28Meaning of “building safety risk”(1)

In this‍ Part “building safety risk” means—

(a)

in relation to a category 1 building or a category 2 building, a fire safety risk or a structural safety risk;

(b)

in relation to a category 3 building, a fire safety risk.

(2)

The Welsh Ministers may by regulations modify the definition of “building safety risk” to include a risk specified in the regulations.

(3)

The risks that may be specified in the regulations are—

(a)

in relation to a category 1 building or a category 2 building, any risk to the safety of people in or about the building arising from any matter (other than fire and structural failure) affecting any part of the building;

(b)

in relation to a category 3 building—

(i)

a structural safety risk;

(ii)

any risk to the safety of people in or about the building arising from any matter (other than fire and structural failure) affecting any part of the building.

(4)

The regulations must make provision for—

(a)

the assessment of the risks specified in the regulations where a building to which the regulations apply is occupied, and

(b)

the taking of steps to prevent those risks materialising and reduce the severity of incidents resulting from them materialising.

(5)

The regulations may—

(a)

provide that any provision of this Act or regulations made under it that applies in relation to a fire safety risk or a structural safety risk is to apply (with or without modifications) in relation to a risk specified in the regulations, or

(b)

make provision corresponding to any such provision (with or without modifications) in relation to a risk specified in the regulations.

(6)

The provision that may be made by the regulations includes—

(a)

provision conferring functions on any devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32));

(b)

provision amending this Act.

(7)

Before making regulations 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.