Part 4Higher-risk buildings

Miscellaneous and general

I1I2108Guidance

1

The regulator may issue guidance about any of the following matters—

a

the performance of any duties under section 87 (mandatory reporting requirements);

b

the performance of any duties under section 88 or 89 (duty to keep or give information);

c

the performance of any duties under section 92 (duty to give further information to residents);

d

the performance of any duties under section 93 (complaints procedure).

2

The regulator may revise or withdraw any issued guidance.

3

Where in any proceedings it is alleged that a person has contravened a provision mentioned in subsection (1)—

a

proof of a failure to comply with any applicable guidance may be relied on as tending to establish that there was such a contravention, and

b

proof of compliance with any applicable guidance may be relied on as tending to establish that there was no such contravention.

4

In any proceedings, a document purporting to be guidance under this section is to be taken to be such guidance unless the contrary is proved.

5

Guidance under this section may be issued, revised or withdrawn only with the consent of the Secretary of State.

6

In this section any reference to a provision includes regulations made under the provision.