The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023
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Change 1
4 Management of building safety risks: prescribed principles
(1) The principles prescribed for the purposes of section 84(3) of the 2022 Act are to— (a) avoid building safety risks; (b) evaluate building safety risks that cannot be avoided, including identifying the proportionate measures required to address, reduce, mitigate and control the risks; (c) combat building safety risks at source by introducing proportionate measures to address, reduce, mitigate and control the risk at the earliest opportunity; (d) ensure suitable and proportionate systems are in place for the effective inspection, testing and maintenance of the efficacy of measures taken; (e) give collective protective measures priority over individual protective measures; (f) adapt to technical progress; (g) where reasonable to do so, replace the dangerous with the non-dangerous or less dangerous; (h) consider the impacts on residents and carry out engagement with residents; (i) give appropriate instructions and information to employees and persons working on or in the building; (j) ensure that any person responsible for or assisting with compliance with a duty in or under Part 4 of the 2022 Act has the relevant competence. (2) A person has the relevant competence— (a) where the person is an individual, if that person has the skills, knowledge, experience and behaviours necessary to perform the functions for which they are responsible in a satisfactory manner; (b) where the person is not an individual, if that person has the organisational capability to ensure that the functions for which it is responsible are performed in a satisfactory manner. (3) An individual who is in training is deemed to have the relevant competence for a function if that individual is adequately supervised by a person with the relevant competence when performing the function.
4 Management of building safety risks: prescribed principles
(1) The principles prescribed for the purposes of section 84(3) of the 2022 Act are to— (a) avoid building safety risks; (b) evaluate building safety risks that cannot be avoided, including identifying the proportionate measures required to address, reduce, mitigate and control the risks; (c) combat building safety risks at source by introducing proportionate measures to address, reduce, mitigate and control the risk at the earliest opportunity; (d) ensure suitable and proportionate systems are in place for the effective inspection, testing and maintenance of the efficacy of measures taken; (e) give collective protective measures priority over individual protective measures; (f) adapt to technical progress; (g) where reasonable to do so, replace the dangerous with the non-dangerous or less dangerous; (h) consider the impacts on residents and carry out engagement with residents; (i) give appropriate instructions and information to employees and persons working on or in the building; (j) ensure that any person responsible for or assisting with compliance with a duty in or under Part 4 of the 2022 Act has the relevant competence. (2) A person has the relevant competence— (a) where the person is an individual, if that person has the skills, knowledge, experience and behaviours necessary to perform the functions for which they are responsible in a satisfactory manner; (b) where the person is not an individual, if that person has the organisational capability to ensure that the functions for which it is responsible are performed in a satisfactory manner. (3) An individual who is in training is deemed to have the relevant competence for a function if that individual is adequately supervised by a person with the relevant competence when performing the function.
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