SCHEDULE
Regulation 7
Amendments to forms in Schedule 2 to the 2000 Regulations
1. In Form 1 (initial notice)—
(1) paragraph 4(c) shall be amended as follows—
(a)
(a)...
Building (Approved Inspectors etc.) (Amendment) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/3336 |
2001 No. 3336
BUILDING AND BUILDINGS, ENGLAND AND WALES
The Building (Approved Inspectors etc.) (Amendment) Regulations 2001
Made 4th October 2001
Laid before Parliament 11th October 2001
Coming into force 1st April 2002
The Secretary of State, in exercise of the powers conferred upon him by section 1(1), 47(2) and 47(5) of, and paragraphs 2, 3 and 7 of Schedule 1 to, the Building Act 19841, and of all other powers enabling him in that behalf, after consulting the Building Regulations Advisory Committee and such other bodies as appear to him to be representative of the interests concerned in accordance with section 14(3) of that Act, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Building (Approved Inspectors etc.) (Amendment) Regulations 2001 and shall come into force on 1st April 2002.
Amendments to the Regulations
2. The Building (Approved Inspectors etc.) Regulations 20002(“the 2000 Regulations”) shall be amended as follows.
Interpretation
3. In regulation 2, in the definition of “controlled service or fitting” in paragraph (1), for “Part G, H or J” there shall be substituted “Part G, H, J or L”.
Functions of approved inspectors
4. In regulation11—
(a) in paragraph (1), before “as are reasonable”, there shall be inserted “(which may include the making of tests of building work and the taking of samples of material)”;
(b) in paragraph (1)(a), for “regulations 4 and 6”, there shall be substituted “regulations 4, 6 and 7”;
(c) paragraphs (1)(b) and (3) shall be omitted.
Consultation with sewerage undertaker—approved inspector
5. After regulation 13 (approved inspector’s consultation with the fire authority), there shall be inserted the following regulation—
“Approved inspector’s consultation with the sewerage undertaker
13A.—(1) This regulation applies where an initial notice or amendment notice is to be given or has been given in respect of work in relation to which paragraph H4 of Schedule 1 to the Principal Regulations imposes requirements.
(2) Where this regulation applies, the approved inspector shall consult the sewerage undertaker—
(a)
(a) before or as soon as practicable after giving an initial notice in relation to the work;
(b)
(b) before or as soon as practicable after giving an amendment notice in relation to the work;
(c)
(c) before giving a plans certificate (whether or not combined with an initial notice); and
(d)
(d) before giving a final certificate.
(3) Where an approved inspector is required by paragraph (2) to consult the sewerage undertaker, he shall give to the sewerage undertaker—
(a)
(a) in a case where he is consulting them in connection with an initial notice or an amendment notice, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1 to the Principal Regulations; and
(b)
(b) in a case where he is consulting them in connection with the giving of a plans certificate, a copy of the plans in relation to which he intends to give the certificate.
(4) Where an approved inspector is required by paragraph (2) to consult the sewerage undertaker—
(a)
(a) he shall have regard to any views they express; and
(b)
(b) he shall not give a plans certificate or a final certificate until 15 days have elapsed from the date on which he consulted them, unless they have expressed their views to him before the expiry of that period.”.
Consultation with sewerage undertaker—public bodies
6. After regulation 23 there shall be added the following regulation—
“Public body’s consultation with the sewerage undertaker
23A. Regulation 13A applies where a public body’s notice is given as it does where an initial notice is given; and for that purpose there shall be substituted for references in that regulation to an initial notice, a plans certificate and a final certificate respectively references to a public body’s notice, a public body’s plans certificate and a public body’s final certificate.”.
Forms
7. The amendments to Schedule 2 to the 2000 Regulations specified in the Schedule to these Regulations shall have effect.
Grounds for rejection of notices and certificates
8.—(1) In Schedule 3 (initial notice, amendment notice, or plans certificate combined with initial notice)
(a)
(a) after paragraph 7, the following paragraph shall be inserted—
“Sewerage undertaker
7A. The approved inspector will be obliged by regulation 13A to consult the sewerage undertaker before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.”;
(b)
(b) for paragraph 9 there shall be substituted—
“Drain connection
9. In the case of the erection or extension of a building, the local authority consider that, in order to comply with the requirements of Part H of Schedule 1 to the Principal Regulations, a proposed drain or private sewer must discharge to an existing sewer, but the statement accompanying the notice does not describe such an arrangement.”;
(c)
(c) paragraph 10 shall be omitted.
(2) In Schedule 4 (plans certificate, or plans certificate combined with initial notice), after paragraph 7, the following paragraph shall be inserted—
S-7A “Sewerage undertaker
7A The approved inspector was obliged by regulation 13A to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that he has consulted them in accordance with that regulation.”.
(3) In Schedule 6 (public body’s notice, or combined public body’s notice and plans certificate)
(a)
(a) after paragraph 5, the following paragraph shall be inserted—
“Sewerage undertaker
5A. The public body will be obliged by regulation 23A to consult the sewerage undertaker before giving a public body’s plans certificate or a public body’s final certificate, and the notice does not contain an undertaking to do so.”.
(b)
(b) for paragraph 6 there shall be substituted—
“Drain connection
6. In the case of the erection or extension of a building, the local authority consider that, in order to comply with the requirements of Part H of Schedule 1 to the Principal Regulations, a proposed drain or private sewer must discharge to an existing sewer, but the statement accompanying the notice does not describe such an arrangement.”.
(c)
(c) paragraph 7 shall be omitted.
(4) The following paragraph shall be added in Schedule 7 (public body’s plans certificate, or combined public body’s notice and plans certificate), after paragraph 6 as new paragraph 7, and in Schedule 8 (public body’s final certificate), after paragraph 5 as new paragraph 6—
“Sewerage undertakerThe public body was obliged by regulation 23A to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.”.
Transitional provisions
9.—(1) Subject to paragraph (2), where before 1st April 2002 building work has commenced in accordance with an initial notice, an amendment notice or a public body’s notice 3given in accordance with section 47(1), 51A(2) or 54(1) respectively of the Act, the 2000 Regulations shall continue to apply to that building work as if these Regulations had not been made.
(2) Where an initial notice given before 1st April 2002 is varied by an amendment notice given on or after that date, the 2000 Regulations shall continue to apply, as if these Regulations had not been made, in relation to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.
(3) Where plans of building work are the subject of a plans certificate, or a plans certificate combined with an initial notice, given to a local authority before 1st April 2002 in accordance with section 50 of the Act, and accepted by the local authority either before, on or after that date, the 2000 Regulations shall continue to apply to that building work as if these Regulations had not been made, whether or not the building work departs from those plans.
(4) Paragraphs (1) to (3) shall not apply to the amendments to the 2000 Regulations made by regulations 4 (a) and 4 (b) of these Regulations.
(5) In paragraphs (1) to (3), “building work” and “the Act” have the same meaning as in the 2000 Regulations.
Nick Raynsford
Minister of State
Department for Transport, Local Government and the Regions
October 2001
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