Schedules

Schedule 5 U.K.Minor and consequential amendments in connection with Part 3

Part 1 E+WAmendments of the Building Act 1984

14 (1) Section 11 is amended as follows. E+W

(2) In subsection (1)—

(a) for “Secretary of State” substitute “appropriate national authority”;

(b) for “he may, either on an application made to him or of his” substitute “the authority may, either on an application made by any person (the “original applicant”) or of its”.

(3) In subsection (2)(b)—

(a) after “may” insert “, either on an application or of the appropriate national authority’s own accord,”;

(b) for “Secretary of State” substitute “appropriate national authority”.

(4) In subsection (3)—

(a) after “(1)” insert “or (2)(b)”;

(b) for “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.

(5) After that subsection insert—

“(3A) The regulator may at any time make a proposal to the Secretary of State for the giving of a direction under this section.

(3B) Before making a proposal, the regulator must consult—

(a) such persons as it considers appropriate, and

(b) if the proposal is for a direction that would vary or revoke a direction given on an application under subsection (1), the original applicant.

(3C) Before giving a direction under this section, other than a direction proposed by the regulator, the Secretary of State must consult—

(a) the regulator,

(b) any other person the Secretary of State considers appropriate, and

(c) if the direction would vary or revoke a direction given on an application under subsection (1), the original applicant.”

(6) For subsections (4) and (5) substitute—

“(4) Before giving a direction under subsection (1) or (2)(b), the Welsh Ministers must consult such persons as they consider appropriate.

(5) Where the appropriate national authority gives a direction under subsection (1) or (2)(b), it must publish notice of that fact in such way as it considers appropriate.”

(7) In subsection (6)—

(a) omit “not exceeding level 5 on the standard scale”;

(b) for “£50” substitute “level 1 on the standard scale”.

(8) In subsection (7) for the words from “before that time” to the end substitute “an application for building control approval in relation to the proposed work was made before that time.”

Commencement Information

I1 Sch. 5 para. 14 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

I2 Sch. 5 para. 14(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 17

I3 Sch. 5 para. 14(1)(2)(3)(b)(4)(b) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 11

I4 Sch. 5 para. 14(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(vii)

I5 Sch. 5 para. 14(2)(3)(b)(4)(b) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 18

I6 Sch. 5 para. 14(3)(a)(4)(a)(5)-(8) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(vii) (with regs. 3, 4)

I7 Sch. 5 para. 14(3)(a)(4)(a)(5)-(7) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)