Part 2: The Regulator and its functions Supplementary and general Section 27 (and Schedule 3): Cooperation and information sharing Effect
This section introduces Schedule 3, which creates the power for reciprocal information sharing between the Building Safety Regulator and other persons in connection with certain statutory functions. Schedule 3 also creates legal duties for the Building Safety Regulator and specified bodies to cooperate in connection with certain statutory functions. This section makes clear that information sharing gateways created by Schedule 3 over-ride duties of confidence, but do not over-ride data protection requirements.
	Schedule 3 paragraph 2 creates new duties to cooperate between the Building Safety Regulator and local authorities, the Building Safety Regulator and fire and rescue authorities, and the Building Safety Regulator and FSO authorised persons, which apply in respect of certain statutory functions. The Building Safety Regulator is expected to work particularly closely with these bodies, and sections 13 and 14 specifically provide for these bodies to be able to support the Building Safety Regulator in undertaking certain of its functions.
	Paragraph 2 also enables "relevant persons" (the Building Safety Regulator, local authorities, fire and rescue authorities and FSO authorised persons) to share information with one another in respect of certain statutory functions. The ability to share information is necessary to enable these bodies to cooperate effectively and to deliver their statutory functions in respect of buildings, for example when working together to deliver the Building Safety Regulator’s functions in respect of a higher-risk building.
	Paragraph 2 enables the Secretary of State, through statutory instrument, to add to the list of "relevant functions" of local authorities and fire and rescue authorities to which these provisions apply. This reflects that there are a particularly wide range of potential operational interactions between the Building Safety Regulator (notably in relation to its responsibility for regulating higher-risk buildings), local authorities and the fire and rescue authorities. The Government does not believe that it can foresee all the functions where operational experience will demonstrate that cooperation and information sharing between the Building Safety Regulator and the other authorities would support effective delivery of those agencies’ statutory functions.
	Schedule 3, paragraph 3 creates duties to cooperate and powers to share information between the Building Safety Regulator and ombudsmen. This is intended to ensure that:
complaints raised with the wrong organisation initially are promptly and effectively redirected to the right place;
there is effective joint working where there are several different aspects to a single complaint;
there is appropriate and timely information sharing to support the delivery of each other’s functions; and
the organisations work together in other areas of joint interest such as the production of joint guidance to help residents understand their respective roles and responsibilities.
	Schedule 3 paragraph 4 enables the Building Safety Regulator and the Secretary of State to share information.
	Schedule 3 paragraph 5 allows the Building Safety Regulator to share information with the police. The police may use this information only for specified purposes around the prevention, detection, investigation or prosecution of an offence, to support police functions relating to public health or public safety, or in support of national security.
	Schedule 3 paragraph 6 is comprised of two delegated powers. The first (at paragraph 6(1)), relates to duties to cooperate, and enables the Secretary of State to create new duties to cooperate between the Building Safety Regulator and any public authority. The duty to cooperate would apply to building functions of the regulator and any prescribed function of the public authority. As the Building Safety Regulator’s functions relate to England only, the duty to cooperate would only extend to functions of the public authority in England.
	The second (at paragraph 6(2)) relates to the disclosure of information and enables the Secretary of State to authorise relevant persons (the Building Safety Regulator, local authorities, fire and rescue authorities and FSO authorised persons) to reciprocally share information with another public authority for specified functions in England, with that public authority and the functions covered to be set out in regulations.
	The purpose of these powers is to enable the Secretary of State, where circumstances require it, to create new duties to cooperate and new information sharing gateways, to ensure that the functions of the various public authorities involved can be discharged effectively. Two circumstances which could justify the use of these powers are:
If evidence necessitated a change to the scope of the higher-risk regime, such that it is essential that the Building Safety Regulator cooperates with further regulators with overlapping (or otherwise relevant) responsibilities for those buildings.
If further ombudsman or redress schemes are set up, in addition to those listed in paragraph 3(5) to Schedule 3, where it is important that the Building Safety Regulator and the ombudsman cooperate and are able to share information.
	The second (at paragraph 6(2)) relates to the disclosure of information and enables the Secretary of State to authorise relevant persons (the Building Safety Regulator, local authorities, fire and rescue authorities and FSO authorised persons) to reciprocally share information with another public authority for specified functions, with that public authority and the functions covered to be set out in regulations.
	The purpose of this delegated power enables the Secretary of State to create information sharing pathways for relevant persons and any other prescribed public authority to support the effective delivery of their respective functions. Two circumstances which could justify the use of this power are:
If evidence necessitated a change to the scope of the higher-risk regime, such that it is essential that the Building Safety Regulator cooperates and shares information with further regulators with overlapping (or otherwise relevant) responsibilities for those buildings.
If further ombudsman or redress schemes are set up, in addition to those listed in paragraph 3(5) to Schedule 3, where it is important that the Building Safety Regulator and the ombudsman cooperate and are able to share information.