Part IVGeneral
F1Higher-risk buildings etc
120FRegulations under section 120D: additional procedure in certain cases
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.
Ss. 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)