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The Building Safety Act 2022 (Commencement No. 3, Transitional and Saving Provisions) (Wales) Regulations 2023

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Provisions coming into force on 5 September 2023

2.  The following provisions of the 2022 Act come into force on 5 September 2023—

(a)section 32(1) and (4) (building control authorities) in relation to Wales, and section 32(3) for the purpose of making regulations under section 91ZD of the 1984 Act;

(b)in relation to Wales—

(i)section 33 (building regulations), for all remaining purposes;

(ii)sections 34 and 35 (duty holders and general duties, and industry competence);

(iii)section 36 (lapse of building control approval etc), for the purpose of making regulations under sections 32 and 53A of, and paragraph 4A(6) of Schedule 4 to, the 1984 Act;

(iv)section 37 (determination of certain applications by appropriate national authority), for the purpose of making regulations under section 30A of the 1984 Act;

(v)section 38 (compliance and stop notices), for the purpose of making regulations under sections 35B, 35C and 35D of the 1984 Act;

(vi)section 39 (breach of building regulations), for the purpose of making regulations under section 35 of the 1984 Act;

(vii)section 41 (revocation etc of certain provision made under section 2(2) of the European Communities Act 1972);

(viii)section 42 (regulation of building control profession)—

(aa)for the purpose of making regulations under sections 58C, 58O, 58U, 58V, 58Z4 and 58Z5 of the 1984 Act;

(bb)for the purpose of preparing and publishing documents under sections 58F, 58H, 58R, 58T, 58Z and 58Z3 of the 1984 Act;

(cc)so far as it relates to inserting section 58Y into the 1984 Act;

(ix)section 44 (functions exercisable only through, or with advice of, registered building inspectors), for the purpose of making regulations under sections 46A and 54B of the 1984 Act;

(x)section 46 (higher-risk building work: registered building control approvers), for the purpose of making regulations under sections 52A and 55 of the 1984 Act;

(xi)section 47 (higher-risk building work: public bodies);

(xii)sections 49 to 52 (plans certificates, cancellation of initial notice, new initial notices and information gathering), for the purpose of making regulations under sections 50, 52, 53, 53B, 53C and 53D of, and paragraph 2 of Schedule 4 to, the 1984 Act;

(xiii)the paragraphs of Schedule 5 (minor and consequential amendments in connection with Part 3 of the 2022 Act) specified in the Schedule to these Regulations;

(xiv)section 56 (appeals) (subject to the exceptions in section 170(4)(b)(ix) of the 2022 Act);

(xv)paragraph 30 of Schedule 6 (appeals and other determinations), for the purpose of making regulations under section 101A of the 1984 Act;

(xvi)section 57 (fees and charges).

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