- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
23.—(1) The following decisions of the regulator are prescribed for the purposes of section 25(1)(1) of the 2022 Act—
(a)a decision not to register a higher-risk building further to an application;
(b)a decision to remove a building from the register(2);
(c)a decision to refuse to remove a building from the register;
(d)a decision to refuse an application for a building assessment certificate(3);
(e)a decision to give a direction for assessment of building safety risks pursuant to section 83(2)(c) of the 2022 Act.
(2) The persons prescribed for the purposes of section 25(2) of the 2022 Act are—
(a)in relation to a decision under paragraph (1)(a), (b), (d) or (e) an affected person within the meaning in section 104(4) of the 2022 Act;
(b)in relation to a decision under paragraph (1)(c), an AP for the higher-risk building (or person who would be an AP for the building if the building were a higher-risk building).
(3) The prescribed period for giving a notice to the regulator is within 21 relevant days beginning with the day on which the decision is made.
(4) The prescribed information to be contained in a notice (“the notice”) is—
(a)details for the person giving the notice as follows—
(i)their name;
(ii)an address in England and Wales at which notices (including notices in proceedings) may be served on them;
(iii)their email address;
(iv)their telephone number;
(b)the name and address of any person authorised to give the notice on behalf of a person set out at paragraph (3);
(c)the address, postcode, and if applicable, the name of the building to which the relevant decision relates;
(d)a summary of the review being sought that—
(i)identifies the decision for review, and
(ii)sets out the reason for the review;
(e)any new information that is available to the person giving the notice, that may have been relevant to the regulator’s original decision and was not available at the time the original decision was made;
(f)confirmation that any other AP for the same building to which the decision relates has been given a copy of the notice.
(5) The period prescribed for the purposes of section 25(7) of the 2022 Act, is within 28 relevant days beginning with the day that the regulator receives the notice.
Section 25 of the 2022 Act is entitled “review by regulator of certain decisions made by it”.
See section 78(3) of the 2022 Act for provision regarding a decision to remove a building from the register.
See section 81 of the 2022 Act for provision regarding a decision as to whether or not to issue a building assessment certificate.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: