Levelling-up and Regeneration Act 2023 (c. 55)

Part 12 U.K. Miscellaneous

233 Power to replace Health and Safety Executive as building safety regulator E+W

(1) The Secretary of State may by regulations make provision for a body (“the new regulator”) to replace the Health and Safety Executive as the building safety regulator for the purposes of the Building Safety Act 2022.

(2) The new regulator may be—

(a) a body established by the regulations, or

(b) another body specified in the regulations.

(3) The Secretary of State may by regulations make further provision in connection with subsection (1), including provision—

(a) conferring the functions of the Health and Safety Executive as the building safety regulator on to the new regulator;

(b) establishing or modifying the constitutional arrangements of the new regulator;

(c) establishing or modifying the funding arrangements of the new regulator;

(d) conferring a power on the Secretary of State to give directions to the new regulator.

(4) Regulations under this section may amend, repeal or revoke any provision made by or under—

(a) the Health and Safety at Work etc. Act 1974;

(b) the Building Act 1984;

(c) TCPA 1990;

(d) section 54 of PCPA 2004;

(e) the Building Safety Act 2022.

(5) No regulations may be made under this section after the end of the period of 24 months beginning with the day on which the final report of the Grenfell Tower Inquiry is presented to Parliament in accordance with section 26 of the Inquiries Act 2005.

(6) In this section—

• “constitutional arrangements”, in relation to the new regulator, include matters relating to—

  (a)

  the name and status of the body;

  (b)

  the chair, members and staff of the body (including qualifications and procedures for appointment and functions);

  (c)

  the body’s powers to employ staff;

  (d)

  remuneration, allowances and pensions for the body’s members and staff;

  (e)

  governing procedures and arrangements (including the role and membership of committees and sub-committees);

  (f)

  reports and accounts (including audit);

• “funding arrangements”, in relation to the new regulator, include provision for it to be funded by a Minister of the Crown and the extent of such funding;

• “Grenfell Tower Inquiry” means the public inquiry into the fire at Grenfell Tower on 14 June 2017 as set up on 15 August 2017 for the purposes of section 5 of the Inquiries Act 2005;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

Commencement Information

I1 S. 233 in force at 26.12.2023, see s. 255(9)(b)