PART 5E+WSUPPLEMENTARY AND GENERAL

Prospective

Guidance and co-operationE+W

120Issue or approval of guidance by the Welsh MinistersE+W

(1)The Welsh Ministers‍ must issue or approve such guidance as they consider appropriate to assist any persons in complying with duties imposed on them by this Act or regulations made under it.

(2)The Welsh Ministers must‍ ensure that guidance issued or approved by them under this section includes—

(a)guidance to assist principal accountable persons for regulated buildings in complying with the duties imposed on them by sections 29 to 32 (assessment of fire safety risks) and regulations made under them;

(b)guidance to assist landlords of relevant HMOs in complying with the duties imposed on them by sections 81 to 84 (assessment of fire safety risks) and regulations made under them.

(3)The Welsh Ministers may—

(a)issue or approve a revised version of any guidance issued or approved by them under this section;

(b)without prejudice to subsections (1) and (2), withdraw any guidance issued by them, or approval given by them, under this sectio‍n.

(4)The Welsh Ministers must ensure that guidance issued or approved by them under this section is published.

(5)Where in any proceedings it is alleged that a person has failed to comply with a duty imposed by this Act or regulations made under it—

(a)proof that the person has failed to comply with relevant guidance published under this section may be relied on as tending to establish that there was such a failure;

(b)proof that the person has complied with relevant guidance published under this section may be relied on as tending to establish that there was no such failure.

(6)Before issuing or approving guidance under this section, the Welsh Ministers must consult—

(a)each‍ county council and county borough council in Wales,

(b)each fire safety authority, and

(c)such other persons as they consider appropriate.

(7)The requirement to consult does not apply to a revised version of guidance if the Welsh Ministers consider that the revisions do not significantly change the effect of the guidance.

Commencement Information

I1S. 120 not in force at Royal Assent, see s. 138(2)