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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Building Safety Act 2022 (Commencement No. 5 and Consequential Amendments) (Wales) Regulations 2024 No. 447 (W. 75) (C. 26) URL: https://www.bailii.org/wales/legis/num_reg/2024/wsi_2024447_en_1.html |
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This is the original version (as it was
originally made). This item of legislation is
currently
only available in its original
format.
Welsh Statutory Instruments
Building And Buildings, Wales
Made
2 April 2024
1.—(1) The title of these Regulations is the Building Safety Act 2022 (Commencement
No. 5 and
Consequential
Amendments) (
Wales)
Regulations 2024 and they
come
into
force
on 25 April 2024.
(2) In these Regulations—
“
2005 Order” (“
Gorchymyn 2005”) means the Regulatory Reform (Fire
Safety) Order 2005(
2);
“
2012 Regulations” (“
Rheoliadau 2012”) means the Energy Performance of Buildings (England and Wales)
Regulations 2012(
3);
“
Approved Inspectors Regulations” (“
Rheoliadau Arolygwyr Cymeradwy”)
means the Building (Approved Inspectors etc.) Regulations 2010(
4).
(3) These Regulations apply in relation to Wales.
2. Section 49(1) and (2) of the Building Safety Act 2022 comes
into
force
on 25 April 2024.
3. In the following
provisions (including headings) of the Approved Inspectors Regulations,
for
“approved inspector”, in each place it occurs, including
where
it only occurs once, substitute
“approver”—
(a) the heading of Part 3;
(b) regulation 8( 5), including in the heading;
(c) regulation 9( 6), including in the heading;
(d) regulation 12, including in the heading;
(e) regulation 13, including in the heading;
(f) regulation 16( 7);
(g) regulation 18;
(h) regulation 20(1)( 8);
(i) regulation 20(5)(a);
(j) regulation 20(6), in substituted paragraph 4(a);
(k) regulation 20(6A)( 9), in substituted paragraph 3;
(l) Schedule 2( 10);
(m) Schedule 3( 11), including in the heading of paragraph 5;
(n) Schedule 4( 12), including in the heading of paragraph 4.
4.—(1) The 2005 Order is amended as follows.
(2) In article 30(5)(c)
after “the approved inspector”, insert
“or registered building
control
approver”.
(3) In article 46(3) for
“an approved inspector
within
the meaning of section 49 of the Building Act 1984” substitute
“a registered building
control
approver
within
the meaning of section 58N of the Building Act 1984”.
5. In regulation 32(1)(c)(
13) of the 2012 Regulations
for
“an approved inspector
for
the purposes of the inspector’s” substitute
“a registered building
control
approver
for
the purposes of the approver’s”.
6. The amendments in regulations 3, 4(3) and 5 do
not apply to a person
who,
by virtue of regulation 4 of the Building Safety Act 2022 (
Commencement
No 4, Transitional and Savings Provisions) (
Wales)
Regulations 2024(
14),
continues
in the
capacity
of an approved inspector on or after 6 April 2024.
(This note is not part of the Regulations)
These Regulations amend the Building (Approved Inspectors etc.) Regulations 2010 (
S.I. 2010/2215) (“
the Approved Inspectors Regulations”), the Regulatory Reform (Fire
Safety) Order 2005 (
S.I. 2005/1541) (“
the 2005 Order”) and the Energy Performance of Buildings (England and
Wales)
Regulations 2012 (
S.I. 2012/3118) (“
the 2012 Regulations”) in
consequence
of Part 3 of the Building Safety Act 2022 (“
the 2022 Act”). Regulation 2 of these Regulations
commences
section 49(1) and (2) of the 2022 Act.
Part 3 of the 2022 Act amends the Building Act 1984 (“
the 1984 Act”) and defines
the scope and provisions
for
the regime
during
the
design
and
construction
phase
for
higher-risk buildings. It also provides
for
the registration of building inspectors and building
control
approvers to better regulate and improve
competence
levels in the building
control
sector.
Regulation 3 of these Regulations amends specific provisions of the Approved Inspectors Regulations to amend references to “approved inspector” to “approver” so that they will
continue
to apply to registered building
control
approvers. The term “approver” is
defined
in regulation 2 of the Approved Inspectors Regulations as being a “registered building
control
approver”.
Regulation 4 amends the 2005 Order and regulation 5 amends the 2012 Regulations to similar effect but inserts the terms which
are in keeping
with
those instruments.
Despite
the amendments made by regulations 3, 4 and 5 of these Regulations, the Approved Inspectors Regulations
will
continue
to apply to approved inspectors
for
the transition period (6 April 2024 to 1 October 2024).
The Welsh
Ministers’
Code
of Practice on the
carrying
out of Regulatory Impact Assessments
was
considered
in relation to these Regulations. As a result, it
was
not
considered
necessary to
carry
out a regulatory impact assessment as to the likely
costs
and benefits of
complying
with
this instrument.
