541.Subsection (1) defines a “building safety authority” for the purposes of this Act to mean a county council or county borough council for an area in Wales designated as such by the Welsh Ministers in regulations.
542.Under subsection (2) those regulations must designate one county council or county borough council in each fire and rescue authority area as the building safety authority for that area.
543.Subsection (3) list those with whom Welsh Ministers must consult prior to making the regulations specified in subsection (1), while subsection (4) provides for those regulations to make further provisions in connection with the exercise of functions by a building safety authority.
544.Subsection (6) provides for ancillary areas to be ignored when determining whether a regulated building is wholly or mainly in a building safety authority’s area. For example, if a building is in the area of a building safety authority but has a large garden extending across the boundary into a different building safety authority’s area, it would be taken as being in the former. The garden surrounding a regulated building would be ignored for the purposes of determining in whose area a building is “wholly or mainly situated”.
545.Subsection (7) provides that the functions of a council as a building safety authority are not to be the responsibility of an executive of the council under executive arrangements. This provision will, for example, enable a council to rely on section 101 of the Local Government Act 1972 when arranging for the discharge of their building safety functions.
Commentary on Sections Building safety authorities Section 122 - Building safety authorities