Clause 6 - Proper person
Sustainable and Secure Buildings Bill
11:15 am
Mr Phil Hope (Parliamentary Under-Secretary, Office of the Deputy Prime Minister; Corby, Labour/Co-operative)
Amendment No. 10 changes clause 6, which amends the Building Act 1984. It provides for a new sort of certificate to be given to the building control body by
''a person of a prescribed class or description''.
It is an enabling measure. The details are left out so that they can be set down in regulations after the usual processes of consultation and regulatory impact assessment.
The new power might be used to create a new sort of certificate to be given to the building control body—a local authority or a private sector approved inspector—by the builder or the main contractor. It might be a certificate to the effect that the project is complete and complies with the regulations. At present, there is no requirement in building work—subject to the normal building control procedures—for a certificate from the builder's side that declares that the work complies. New subsection (4)(a) allows us to require such certificates. That will have a salutary effect and serve as a powerful reminder to builders of their existing legal responsibilities to make their building work comply with the technical requirements of the building regulations.
The hon. Gentleman has covered several detailed points very well. Amendments Nos. 11 and 12 are consequential. I will make a final key point: amendment No. 12 amends section 52 of the Building Act 1984 to make it clear that an approved inspector should cancel the initial notice if there is a procedural contravention of the building regulations, such as a failure to provide a new sort of certificate, and the person responsible has not put right the contravention after due warning.
The hon. Gentleman described the changes in the amendments very well, and we support them.
Amendment agreed to.
Amendments made: No. 11, in
clause 6, page 6, line 32, leave out sub-paragraph (3).
No. 12, in
clause 6, page 6, line 37, at end insert—
'(1A) In section 47(1) of that Act (giving of initial notices) after ''giving'' insert ''and receiving''.
(1B) In section 52(2) of that Act (cancellation of initial notice for contravention of building regulations)—
(a) in paragraph (a) after ''work'' insert ''or intending to carry out the work'';
(b) in paragraph (b) for the words from ''that person'' onwards substitute ''the prescribed steps are not taken by the person who, in accordance with building regulations, is required to take them''.'.
No. 13, in
clause 6, page 6, line 42, leave out '4A(1)'and insert '4A(1)(a) or (b)'.—[Mr. Stunell.]
Clause 6, as amended, ordered to stand part of the Bill.
It being twenty-five minutes past Eleven o'clock, The Chairman adjourned the Committee without Question put, pursuant to the Standing Order.
Adjourned till Tuesday 9 March at half-past Nine o'clock.