Part 2: The Regulator and its functions Committees Section 12: Committees: power to amend or repeal Background
Section 9, section 10 and section 11 of this Act make provision for the creation of a Building Advisory Committee, a committee on industry competence, and a residents’ panel.
	The Building Safety Regulator has general powers to set up committees and change their remit over time under new section 11A(3) of the Health and Safety at Work etc Act 1974. The Government expects the role of the Building Advisory Committee, the committee on industry competence and the residents’ panel to evolve over time. These three committees could have been set up under this general power to allow for this flexibility, without any specific provision on the face of the Act.
	However, given the importance of these committees to the delivery of the reforms recommended by the Independent Review, the Government concluded that the role of the committees should be made clear in legislation, and any future changes in the role of the committees overseen by Parliament through this delegated power.
	Repeal of the provision for a statutory committee would be a particularly important and sensitive use of the this delegated power and is intended to be used solely to assist the Building Safety Regulator deliver its functions effectively. Therefore, regulations to repeal a statutory Committee can only be brought forward following a proposal by the Building Safety Regulator to the Secretary of State.
Example
Over time the role and function of these committees and the Building Safety Regulator itself could change, for example if the scope of the more stringent regulatory regime changes. In such instances, the effective working of the Building Safety Regulator could be supported by a change in the remit or membership of the committees, or their replacement with a more effective alternative.
The use of this power in relation to the three committees could involve:
In relation to the Building Advisory Committee, the regulation-making power could be utilised once the Building Safety Regulator and industry have matured, and their experience means they are able to adapt their respective roles in developing proposals for guidance and regulations .
In relation to the committee on industry competence, the Government considers that the committee’s role will be essential in the coming years to ensure the delivery of the Independent Review’s recommendations on industry competence. The long-term objective of the policy is that the built environment industry will mature to the point where it can take on greater responsibility for its own standards-setting and competence oversight. Therefore, the eventual repeal of the committee on industry competence provisions could be an indication of success.
In relation to the residents’ panel, the provisions would need to be reviewed if there are major changes in the scope of the higher-risk buildings regime. For example, if hospitals were brought into scope of the Part 4 occupation regulatory regime, consideration would be given as to whether to extend the panel to include patients and NHS staff, and representatives of those groups. In those circumstances the consequential amendments power might also be used to amend section 20.