Part 2The regulator and its functions

Staffing etc

I1I213Local 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—

    1. a

      a function of the regulator relating to—

      1. i

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

      2. ii

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

    2. 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.