Sustainable and Secure Buildings Act 2004

9 Appointed person and management of works

In Schedule 1 to the Building Act 1984 (c. 55) (provision that may be included in building regulations) before paragraph 5 insert—

“4B (1) Building regulations may provide that in relation to any work of any type that is being, or that is proposed to be, carried out in prescribed circumstances, there shall be a person appointed for the purposes of this paragraph (the “appointed person”).

(2) The appointed person in relation to any work shall be a person of a prescribed class or description who is appointed by a person determined in accordance with building regulations; and such regulations may make provision for a person to appoint himself.

(3) Building regulations may—

(a) require appointments for the purposes of this paragraph to be made within such periods or at such times as may be prescribed;

(b) make provision in relation to—

(i) the termination of a person’s appointment;

(ii) the replacement of an appointed person.

(4) Building regulations may—

(a) provide that the appointed person in relation to any work shall have such duties in relation to the planning and management of the carrying out of that work as may be prescribed for purposes connected with facilitating compliance with the requirements of building regulations in relation to that work;

(b) for those purposes impose duties in relation to—

(i) the appointed person, or

(ii) anything that he does, or proposes to do, in connection with his duties,

on persons who are participating, or who are to participate, in the carrying out of that work.

(5) The duties that building regulations may impose on persons who are participating, or who are to participate, in the carrying out of any work include—

(a) duties to comply with directions given to them by the appointed person;

(b) duties that are framed by reference to determinations made by that person.”