F1Part 2AREGULATION OF BUILDING CONTROL PROFESSION
Operational standards rules
58Z6Continuing failure to meet standards: registered building control approvers
1
This section applies where—
a
the regulatory authority has given a registered building control approver one or more serious contravention notices under section 58Z5, and
b
it appears to the regulatory authority that the way in which the approver exercises their building control functions—
i
falls short of the standards expected, and
ii
puts, or may put, the safety of persons in or about buildings at risk,
and is likely to continue to do so.
2
The regulatory authority may cancel the approver’s registration.
3
But before cancelling a registered building control approver’s registration under subsection (2) the regulatory authority must—
a
give the approver notice that it is considering its registration under that subsection, and explain its reasons, and
b
invite the approver to make representations within a period specified in the notice (which must not be less than 14 days).
4
Where the regulatory authority cancels a registered building control approver’s registration under subsection (2) it must as soon as reasonably practicable—
a
notify the approver that it has done so,
b
give the approver a statement of its reasons, and
c
notify—
i
each local authority in England, where the regulatory authority is the regulator, or
ii
each local authority in Wales, where the regulatory authority is the Welsh Ministers.
5
A registered building control approver may appeal to the appropriate court or tribunal against the cancellation of its registration under subsection (2).
Pt. 2A inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 for specified purposes except in relation to W) by Building Safety Act 2022 (c. 30), ss. 42, 170(4); S.I. 2023/362, reg. 3(1)(s); S.I. 2023/914, reg. 2(b)(viii) (with reg. 7); S.I. 2023/993, reg. 2(k)