Part 2The regulator and its functions
Supplementary and general
30Interpretation of Part 2
1
In this Part—
“building” (except in section 28(6)) means any permanent or temporary building in England except a building of a prescribed description;
“building function” has the meaning given by section 3;
“the built environment industry” means—
- a
persons carrying on, for business purposes, activities connected with the design, construction, management or maintenance of buildings, and
- b
employees of such persons;
and references to a person “in” the industry are to any such person or employee;
- a
“contravention” includes a failure to comply;
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“disabled”: a person is disabled if the person has a physical or mental impairment which has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities;
“financial year” means a year ending with 31 March;
“fire and rescue authority” means a fire and rescue authority, within the meaning of Part 1 of the Fire and Rescue Services Act 2004, for an area in England;
“local authority” means—
- a
a district council or relevant unitary authority,
- b
a London borough council,
- c
the Common Council of the City of London,
- d
the Sub-Treasurer of the Inner Temple,
- e
the Under Treasurer of the Middle Temple, or
- f
the Council of the Isles of Scilly;
- a
“maximum summary term for either-way offences”, with reference to imprisonment for an offence, means—
- a
if the offence is committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;
- b
if the offence is committed after that time, 12 months;
- a
“owner” has the meaning given by section 115;
“personal data” has the same meaning as in the Data Protection Act 2018;
“prescribed” means prescribed by regulations made by the Secretary of State;
“registered building inspector” has the meaning given by section 58A of the Building Act 1984;
“the regulator” has the meaning given by section 2;
“resident” and “resident of a higher-risk building” have the same meaning as in Part 4 (see section 71(3) and (4)(c));
“residential unit” means—
- a
a dwelling, or
- b
any other unit of living accommodation;
- a
“standard”: any reference to the standard of a building is to its standard from a technical perspective.
2
In subsection (1), in the definition of “local authority”, “relevant unitary authority” means a council for a county in England so far as it is the council for an area for which there are no district councils.
3
The Secretary of State may by regulations provide that in any prescribed provision of this Part a reference to a building includes any of the following—
a
any other structure or erection of any kind (whether temporary or permanent);
b
any vehicle, vessel or other movable object of any kind, in such circumstances as may be prescribed.