This Statutory Instrument has been made in part in consequence of a defect in S.I. 2022/1388 and is being issued free of charge to all known recipients of that Statutory Instrument.

2023 No. 229

BUILDING AND BUILDINGS

ARCHITECTS

The Building Safety Act 2022 (Consequential Amendments and Prescribed Functions) and Architects Act 1997 (Amendment) Regulations 2023

Made27th February 2023

Laid before Parliament1st March 2023

Coming into force1st April 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 3(5) and 166(1) of the Building Safety Act 2022¹ and paragraph 24 of Schedule 1 to the Architects Act 1997².

In respect of the provision at regulation 4, in accordance with section 7(4) of the Building Safety Act 2022 the Secretary of State has consulted the regulator³ and such other persons as the Secretary of State considers appropriate.

In respect of the provision at regulation 5, in accordance with paragraph 24(1) of Schedule 1 to the Architects Act 1997 the Secretary of State has consulted the Architects Registration Board and such other persons or bodies as the Secretary of State thinks fit.

^I21 Citation, commencement and extent¶

1 These Regulations may be cited as the Building Safety Act 2022 (Consequential Amendments and Prescribed Functions) and Architects Act 1997 (Amendment) Regulations 2023 and come into force on 1st April 2023.

2 Subject to paragraph (3), these Regulations extend to England and Wales, Scotland and Northern Ireland.

3 Regulation 4 extends to England and Wales.

^I12 Amendments to the Welsh Ministers (Transfer of Functions) (No. 2) Order 2009¶

1 The Welsh Ministers (Transfer of Functions) (No. 2) Order 2009⁴ is amended as follows.

2 In article 8 (amendments to section 14 of the Building Act 1984: the Building Regulations Advisory Committee for England) omit paragraphs (2), (3) and (4).

3 Omit article 9 (transitional provision for members of the predecessor Building Regulations Advisory Committee).

4 Omit article 10 (amendment to the Parliamentary Commissioner Act 1967 to refer to the Building Regulations Advisory Committee for England).

^I33 Amendment to the Freedom of Information (Additional Public Authorities) Order 2010¶

In Part 2 of the Schedule to the Freedom of Information (Additional Public Authorities) Order 2010⁵, omit the entry for the Building Regulations Advisory Committee for England.

^I54 Further functions of the regulator¶

For the purposes of section 3(5) of the Building Safety Act 2022, the functions of the Building Safety Regulator as statutory consultee in relation to the fire safety of higher-risk buildings or proposed higher-risk buildings under, or under any instrument made under—

a the Town and Country Planning Act 1990⁶, and

b section 54 of the Planning and Compulsory Purchase Act 2004⁷,

are prescribed as functions of the regulator.

^I45 Amendment to the Architects Act 1997¶

In Schedule 1 to the Architects Act 1997, omit paragraph 20.

Explanatory Note¶

(This note is not part of the Regulations)

Section 9(3) of the Building Safety Act 2022 (c. 30) abolishes the Building Regulations Advisory Committee for England. The Building Regulations Advisory Committee for Wales will remain. Regulations 2 and 3 of these Regulations consequentially remove references to the Building Regulations Advisory Committee for England.

Regulation 4 prescribes as functions of the regulator, the Health and Safety Executive (“HSE”), certain functions of HSE as statutory consultee under town and country planning legislation. These are added to the functions of the regulator under or by virtue of the Building Act 1984 (c. 55) or the Building Safety Act 2022 to include them in the meaning of “building function” in Part 2 of the Building Safety Act 2022.

Regulation 5 amends Schedule 1 to the Architects Act 1997 to omit paragraph 20. The amendment is a consequence of amendments made to paragraph 19 of that Schedule by the Architects (Fees, Electronic Communications and Miscellaneous Amendments) Regulations 2022, S.I. 2022/1388.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

I1
Reg. 2 in force at 1.4.2023, see reg. 1(1)
I2
Reg. 1 in force at 1.4.2023, see reg. 1(1)
I3
Reg. 3 in force at 1.4.2023, see reg. 1(1)
I4
Reg. 5 in force at 1.4.2023, see reg. 1(1)
I5
Reg. 4 in force at 1.4.2023, see reg. 1(1)
F1
Words in reg. 4 substituted (27.1.2026) by The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 (S.I. 2026/20), reg. 1(2), Sch. 2 para. 20 (with reg. 5)
1
2022 c. 30.
2
1997 c. 22.
3
See section 2(1) of the Building Safety Act 2022 for the definition of “regulator” for the purposes of Part 2 of that Act.
4
S.I. 2009/3019.
5
S.I. 2010/937.
6
1990 c. 8.
7
2004 c. 5.