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—

    1. a

      persons carrying on, for business purposes, activities connected with the design, construction, management or maintenance of buildings, and

    2. b

      employees of such persons;

    and references to a person “in” the industry are to any such person or employee;

  • 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—

    1. a

      a district council or relevant unitary authority,

    2. b

      a London borough council,

    3. c

      the Common Council of the City of London,

    4. d

      the Sub-Treasurer of the Inner Temple,

    5. e

      the Under Treasurer of the Middle Temple, or

    6. f

      the Council of the Isles of Scilly;

  • maximum summary term for either-way offences”, with reference to imprisonment for an offence, means—

    1. 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;

    2. b

      if the offence is committed after that time, 12 months;

  • 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—

    1. a

      a dwelling, or

    2. b

      any other unit of living accommodation;

  • 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.