Part 3: Building Act 1984 Building control approvers and building inspectors Section 45: Default powers of appropriate national authority Effect
This section amends sections 116 to 118 of the Building Act 1984. The existing sections 116 to 118 apply in England and Wales, some of the amendments in this section are clarifying what powers the Welsh Ministers already have had transferred to them. Section 116 provides that if the appropriate national authority (i.e. in England, the Secretary of State or in Wales, Welsh Minsters) is satisfied that a local authority has failed to perform their functions under the Act, it may make an order which declares them to be in default and instruct them to discharge their functions in a specific way and within a specific timeframe. If a local authority fails to comply with this order, the appropriate national authority may make a transfer order to assign to itself specified building control functions belonging to the body in default. The substantive change made to section 116 by this section is to provide that in England, the Secretary of State must first consult the Building Safety Regulator before making any orders. The Secretary of State may also make a transfer order if the Building Safety Regulator makes a recommendation and if he is satisfied that the authority is exercising its functions below the standard expected, which puts, or may put, the safety of persons in or about buildings at risk and is likely to continue to do so.
	This section also amends section 117 of the Building Act 1984. The effect of the amendments is to restate that the Secretary of State’s expenses incurred in carrying out functions transfer to him under section 116 can be paid from money provided by Parliament. Further the amendments restate that the amount of expenses incurred by the appropriate national authority is recoverable as a debt due to the authority and is to be paid by the body in default.
	This section also amends section 118 of the Building Act 1984. The appropriate national authority may at any time vary or revoke a transfer order. A substantive change is that the Secretary of State must first consult with the Building Safety Regulator. The appropriate national authority may make any provisions to deal with the transfer, vesting and discharge of any property or liabilities incurred by the person to whom the functions were transferred to, either through the revoking order or a new order.