Part 5: Other provisions about safety standards, etc. Prohibition on development and building control Section 128: Prohibition on development for prescribed persons Effect
This section confers power on the Secretary of State to prohibit a person of a prescribed description from carrying out development of land in England, including where development has planning permission, through affirmative Regulations. This includes persons who are eligible to be members of a Building Industry Scheme (sections 126 and 127) but are not members of that scheme.
	This section also sets out other provisions that the regulations may make, including that they may make provision for enforcement, including applying, with or without modifications, the enforcement provisions of Part 7 of the Town and Country Planning Act 1990.
	This provision, together with the powers to make regulations to impose building control prohibitions detailed in section 129, may be imposed on persons who are eligible to join a building industry scheme but who do not join (because, for example, they do not meet or comply with the scheme membership conditions prescribed) and will encourage eligible persons to join and remain members of a scheme.
	A prohibition may be imposed for any purpose connected with securing the safety of persons in or about buildings in relation to risks arising from buildings, or improving the standards of buildings, including by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.
	This section also sets out other provisions that the regulations may make, including that they may make provision for enforcement, including applying, with or without modifications, the enforcement provisions of Part 7 of the Town and Country Planning Act 1990.