Building Safety Act 2022
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Change 1
108 Guidance
(1) The regulator may issue guidance about any of the following matters— (a) the performance of any duties under section 87 (mandatory reporting requirements); (b) the performance of any duties under section 88 or 89 (duty to keep or give information); (c) the performance of any duties under section 92 (duty to give further information to residents); (d) the performance of any duties under section 93 (complaints procedure). (2) The regulator may revise or withdraw any issued guidance. (3) Where in any proceedings it is alleged that a person has contravened a provision mentioned in subsection (1)— (a) proof of a failure to comply with any applicable guidance may be relied on as tending to establish that there was such a contravention, and (b) proof of compliance with any applicable guidance may be relied on as tending to establish that there was no such contravention. (4) In any proceedings, a document purporting to be guidance under this section is to be taken to be such guidance unless the contrary is proved. (5) Guidance under this section may be issued, revised or withdrawn only with the consent of the Secretary of State. (6) In this section any reference to a provision includes regulations made under the provision.
108 Guidance
(1) The regulator may issue guidance about any of the following matters— (a) the performance of any duties under section 87 (mandatory reporting requirements); (b) the performance of any duties under section 88 or 89 (duty to keep or give information); (c) the performance of any duties under section 92 (duty to give further information to residents); (d) the performance of any duties under section 93 (complaints procedure). (2) The regulator may revise or withdraw any issued guidance. (3) Where in any proceedings it is alleged that a person has contravened a provision mentioned in subsection (1)— (a) proof of a failure to comply with any applicable guidance may be relied on as tending to establish that there was such a contravention, and (b) proof of compliance with any applicable guidance may be relied on as tending to establish that there was no such contravention. (4) In any proceedings, a document purporting to be guidance under this section is to be taken to be such guidance unless the contrary is proved. (5) Guidance under this section may be issued, revised or withdrawn only with the consent of the Secretary of State. (6) In this section any reference to a provision includes regulations made under the provision.
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