The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023
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Change 1
17 Late application for membership
(1) A person (“L”) who, in accordance with regulation 14–– (a) has been determined to be eligible to join the scheme but has not joined in accordance with that regulation, or (b) is treated as a person who is eligible to join the scheme but has not joined in accordance with that regulation, may notify the Secretary of State in writing that it wishes to apply to become a member of the scheme. (2) A notice under paragraph (1) must state that L is willing to enter into a Self Remediation Contract. (3) Following receipt of a notice which complies with paragraph (2), the Secretary of State must give notice to L inviting L to apply to become a member of the scheme. (4) The notice given under paragraph (3) must contain a statement that until L has entered into a Self Remediation Contract and become a member of the scheme— (a) L’s name, and the names of persons controlled by L, will not be removed from the prohibitions list, and (b) the prohibitions in Part 3 applicable to persons on the prohibitions list will continue to apply. (5) On receipt of the notice referred to in paragraph (3), to join the scheme L must— (a) enter into a Self Remediation Contract (if they have not already done so), and (b) make an application for membership of the scheme in accordance with paragraph (6). (6) An application for membership must— (a) be made in writing, (b) set out the date on which the applicant entered into a Self Remediation Contract, and (c) contain such other information as the Secretary of State may direct.
17 Late application for membership
(1) A person (“L”) who, in accordance with regulation 14–– (a) has been determined to be eligible to join the scheme but has not joined in accordance with that regulation, or (b) is treated as a person who is eligible to join the scheme but has not joined in accordance with that regulation, may notify the Secretary of State in writing that it wishes to apply to become a member of the scheme. (2) A notice under paragraph (1) must state that L is willing to enter into a Self Remediation Contract. (3) Following receipt of a notice which complies with paragraph (2), the Secretary of State must give notice to L inviting L to apply to become a member of the scheme. (4) The notice given under paragraph (3) must contain a statement that until L has entered into a Self Remediation Contract and become a member of the scheme— (a) L’s name, and the names of persons controlled by L, will not be removed from the prohibitions list, and (b) the prohibitions in Part 3 applicable to persons on the prohibitions list will continue to apply. (5) On receipt of the notice referred to in paragraph (3), to join the scheme L must— (a) enter into a Self Remediation Contract (if they have not already done so), and (b) make an application for membership of the scheme in accordance with paragraph (6). (6) An application for membership must— (a) be made in writing, (b) set out the date on which the applicant entered into a Self Remediation Contract, and (c) contain such other information as the Secretary of State may direct.
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