Clause 54 - Minor and Consequential Amendments

Building Safety Bill – in a Public Bill Committee at 2:45 pm on 23rd September 2021.

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Question proposed, That the clause stand part of the Bill.

Photo of Clive Efford Clive Efford Labour, Eltham

With this, it will be convenient to discuss the following: Government amendments 22, 35 and 38.

That schedule 5 be the Fifth schedule to the Bill.

Government amendments 20 and 21.

Photo of Christopher Pincher Christopher Pincher Minister of State (Department for Levelling Up, Housing and Communities)

As these are Government amendments, I should probably speak to them, at least briefly.

These amendments provide Welsh Ministers with the power to commence certain provisions of the Bill in relation to Wales, as well as transferring to Welsh Ministers the power to commence certain uncommenced provisions of the Building Act 1984.

In broad terms, amendment 20 amends the commencement power in clause 146 of the Bill to ensure that only Welsh Ministers have the power to commence provisions that apply only in Wales; only the Secretary of State has the power to commence provisions that apply only in England; that Welsh Ministers have the power to commence in relation to Wales provisions that apply in England and Wales, with some minor exceptions; that the Secretary of State has the power to commence in relation to England provisions that apply in England and Wales; and that the Secretary of State retains the power to commence provisions that apply in England and Wales but which we consider are not within the legislative competence of the Senedd.

Amendment 22 ensures that in relation to buildings in Wales where enforcement action has been taken under section 36 of the 1984 Act, there is clarification that the power to seek an injunction for rectification or removal of work in breach of the building relations is not prejudiced, and it applies to the Counsel General. It is a technical amendment; it does not transfer or confer any new powers on the Counsel General. It is merely a clarification.

I turn very briefly to schedule 5. As well as the substantive changes to the 1984 Act set out in clauses in part 3 of the Bill, a number of minor and consequential amendments to the Act are set out in schedule 5. These changes include those needed to reflect the new terminology used in part 3, such as building control authorities or applications for building control approval. They also include changes to reflect the fact that certain functions previously exercised by the Secretary of State will now be exercised by the Building Safety Regulator.

These are all necessary changes to ensure that the Building Act 1984, and other pieces of legislation, fully reflect the changes made in the Bill, enabling the legislation to work effectively. I commend these amendments to the Committee.

Question put and agreed to.

Clause 54 accordingly ordered to stand part of the Bill.