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Sustainable and Secure Buildings Act 2004

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Commencement Orders yet to be applied to the Sustainable and Secure Buildings Act 2004

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Commencement Orders bringing provisions within this Act into force:

7Registers of information and documents to be kept by local authoritiesE+W

After section 91 of the Building Act 1984 (c. 55) insert—

91ARegisters 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.

(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.

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