Building Safety Act 2022

Staffing etc

13 Local authorities and fire and rescue authorities: assistance etc to regulator

(1) A relevant authority may at the request of the regulator do anything for the purpose of—

(a) facilitating the exercise by the regulator of a relevant function, or

(b) enabling the relevant authority to facilitate the exercise by the regulator of a relevant function.

(2) The regulator may, for a purpose mentioned in paragraph (a) or (b) of subsection (1), direct a relevant authority to do anything specified in the direction.

(3) The direction may specify the way in which, and the time by which, the thing is to be done.

(4) A direction—

(a) may be given only if the regulator considers that it is expedient for the authority to do the specified thing, and

(b) must state how, in the regulator’s opinion, the doing of the thing will facilitate the exercise of a relevant function or enable the authority to facilitate that exercise.

(5) A direction may be given only with the consent of the Secretary of State.

(6) Before giving a direction, the regulator must—

(a) make a written request under subsection (1) for the authority to do the thing, and

(b) have regard to any written representations made by the authority in the period specified in the request.

(7) A request under subsection (6)(a) must—

(a) state that the regulator may seek consent to give a direction under this section if the request is not complied with,

(b) state how, in the regulator’s opinion, the doing of the thing will facilitate the exercise of a relevant function or enable the authority to facilitate that exercise, and

(c) specify a reasonable period for the authority to make any representations as to why it should not do the thing requested.

(8) In this section—

• “relevant authority” means a local authority or fire and rescue authority;

• “relevant function” means—

  (a)

  a function of the regulator relating to—

  (i)

  the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or

  (ii)

  higher-risk building work (as defined by section 91ZA of the Building Act 1984), or

  (b)

  in the case of a local authority, a function of the regulator relating to the regulation of any work for which the regulator is the building control authority by virtue of section 91ZB of the Building Act 1984.

(9) A direction or consent under this section must be in writing.

14 FSO authorised persons: assistance etc to regulator

(1) An FSO authorised person may at the request of the regulator do anything for the purpose of—

(a) facilitating the exercise by the regulator of a relevant function, or

(b) enabling FSO authorised persons to facilitate the exercise by the regulator of a relevant function.

(2) In this section—

• “FSO authorised person” means a person authorised as mentioned in article 25(1)(e) of the Regulatory Reform (Fire Safety) Order 2005;

• “relevant function” means a function of the regulator relating to—

  (a)

  the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or

  (b)

  higher-risk building work (as defined by section 91ZA of the Building Act 1984).

15 Provision of assistance etc: supplementary

(1) This section supplements sections 13 and 14.

(2) A relevant authority must ensure that any of its staff involved in providing relevant assistance to the regulator have the appropriate skills, knowledge, experience and behaviours.

(3) For this purpose “relevant assistance” means anything done by the authority pursuant to a request or direction, for the purpose of facilitating the exercise by the regulator of a relevant function.

(4) The Secretary of State may by regulations make provision about the reimbursement by the regulator of expenditure incurred by relevant authorities in complying with requests or directions.

(5) The Secretary of State may pay a relevant authority such amount as the Secretary of State considers appropriate in respect of things done by the relevant authority in complying with a request or direction.

(6) The Secretary of State may by regulations make further provision in relation to requests and directions, including in particular provision about—

(a) things done by a relevant authority in connection with a request or direction;

(b) things done by an FSO authorised person in connection with a request.

(7) In this section—

• “direction” means a direction given under section 13;

• “FSO authorised person” has the meaning given by section 14;

• “relevant authority” has the meaning given by section 13;

• “relevant function” has the meaning given by section 13;

• “request” means a request made under section 13 or 14.

16 Guidance about the provision of assistance

(1) The regulator may issue guidance to—

(a) relevant authorities about their functions under section 13;

(b) FSO authorised persons about their functions under section 14.

(2) The regulator may revise or withdraw any issued guidance.

(3) A relevant authority must have regard to any guidance under this section when exercising its functions under section 13.

(4) An FSO authorised person must have regard to any guidance under this section when exercising their functions under section 14.

(5) Guidance under this section may be issued, revised or withdrawn only with the consent of the Secretary of State.

(6) In this section—

• “FSO authorised person” has the meaning given by section 14;

• “relevant authority” has the meaning given by section 13.