4) (limitations and conditions).

(4)Where the regulatory authority makes a disciplinary order it must give a copy of the order to the individual concerned as soon as reasonably practicable.

(5)The individual may appeal to the appropriate court or tribunal against a disciplinary order under this section.

(6)A disciplinary order under subsection (2)(a) or (b) has no effect until—

(a)the end of the period within which an appeal may be brought, or

(b)if an appeal is brought before the end of that period, the determination of the appeal.

(7)Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a).]

Textual Amendments

F1Pt. 2A inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 for specified purposes except in relation to W, 1.1.2024 for W. for specified purposes, 1.1.2024 for specified purposes, 6.4.2024 in force in so far as not already in force except in relation to W., 6.4.2024 for the insertion s. 58Z2, 6.4.2024 for W. for all remaining purposes, except so far as it relates to ss. 58Z7, 58Z10) by Building Safety Act 2022 (c. 30), ss. 42, 170(4); S.I. 2023/362, reg. 3(1)(s); S.I. 2023/914, regs. 2(b)(viii), 4(a)(b) (with reg. 7); S.I. 2023/993, reg. 2(k); S.I. 2024/104, reg. 2(a) (with reg. 3); S.I. 2024/207, reg. 2(b)(d)(ii) (with regs. 3, 4, 8-12)