Clause 117 - Guidance

Building Safety Bill – in a Public Bill Committee at 3:30 pm on 19th October 2021.

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

Photo of Eddie Hughes Eddie Hughes Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)

Clause 117 sets out in one place the key powers of the Building Safety Regulator to issue guidance with statutory force on its functions under part 4, and the constraints on it doing so. If Members wish me to go into detail on any of the specific powers to issue guidance, I am happy to do so, but given that we have already discussed each of the clauses about which guidance may be issued, I do not propose to detain the Committee further.

I should point out that subsections (1), (2) and (5) enable the regulator to issue, withdraw or amend guidance, but only with the consent of the Secretary of State. Subsection (3) makes similar provision to that in the Building Act on the approved documents. That means that compliance with the guidance can be relied upon in court or tribunal proceedings as tending to establish compliance with the provision to which the guidance relates, while not following the guidance will tend to establish non-compliance with the relevant provision.

Question put and agreed to.

Clause 117 accordingly ordered to stand part of the Bill.