Schedule 5 - MINOR CONSEQUENTIAL AMENDMENTS IN CONNECTION WITH PART 3

Building Safety Bill – in a Public Bill Committee at 3:00 pm on 23rd September 2021.

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Amendments made: 22, in schedule 5, page 167, line 4, at end insert—

“(ba) after ‘Attorney General’ insert ‘, the Counsel General to the Welsh Government’”.

This amendment provides that certain provisions of the Building Act 1984 do not affect the right of the Counsel General to the Welsh Government to apply for an injunction on the ground that any work contravenes provision made by or under that Act.

Amendment 23, in schedule 5, page 170, line 2, leave out from “cooperation” to end of line 3 and insert—

“and the sharing of information: Wales”.

This amendment in consequential on the changes made to this section by other amendments.

Amendment 24, in schedule 5, page 170, leave out line 4 and insert—

“Relevant persons (as defined by subsection (3))”.

This amendment and Amendment 31 provide that the duty under subsection (1) to cooperate applies to Welsh fire and rescue authorities (as defined by amendment ) and fire inspectors (as defined by Amendment 30), rather than fire and rescue authorities as defined by the Building Act 1984.

Amendment 25, in schedule 5, page 170, line 6, leave out—

“, so far as relating to a higher-risk building”.

This amendment removes the restriction on the duty to cooperate, which currently provides that the duty applies only to functions so far as relating to higher-risk buildings.

Amendment 26, in schedule 5, page 170, line 7, leave out “the” and insert “a”.

This is consequential on Amendment 24.

Amendment 27, in schedule 5, page 170, line 8, leave out “the” and insert “a Welsh”.

This is consequential on Amendment 24.

Amendment 28, in schedule 5, page 170, line 11, at end insert—

“(c) any function of a fire inspector under that Order.”

This is consequential on Amendment 24.

Amendment 29, in schedule 5, page 170, line 14, at end insert—

“(2A) The Welsh Ministers and a relevant person must cooperate with each other in the exercise of any of the following functions—

(a) a function of the Welsh Ministers under Part 2A;

(b) a function mentioned in the relevant paragraph of subsection (1).

(2B) The Welsh Ministers may disclose information held in connection with a function under Part 2A to a relevant person for the purposes of—

(a) a function of the Welsh Ministers under Part 2A, or

(b) a function mentioned in the relevant paragraph of subsection (1).

(2C) A relevant person may disclose information held in connection with a function mentioned in the relevant paragraph of subsection (1) to the Welsh Ministers for the purposes of—

(a) a function mentioned in the relevant paragraph of subsection (1), or

(b) a function of the Welsh Ministers under Part 2A.

(2D) In subsections (2A) to (2C) “the relevant paragraph” of subsection (1), in relation to a kind of relevant person, means the paragraph of subsection (1) relating to a relevant person of that kind.”

This amendment imposes a duty on the Welsh Ministers and relevant persons to cooperate with each other in the exercise of certain functions, and a power to disclose certain information relating to those functions.

Amendment 30, in schedule 5,  page 170, line 15, leave out “paragraph—” and insert “section—

“fire inspector” means an inspector or assistant inspector appointed under section 28(1) of the Fire and Rescue Services Act 2004;”.

This amendment defines “fire inspector” for the purposes of the section.

Amendment 31, in schedule 5, page 170, line 16, leave out—

“or a fire and rescue authority in Wales”

and insert—

“, Welsh fire and rescue authority or fire inspector”.

This amendment changes the definition of “relevant person” for the purposes of the section.

Amendment 32, in schedule 5, page 170, line 30, leave out paragraph (b) and insert—

“(b) in relation to a Welsh fire and rescue authority, any function of such an authority under—

(i) the Fire and Rescue Services Act 2004, or

(ii) the Regulatory Reform (Fire Safety) Order 2005,

or any prescribed function of such an authority;

(c) in relation to a fire inspector, any function of a fire inspector under the Regulatory Reform (Fire Safety) Order 2005;”.

This amendment, which changes the definition of “relevant function” for the purposes of this section, is consequential on Amendment 31.

Amendment 33, in schedule 5, page 170, line 36, at end insert—

“’Welsh fire and rescue authority” means a fire and rescue authority, within the meaning of Part 1 of the Fire and Rescue Services Act 2004, for an area in Wales.”

This amendment defines “Welsh fire and rescue authority” for the purposes of the section.

Amendment 34, in schedule 5, page 170, line 36, at end insert—

“(4) Except as provided by subsection (5), the disclosure of information under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(5) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).

“The data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”

This amendment provides that the disclosure of information under this section does not breach any obligation of confidence or other restriction, and that the section does not authorise a disclosure of information that would contravene the data protection legislation.

Amendment 35, in schedule 5, page 173, line 29, at end insert—

“(b) after ‘Secretary of State’ insert ‘or Welsh Ministers’;

(c) for ‘him’ substitute ‘the Secretary of State or Welsh Ministers.’”.

This amendment makes provision in connection with the transfer of the power to make orders under section 134 of the Building Act 1984 (commencement), in relation to Wales, to the Welsh Ministers.

Amendment 36, in schedule 5, page 174, line 22, leave out “120I” and insert “120I(2)”.

This amendment, which is consequential on Amendment 17, makes regulations under new section 120I(4) of the Building Act 1984 subject to the negative procedure.

Amendment 37, in Schedule 5, page 175, line 17, after “120D” insert “or 120I”.

This amendment is consequential on Amendment 17.

Amendment 38, in Schedule 5, page 176, line 25, at end insert—

“81A In section 134 after subsection (1) insert—

(1A) Except so far as relating to the provisions listed in subsection (1B), the reference in subsection (1) to the Secretary of State is to be read, in relation to Wales, as a reference to the Welsh Ministers.

(1B) The provisions mentioned in subsection (1A) are sections 38, 44, 45 and 133(2) and Schedule 7.” —

This amendment provides that, in relation to Wales and subject to an exception for the provisions listed in subsection (1B), the power to make commencement orders under the Building Act 1984 is a power of the Welsh Ministers.

Schedule 5, as amended, agreed to.