The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2014

Title, application and commencement

1.—(1) The title of these Regulations is the Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2014.

(2) These Regulations apply in relation to Wales but do not apply in relation to excepted energy buildings in Wales.

(3) In this regulation “excepted energy building” (“adeilad ynni a eithrir”) has the meaning given in the Schedule to the Welsh Ministers (Transfer of Functions) (No. 2) Order 2009(1).

(4) These Regulations come into force on 10 February 2014.

Amendment of the Building (Approved Inspectors etc.) Regulations 2010

2.  The Building (Approved Inspectors etc.) Regulations 2010(2) (“the 2010 Regulations”) are amended as set out in regulations 3 to 9.

Approved inspector’s insurance (new regulation 5A)

3.  After regulation 5, insert—

“Approved inspector’s insurance

5A.— (1) Subject to paragraph (2), an approved inspector who gives a notice or certificate specified in paragraph (2) to a local authority must ensure that, before or on the date of the notice or certificate, the person who approved that inspector (the Welsh Ministers or a body designated under regulation 3 as the case may be) is in possession of a declaration of insurance in respect of the work to which the notice or certificate relates.

(2) Paragraph (1) applies to a notice or certificate given on or after 10 February 2014 which is—

(a) an initial notice;

(b) an amendment notice;

(c) a plans certificate;

(d) a combined initial notice and plans certificate; or

(e) a final certificate.

(3) In this regulation a “declaration of insurance” means a declaration of insurance signed by the insurer that a named scheme of insurance approved by the Welsh Ministers applies to the approved inspector in relation to the building work to which the notice or certificate relates.”

Lists of approvals and designations

4.  For regulation 7 substitute—

“7.— (1) The Welsh Ministers shall—

(a) maintain a list of bodies which are for the time being designated in accordance with regulation 3 for the purpose of approving inspectors;

(b) maintain a list of inspectors for the time being approved by the Welsh Ministers; and

(c) in respect of each approved inspector listed, keep a copy of—

(i) the approval certificate, and

(ii) the declaration of insurance referred to in regulation 5A.

(2) The Welsh Ministers shall—

(a) supply to every local authority in whose area these Regulations apply a copy of the first lists of approved inspectors and designated bodies prepared under paragraph (1); and

(b) notify every such local authority as soon as practicable of the withdrawal of any approval or designation and of any addition to the lists.

(3) A designated body shall—

(a) maintain a list of inspectors for the time being approved by it;

(b) in respect of each approved inspector listed, keep a copy of—

(i) the approval certificate, and

(ii) the declaration of insurance referred to in regulation 5A; and

(c) notify every local authority in whose area these Regulations apply as soon as practicable after withdrawing approval from any inspector.

(4) Lists maintained under this regulation shall set out any limitation placed on the approval or designation of the persons or bodies listed and shall indicate the date on which each approval will expire.”

Register of notices and certificates

5.  In regulation 30, omit paragraph (2)(c).

Schedule 1 to the 2010 Regulations — Forms

6.—(1) The numbered forms specified in Schedule 1 are amended as set out in paragraphs (2) to (6).

(2) In Form 1 (initial notice)—

(a) omit sub-paragraphs (a) and (b) of paragraph 4;

(b) after paragraph 11 insert—

“12.   I (7) am an approved inspector for the purposes of Part 2 of the Act in respect of the work described in this notice.

13.   Copies of the notice of approval and of a declaration of insurance relevant to the work described in this notice are on the register kept by the body designated under regulation 3 of the 2010 Regulations.”

(3) In Form 2 (amendment notice)—

(a) omit sub-paragraphs (b) and (d) of paragraph 3;

(b) after paragraph 11 insert—

“12.   I (6) am an approved inspector for the purposes of Part 2 of the Act and the above work is [the whole]/[part] of the work described in an initial notice given by me and dated: (11)

13.   Copies of the notice of approval and of a declaration of insurance relevant to the work described in this notice are on the register kept by the body designated under regulation 3 of the 2010 Regulations.”; and

(c) after Note (10) insert—

“(11) Insert date.”

(4) In Form 3 (plans certificate), for paragraph 3 substitute—

“3.   Copies of the notice of approval and of a declaration of insurance relevant to the work described in this certificate are on the register kept by the body designated under regulation 3 of the 2010 Regulations.”

(5) In Form 4 (combined initial notice and plans certificate)—

(a) omit sub-paragraphs (a) and (b) of paragraph 4;

(b) after paragraph 15 insert—

“16.   I (7) am an approved inspector for the purposes of Part 2 of the Act in respect of the work described in this notice.

17.   Copies of the notice of approval and of a declaration of insurance relevant to the work described in this notice are on the register kept by the body designated under regulation 3 of the 2010 Regulations.”

(6) In Form 5 (final certificate) for paragraph 6 substitute—

“6.   Copies of the notice of approval and of a declaration of insurance relevant to the work described in this certificate are on the register kept by the body designated under regulation 3 of the 2010 Regulations.”

Schedule 2 to the 2010 Regulations — Grounds for Rejecting an Initial Notice, an Amendment Notice, or a Plans Certificate Combined with an Initial Notice

7.  In Schedule 2—

(a) omit paragraph 5; and

(b) for paragraph 6 substitute—

“6.   In the case of a notice dated on or after 10 February 2014, having taken all reasonable steps to establish whether there is a named scheme of insurance approved by the Welsh Ministers in relation to the work described in the notice, the local authority believe that this is not the case.”

Schedule 3 to the 2010 Regulations — Grounds for Rejecting a Plans Certificate, or a Plans Certificate Combined with an Initial Notice

8.  In Schedule 3, for paragraph 6 substitute—

“6.   In the case of a certificate dated on or after 10 February 2014, having taken all reasonable steps to establish whether there is a named scheme of insurance approved by the Welsh Ministers in relation to the work to which the certificate relates, the local authority believe that this is not the case.”

Schedule 4 to the 2010 Regulations — Grounds for Rejecting a Final Certificate

9.  In Schedule 4, for paragraph 5 substitute—

“5.   In the case of a certificate dated on or after 10 February 2014, having taken all reasonable steps to establish whether there is a named scheme of insurance approved by the Welsh Ministers in relation to the work to which the certificate relates, the local authority believe that this is not the case.”

Carl Sargeant

Minister for Housing and Regeneration, one of the Welsh Ministers

14 January 2014