Part 2: The Regulator and its functions The regulator and its functions Section 3: The regulator: objectives and regulatory principles Background
Section 3 is a new provision.
	The principles draw on the example of section 21 of the Legislative and Regulatory Reform Act 2006. Utilising established principles of regulatory best practice, which apply to Health and Safety Executive’s existing regulatory functions, will help ensure that the Health and Safety Executive delivers coherent and effective regulation across its different functions. The principles reflect both the approach the Health and Safety Executive takes to its existing functions, and the proportionate approach the Health and Safety Executive will take to its new building functions.
Example 1
When making proposals to the Secretary of State for changes to the building regulations, the Building Safety Regulator could act in line with its objectives by suggesting changes to the regulations to seek to resolve a recurring problem with standards of buildings.
Example 2
When undertaking its functions in respect of higher-risk buildings under the new regime in Part 4 of the Act, the Building Safety Regulator could exercise its functions with a view to securing the safety of people in or about buildings by preparing best practice guidance encouraging dutyholders to deliver their responsibilities for resident safety effectively.
Example 3
Where dutyholders do not respond positively to encouragement and information, active enforcement of the new regime could also help meet the objective to exercise its functions with a view to securing safety.
When enforcing Part 4, the Building Safety Regulator will have regard to the principles. We expect that the regulator will operate consistently and transparently, e.g. on the basis of a published enforcement framework, which is the approach suggested by the Regulator’s Code. The action taken will be proportionate to the seriousness of the breach and targeted at cases where action is needed.