The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023
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Change 1
34 Mandatory occurrence reporting: defences
Where a principal dutyholder has committed an offence under section 35 of the 1984 Act of contravening these Regulations by failing to follow the reporting procedure in relation to a safety occurrence as required by regulation 33 (mandatory occurrence reporting: reporting to the regulator), it is a defence for the principal dutyholder if it reasonably believed that the other principal dutyholder had— (a) already notified the regulator of the safety occurrence under regulation 33, and (b) already provided the regulator with a written report of the safety occurrence under regulation 33.
34 Mandatory occurrence reporting: defences
Where a principal dutyholder has committed an offence under section 35 of the 1984 Act of contravening these Regulations by failing to follow the reporting procedure in relation to a safety occurrence as required by regulation 33 (mandatory occurrence reporting: reporting to the regulator), it is a defence for the principal dutyholder if it reasonably believed that the other principal dutyholder had— (a) already notified the regulator of the safety occurrence under regulation 33, and (b) already provided the regulator with a written report of the safety occurrence under regulation 33.
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