[F1120FRegulations under section 120D: additional procedure in certain casesE+W
(1)This section applies if the Secretary of State proposes to make regulations under section 120D that would result in a description of building (including anything within subsection (5) of that section) becoming a higher-risk building for the purposes of this Act as it applies in relation to England.
(2)The Secretary of State must ask the regulator under section 120H(1) for advice about the description of building, except where the regulations would give effect to a recommendation under section 120G(2).
(3)The Secretary of State must carry out a cost-benefit analysis and publish it.
(4)In this section “cost-benefit analysis” means—
(a)an analysis of the costs together with an analysis of the benefits that will arise if the regulations are made, and
(b)an estimate of those costs and of those benefits (subject to subsection (5)).
(5)If, in the opinion of the Secretary of State—
(a)the costs or benefits cannot reasonably be estimated, or
(b)it is not reasonably practicable to produce an estimate,
the cost-benefit analysis need not estimate them, but must include a statement of the Secretary of State’s opinion and an explanation for it.]
Textual Amendments
F1Ss. 120D-120I and cross-heading inserted (28.6.2022 so far as it relates to ss. 120D-120H, 9.12.2022 so far as it relates to s. 120I) by Building Safety Act 2022 (c. 30), ss. 31, 170(4)(a)(c); S.I. 2022/561, reg. 3(d); S.I. 2022/1287, reg. 2(a)