Part 5: Other provisions about safety standards, etc. Construction products Section 154 – Cost contribution orders made by the Secretary of State Proposed use of power
This power will be used to make regulations to enable the Secretary of State to make a costs contribution order against an economic operator where the relevant conditions have been met, to require them to pay the relevant cost of remediation works. Regulations will set out the matters that the Secretary of State will need to consider when deciding whether to make a costs contribution order and, where applicable, the amount that an economic operator should be required to pay. Regulations will also enable the Secretary of State to require an economic operator to pay for cost of any assessments undertaken as part of this process.  Regulations will also allow for an economic operator to apply for the decision to be reviewed by the Secretary of State and will set out the circumstances under which appeals can be made to a court or tribunal.
Example
A manufacturer is successfully prosecuted for non-compliance with construction products regulations, following an investigation by the regulator which found that the fire doors that they manufacture do not have the resistance to fire claimed in their marketing material.
The Secretary of State appoints assessors to undertake an assessment of residential buildings where the product has been used. The assessment finds that dwellings have been made unfit for habitation as a result of these doors having been used, and that the doors would need to be replaced to make the dwellings fit for habitation, and the costs of carrying out such remediation.
The Secretary of State then makes a costs contribution order against the manufacturer. This order also requires the manufacturer to pay the costs incurred by the Secretary of State in relation to the assessment process.