(This note is not part of the Regulations)
The following
provisions of the 2022 Act have been brought into
force
in relation to
Wales
by
commencement
regulations made before the
date
of these Regulations.
Provision | ![]() ![]() ![]() | S.I. No. |
---|---|---|
Section 2(2) and Schedule 1 | 28 June 2022 |
2022/561 (![]() ![]() |
Section 31 (partially) | 9 ![]() ![]() |
2022/1287 (![]() ![]() ![]() ![]() |
Section 32(1) and 32(4) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 32(3) (partially) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 32(3) (![]() ![]() ![]() ![]() |
6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Section 33 (partially) | 6 April 2023 |
2023/362 (![]() ![]() |
Section 33 (![]() ![]() |
5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 34 | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 35 | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 36 (partially) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 37 (partially) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 38 (partially) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 39 (partially) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 40 | 6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Section 41 | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 42 (partially) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 42 (partially) | 1 January 2024 |
2023/914 (![]() ![]() ![]() ![]() |
Section 42 (so ![]() ![]() |
6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Section 42 (![]() ![]() ![]() ![]() |
6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Section 43 | 6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Section 44 (partially) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 44 (![]() ![]() |
6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Section 46 (partially) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 46 (![]() ![]() |
6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Section 47 | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 48 | 28 July 2022 |
2022/774 (![]() ![]() ![]() ![]() |
Section 49 (partially) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 50 (partially) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 50 (![]() ![]() |
6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Section 51 (partially) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 51 (![]() ![]() |
6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Section 52 (partially) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 52 (![]() ![]() |
6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Section 53(2) and (3)(a)(ii) and (iii) and (3)(b) | 6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Section 55 | 9 ![]() ![]() |
2022/1287 (![]() ![]() ![]() ![]() |
Section 56 | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Section 57 | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Sections 130 and 131 | 28 June 2022 |
2022/561 (![]() ![]() |
Section 132 (partially) | 28 May 2022 |
2022/561 (![]() ![]() |
Section 132 (![]() ![]() |
28 June 2022 |
2022/561 (![]() ![]() |
Section 156 except sub-section (4) (and sub-section (8) so ![]() ![]() ![]() ![]() |
1 October 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Schedule 4 | 6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Schedule 5, paragraphs 1, 77 (partially), 78 and 81 (partially) | 9 ![]() ![]() |
2022/1287 (![]() ![]() ![]() ![]() |
Schedule 5, paragraphs 2, 3, 4(1) and 4(2), 5(1) and 5(2), 6, 9, 10, 11(1), 11(2) and 11(3), 12(1) and 12(2), 13(1), 13(2), 13(5) and 13(6), 14(1), 14(2), 14(3)(b) and 14(4)(b), 15(1) to 15(5) and 15(9), 16, 17, 22(1) and 22(8), 40(1) and 40(3), 42(1) and 42(3), 46(1) and 46(2), 50, 51, 53, 55(1), 55(4)(a) and 55(6), 57(1) and 57(3), 67, 71, 74(1) and 74(2), 75, 76(1) and 76(3), 80 (partially), 81 (partially), 82, 83(1), 83(2), 83(3) (partially), 83(7), 83(8) and 83(9), 84(1) and 84(3) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Schedule 5, paragraph 56 | 6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Schedule 5 (except ![]() ![]() |
6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
Schedule 6, paragraph 30 (partially) | 5 September 2023 |
2023/914 (![]() ![]() ![]() ![]() |
Schedule 6 (![]() ![]() |
6 April 2024 |
2024/207 (![]() ![]() ![]() ![]() |
There are amendments to regulation 8 but none is relevant to these Regulations.
There are amendments to regulation 9 but none is relevant to these Regulations.
Regulation 16 was
amended by regulation 38 of
S.I. 2012/3119and regulation 31 of
S.I. 2013/747 (
W.
89).
Regulation 20(1) was
amended by regulation 32 of
S.I. 2013/747 (
W.
89), regulation 13(a) and (b) of
S.I. 2014/110 (
W.
10), regulation 3(3)(a) and (b)(i) of
S.I. 2016/611 (
W.
168)and regulation 20(a)(i) and (ii) and (b)(i), (ii) and (iii) of
S.I. 2022/564 (
W.
130).
Regulation 20(6A) was
added by regulation 20(
d)
of
S.I. 2022/564 (
W.
130).
There are amendments to Schedule 2, but none is relevant to these Regulations.
There are amendments to Schedule 3, but none is relevant to these Regulations.
There are amendments to Schedule 4, but none is relevant to these Regulations.
There are amendments to section 32(1), but none is relevant to these Regulations.
S.I. 2024/207 (W.
39) (
C. 10).