Building Safety Act 2022

Section 43

Schedule 4E+WTransfer of approved inspectors’ functions to registered building control approvers

1E+WThe Building Act 1984 is amended as follows.

2E+WIn section 42(1) (appeals) for “approved inspector” substitute “registered building control approver”.

3E+WIn the heading before section 47, for “approved inspectors” substitute “registered building control approvers”.

4(1)Section 47 (giving and acceptance of initial notice) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a) for “an approved inspector” substitute “a registered building control approver”;

(b)in the words after paragraph (d) for “approved inspector” substitute “registered building control approver”.

(3)In subsection (5)(b)—

(a)for “approved inspector” substitute “registered building control approver”;

(b)for “his” substitute “their”.

5E+WOmit section 49 (approved inspectors).

6E+WIn section 50(7) (plans certificates) for “approved inspector”, in both places it occurs, substitute “registered building control approver”.

7E+WIn section 51(1) (final certificates)—

(a)for “an approved inspector” substitute “a registered building control approver”;

(b)for “him” substitute “them”;

(c)for “he” substitute “they”;

(d)for “his” substitute “their”.

8E+WIn section 51A(2)(a)(ii) (variation of work) for “approved inspector” substitute “registered building control approver”.

9E+WIn section 51C(2)(a) (change of person carrying out work) for “approved inspector” substitute “registered building control approver”.

10(1)Section 52 (cancellation of initial notice) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a)—

(i)for “approved inspector” substitute “registered building control approver”;

(ii)for “his” substitute “their”;

(b)in paragraph (b)—

(i)for “approved inspector” substitute “registered building control approver”;

(ii)for “he is” substitute “they are”;

(iii)for “his” substitute “their”;

(c)in paragraph (c) for “approved inspector” substitute “registered building control approver”.

(3)In subsection (2)(a) for “approved inspector” substitute “registered building control approver”.

11E+WIn section 56(5) (powers to require information) for “approved inspector” substitute “registered building control approver”.

12E+WIn section 57 (offences), for subsection (3) substitute—

“(3)Where a registered building control approver is convicted of an offence under this section, the court by or before which they are convicted must, within one month of the date of conviction, forward a certificate of the conviction to—

(a)the regulatory authority, or

(b)if the regulatory authority has delegated its functions in relation to the register of building control approvers to another person under section 58Y, that person.”

13E+WIn section 58(3) (construction of Part 2)—

(a)for “an approved inspector” substitute “a registered building control approver”;

(b)for “him” substitute “them”.

14E+WIn section 126 (general interpretation)—

(a)omit the definition of “approved inspector”;

(b)at the appropriate place insert—

• ““registered building control approver” has the meaning given by section 58N;”;

• “““registered building inspector” has the meaning given by section 58B;”;

• ““regulatory authority” has the meaning given by section 58A;”.