The Building Safety Act 2022 (Commencement No. 7 and Transitional Provisions) Regulations 2024
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Change 1
4 Transitional provisions: approved inspectors who did not become approvers
(1) Subject to paragraph (5), this regulation applies where an approved inspector who gave an initial notice before 6th April 2024 did not become a suitably qualified approver before that date. (2) Where this regulation applies then, notwithstanding the repeal of section 49 of the 1984 Act by paragraph 5 of Schedule 4 to the 2022 Act, with effect from 6th April 2024— (a) in relation to any building work for which the approved inspector is not a suitably qualified approver, they continue to be treated as an approved inspector until 1st October 2024 (unless their approval ends before that date); (b) no approved inspector continuing to undertake their functions by virtue of this regulation may issue an initial notice on or after 6th April 2024; (c) Part 2 of the 1984 Act has effect as if— (i) section 49 of that Act had not been repealed; (ii) any reference to a registered building control approver were a reference to an approved inspector. (3) Subject to paragraph (4), for the purposes of this regulation, a person is not a suitably qualified approver— (a) if they are not a registered building control approver in relation to any work; or (b) in relation to the initial notice referred to in paragraph (1), if all of the building work described in the notice is of a type that is not within the scope of the registration of the registered building control approver. (4) Where an approved inspector has become a registered building control approver before 6th April 2024 but, in relation to the initial notice referred to in paragraph (1), some of the building work described in the notice is of a type that is not within the scope of their registration then paragraph (2) has effect in relation only to the part of the building work not within the scope of the registration. (5) This regulation does not apply to higher-risk building work.
4 Transitional provisions: approved inspectors who did not become approvers
(1) Subject to paragraph (5), this regulation applies where an approved inspector who gave an initial notice before 6th April 2024 did not become a suitably qualified approver before that date. (2) Where this regulation applies then, notwithstanding the repeal of section 49 of the 1984 Act by paragraph 5 of Schedule 4 to the 2022 Act, with effect from 6th April 2024— (a) in relation to any building work for which the approved inspector is not a suitably qualified approver, they continue to be treated as an approved inspector until 1st October 2024 (unless their approval ends before that date); (b) no approved inspector continuing to undertake their functions by virtue of this regulation may issue an initial notice on or after 6th April 2024; (c) Part 2 of the 1984 Act has effect as if— (i) section 49 of that Act had not been repealed; (ii) any reference to a registered building control approver were a reference to an approved inspector. (3) Subject to paragraph (4), for the purposes of this regulation, a person is not a suitably qualified approver— (a) if they are not a registered building control approver in relation to any work; or (b) in relation to the initial notice referred to in paragraph (1), if all of the building work described in the notice is of a type that is not within the scope of the registration of the registered building control approver. (4) Where an approved inspector has become a registered building control approver before 6th April 2024 but, in relation to the initial notice referred to in paragraph (1), some of the building work described in the notice is of a type that is not within the scope of their registration then paragraph (2) has effect in relation only to the part of the building work not within the scope of the registration. (5) This regulation does not apply to higher-risk building work.
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