Statutory Instruments
1996 No. 1906
BUILDING AND BUILDINGS
The Building (Approved Inspectors etc.) (Amendment) Regulations 1996
Made
22nd July 1996
Laid before Parliament
24th July 1996
Coming into force
14th October 1996
The Secretary of State, in exercise of the powers conferred on him by sections 1(1), 16(9), 17(1) and (6), 47(1), (2), (3) and (4), 49(5), 51A and paragraphs 1(b), 2(d), 3, 7 and 10 of Schedule 1 to the Building Act 1984(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and Commencement
1. These Regulations may be cited as the Building (Approved Inspectors etc.) (Amendment) Regulations 1996 and shall come into force on 14th October 1996.
Amendments to the Principal Regulations
2. The Building (Approved Inspectors etc.) Regulations 1985(2) (“the 1985 regulations”) shall be amended as follows.
3. In regulation 6(4), for the words “that person” there shall be substituted the words “an approved inspector whose approval has been withdrawn”.
4. After regulation 8, there shall be inserted the following regulation:—
“Amendment notice
8A.—(1) The prescribed form of an amendment notice shall be form 1A in Schedule 2.
(2) An amendment notice shall be accompanied by:—
(a)the plans and documents described in the notes to those forms, and
(b)a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work described in the notice.
(3) The grounds on which a local authority are required to reject an amendment notice are those prescribed in paragraphs 1 to 11 of Schedule 3.
(4) The period within which a local authority may give notice of rejection of an amendment notice is five working days beginning with the day on which the notice is given.
(5) Any reference in these Regulations to an initial notice or to an initial notice combined with a plans certificate shall in an appropriate case be construed as a reference to that initial notice as amended by an amendment notice which has been accepted by a local authority.”.
5. In regulation 28, in paragraph (1)(a), after the words “initial notices”, there shall be inserted the words, “amendment notices, notices under section 51C of the Act”.
6. In Schedule 2, after Form 1, there shall be inserted Form 1A which is set out in the Schedule to these Regulations.
Transitional provisions
7. These Regulations shall not apply in relation to any work in respect of which an initial notice has been given and accepted by a local authority, before 14th October 1996 and, whilst such a notice continues in force, the 1985 regulations shall continue to apply as if these Regulations had not been made.
Signed by authority of the Secretary of State
Robert Jones
Minister of State,
Department of the Environment
22nd July 1996
SCHEDULE(Prescribed form of Amendment notice)
FORM 1A
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Building (Approved Inspectors etc.) Regulation 1985 (the principal regulations) as a consequence of the Deregulation (Building) (Initial Notices and Final Certificates) Order 1996. That Order, amongst other things, provides for an amendment to an initial notice by way of an amendment notice.
These regulations amend the principal regulations by prescribing (as Form 1A) the form of amendment notice. They also prescribe the documents which must accompany an amendment notice and the grounds on which a local authority are required to reject such a notice and introduce in Regulation 8A the prescribed form of amendment notice which has the effect, once accepted by the local authority, of amending the initial notice.
These regulations also amend the principal regulations by providing in regulation 6(4) that a person who has been convicted of an offence and has had his approval withdrawn may not be given a further approval as an approved inspector for a period of five years beginning with the date of his conviction.
S.I. 1985/1066 to which there are amendments S.I. 1987/798, 1989/1119, 1992/740 and 1995/1387.