Schedule 5: Minor and consequential amendments in connection with Part 3 Paragraph 5(3) Background
Under section 3(2) the Secretary of State may give a direction to exempt from all or any of the provisions of building regulations (as regards England) a particular building, or buildings of a particular class at a particular location, either unconditionally or subject to conditions. Under section 3(3) a person who contravenes or permits a direction given under subsection (2) to be contravened commits an offence and is liable to be fined.
Example 1
The regulator considers that the Secretary of State should give a direction under section 3(2) to exempt a particular class of buildings in England from specific building regulations’ requirements. The regulator considers it appropriate to consult with the Building Advisory Committee on this matter. After doing so, the regulator makes the proposal to the Secretary of State for the direction to be given. The Secretary of State assesses the matter and decides to give the direction without needing to consult because the regulator has already consulted.
Example 2
The Secretary of State, of his or her own accord, wishes to give a direction under section 3(2) exempting a particular class of buildings in England from specific building regulations’ requirements. The Secretary of State consults with the regulator and also considers it appropriate to consult with the Building Advisory Committee and other relevant stakeholders. After consulting, the Secretary of State considers it appropriate to give the direction and proceeds to do so.