Paragraph 17 Paragraphs 75, 76(2)-(3)(a), 77, 85 Background
Although most of the secondary legislation made under the Building Act will be building regulations, there will be some which will not because their subject matter does not fall within the scope of building regulations. These are regulations on public bodies and higher-risk building work (section 54A); establishment of registers (sections 55, 56A, 56B and 91A); certain appeals (section 55); the allocation of functions under Part 3 of the Building Act 1984 (section 90A); forms of notices or other documents (section 92); fees and charges because these may cover functions under the Act which do not relate to building regulations (section 105B); the imposition of a levy (section 105C); the meaning of higher-risk building in the Building Act (section 120D for England and section 120I for Wales); and the meaning of work in the Building Act 1984 (section 125A).
	New section 120B replaces sections 14(3) and (4) of the Building Act 1984 which previously set out requirements for consultation on proposals for building regulations in England.
Example
The Building Safety Regulator considers that new building regulations relating to Part B (fire safety) are required and should be recommended to the Secretary of State. The Building Safety Regulator must first consult with persons that it considers appropriate, such as the public, on the regulations to be made. Once the Building Safety Regulator has consulted with the relevant persons, it may then make a proposal to the Secretary of State on the building regulations to be made.
The Secretary of State wishes to make building regulations relating to Part A (structure), where proposals in relation to these regulations have not been put forward by the Building Safety Regulator. The Secretary of State must first consult with the Building Safety Regulator and any other persons that they believe are appropriate, such as the public and external stakeholders. Once the Secretary of State has consulted with the Building Safety Regulator and appropriate persons, they may then make the regulations.