http://www.legislation.gov.uk/ukpga/2022/30/section/45Building Safety Act 2022Statute Law Database2026-01-27Expert Participation2026-01-27 Building Safety Act 2022Sch. 3 para. 3(5)(e) and wordLeasehold and Freehold Reform Act 2024Sch. 13 para. 7(b)s. 124(3)Building Safety Act 2022s. 45The Building Safety Act 2022 (Commencement No. 6) (Wales) Regulations 2025Rheoliadau Deddf Diogelwch Adeiladau 2022 (Cychwyn Rhif 6) (Cymru) 2025reg. 2(f) Part 3451The Building Act 1984 is amended as follows.2In section 116 (power to transfer local authority functions to appropriate national authority)—ain the heading for “Secretary of State” substitute “appropriate national authority”;bin subsection (1)—ifor “Secretary of State” substitute “appropriate national authority”;iifor “he” substitute “it”;cin subsection (2)—ifor “Secretary of State” substitute “appropriate national authority”;iifor the words from “make an order” to the end substitute “make a transfer order in respect of the body in default.”;dafter subsection (2) insert—3The Secretary of State must consult the regulator before making an order under subsection (1) or (2).4The Secretary of State may also make a transfer order in respect of a local authority if—aunder section 58Z7(2) the regulator recommends that the Secretary of State make a transfer order in respect of the authority, andbthe Secretary of State is satisfied that the way in which the authority exercises its functions under this Act—ifalls short of the standards expected, andiiputs, or may put, the safety of persons in or about buildings at risk,and is likely to continue to do so.5The Welsh Ministers may also make a transfer order in respect of a local authority if the Welsh Ministers are satisfied that the way in which the authority exercises its functions under this Act—afalls short of the standards expected, andbputs, or may put, the safety of persons in or about buildings at risk,and is likely to continue to do so.6A “transfer order”, in respect of a local authority or joint board, is an order transferring to the appropriate national authority, or to another local authority, such functions of the authority or board as may be specified in the order.3In section 117 (expenses)—ain the heading for “Secretary of State” substitute “appropriate national authority”;bbefore subsection (1) insert—A1This section applies where the appropriate national authority has transferred functions to itself by a transfer order under section 116.A2Any expenses incurred by the Secretary of State in discharging the transferred functions are to be paid in the first instance out of money provided by Parliament.;cin subsection (1)—ifor the words before paragraph (a) substitute “The amount of any expenses certified by the appropriate national authority as having been incurred by the authority in discharging the transferred functions”;iiin paragraph (a) for “him” substitute “the authority”;iiiin paragraph (b) for the words from “him” to the end substitute “the authority from the body as a debt due to the authority”;din subsection (2) for “Secretary of State” substitute “appropriate national authority”.4In section 118 (variation or revocation of transfer order)—ain subsection (1)—ifor “Secretary of State” substitute “appropriate national authority”;iifor “an order under section 116(2)” substitute “a transfer order under section 116”;iiifor “he” substitute “it”;bafter subsection (1) insert—1AThe Secretary of State must consult the regulator before making an order under subsection (1).;cin subsection (2)—ifor “Secretary of State” substitute “appropriate national authority”;iifor “him”, in the first place it occurs, substitute “it”;iiifor the words from “by him” to the end substitute “, by the person to whom the revoked order transferred functions, in discharging those functions.”S. 45 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)S. 45 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(d) (with reg. 3)