Paragraph 17 Paragraphs 75, 76(2)-(3)(a), 77, 85 Effect
Paragraph 77 inserts new sections 120A, 120B and 120C (as to which see below) into the Building Act. New section 120A sets out provision for regulations made under the Building Act which are not building regulations. These can be made by the appropriate national authority (the Secretary of State in England and Welsh Ministers in Wales) in most cases, although a few are England-only or Wales-only (see the explanatory notes for the sections in question). Regulations to which this section applies are those made under sections 54A, 55, 56A, 56B, 90A, 91A, 92, 105B, 105C, 120D, 120I and 125A.
	Subsection (2) of new section 120A allows regulations to include incidental, transitional or savings provisions, and for those regulations to make different provision for different purposes or different areas. Subsection 3 mirrors provision in section 34 of the Building Act 1984 to confirm the various ways in which buildings can be categorised in regulations.
	Subsections (4) and (5) allows for regulations made under sections 54A and 90A to make consequential amendments to the Building Act.
	Subsections (7) and (8) set out the procedures for regulations applying to England in the Houses of Parliament. Regulations made pursuant to new sections 54A, 90A, 105C, 120D(2)(b), 120D(4)(c), 120D(6) or 125A will be made using the affirmative procedure. Other regulations will use the negative procedure.
	Subsections (9) and (10) set out the procedures for regulations applying to Wales in Senedd Cymru. Regulations made pursuant to new sections 54A, 120I(2) or 125A will be made using the affirmative procedure. Other regulations will use the negative procedure.
	Paragraphs 75 and 76 make minor and consequential changes to section 120 of the Building Act 1984.
	New section 120B gives the Building Safety Regulator the ability to suggest proposals to the Secretary of State for the making of regulations under the Building Act, including building regulations, applying to England. It requires the Building Safety Regulator to consult with persons that it considers appropriate before making a proposal to the Secretary of State.
	It also requires the Secretary of State to consult with the Building Safety Regulator and any other persons that the Secretary of State believes are appropriate, before making regulations that have not been proposed by the Building Safety Regulator.
	This mirrors section 7 which deals with regulations under Parts 2 and 4 of the Act. As with that section, it does not apply to regulations dealing with the scope of the higher-risk regime, as they have their own procedure (see new section 120E, inserted by section 31).
	Paragraph 85 is a consequential amendment to Schedule 3 of the Building Act 1984.
	New section 120C sets out that, before making any regulations under this Act except building regulations (which are dealt with in section 14) or regulations under section 120I, Welsh Ministers must consult such persons as they consider appropriate. Before making regulations under section 120I, Welsh Ministers must consult the Building Regulations Advisory Committee for Wales, and any other person that the Welsh Ministers consider appropriate.