Sustainable and Secure Buildings Act 2004
In subsection (1) of section 1 of the Building Act 1984 (c. 55) (which sets out the purposes for which building regulations may be made), for paragraphs (b) and (c) substitute—.
In the words in that subsection after those paragraphs (which set out matters about which building regulations may be made), for the words from “design and construction” onwards substitute “ matters mentioned in subsection (1A) below ”.
After that subsection insert—
In section 126 of that Act (general interpretation), in the definition of “substantive requirements” for the words from “design and construction” to “with buildings” substitute “ matters mentioned in section 1(1A) above ”.
After section 1 of the Building Act 1984 (c. 55) insert—
Schedule 1 to the Building Act 1984 (provision that may be included in building regulations) is amended in accordance with subsections (2) to (7).
In sub-paragraph (a)(ii) of paragraph 7, for “and use” substitute “ , use and re-use ”.
In sub-paragraph (a)(ix) of that paragraph, after “gases,” insert “ vapours, ”.
In sub-paragraph (a)(xiv) of that paragraph, at the end insert “ (including equipment for monitoring and measuring supplies of water) ”.
After sub-paragraph (a)(xxii) of that paragraph insert—.
In sub-paragraph (1) of paragraph 8, after paragraph (e) insert—
For sub-paragraph (2) of paragraph 8 substitute—
In section 44 of that Act (Crown application), after subsection (10) insert—
In section 45(1) of that Act (application to United Kingdom Atomic Energy Authority), for “(10)” substitute “ (11) ”.
After section 2 of the Building Act 1984 (c. 55) insert—
In section 33(4) of that Act (powers of local authorities in relation to contraventions of continuing requirements), after “section 2(1) or (2)” insert “ or 2A ”.
In section 38(2) of that Act (provision relating to civil liability), after “section 2(2)” insert “ or 2A ”.
In section 44 of that Act (Crown application)—
in subsection (3)(a) after “section 2” insert “ or 2A ”; and
“continuing requirement” means a continuing requirement of building regulations—
In section 126 of that Act (general interpretation), in the definition of “substantive requirements” after “(b) above” insert “ and requirements that are of a kind mentioned in subsection (2)(a), (b) or (c) of section 2A above and are imposed by virtue of subsection (1) of that section ”.
The following provisions of the Building Act 1984 (c. 55) (which provide certain exemptions from the requirements of the Act for educational buildings and buildings of statutory undertakers and other authorities and licensees) shall cease to have effect—
section 4;
section 59(4) and (5).
The Secretary of State must— prepare a report on progress during the period in connection with the purposes mentioned in section 1(1)(b) to (e) of the Building Act 1984 in the context of the building stock in England and Wales.
for the period of two years beginning with the commencement of this section, and
for each succeeding period of two years,
A report under this section must (in particular) deal with—
building regulations made during the period for any of those purposes;
proposals current at the end of the period to make building regulations for any of those purposes;
effects or likely effects of regulations or proposals dealt with in the report under paragraphs (a) and (b);
proposals considered by the Secretary of State during the period for the setting of targets for any of those purposes in relation to—
buildings in England and Wales; or
services, fittings or equipment provided in or in connection with such buildings;
overall changes during the period in—
the efficiency with which energy is used in buildings in England and Wales;
levels of emissions from such buildings that are emissions considered by the Secretary of State to contribute to climate change;
the extent to which such buildings have their own facilities for generating energy;
the extent to which materials used in constructing, or carrying out works in relation to, such buildings are recycled or re-used materials.
A report under this section must contain an estimate, as at the end of the period, of the number of dwellings in England and Wales.
The Secretary of State must lay before Parliament each report he prepares under this section.
After section 91 of the Building Act 1984 (c. 55) insert—
In Schedule 1 to the Building Act 1984 (c. 55) (provision that may be included in building regulations), after paragraph 4 insert—
In section 47(1) of that Act (giving of initial notices) after “giving” insert “ and receiving ”.
In section 52(2) of that Act (cancellation of initial notice for contravention of building regulations)—
in paragraph (a) after “work” insert “ or intending to carry out the work ”;
in paragraph (b) for the words from “that person” onwards substitute “ the prescribed steps are not taken by the person who, in accordance with building regulations, is required to take them ”.
In subsection (1)(a) of section 57 of that Act (offences relating to false or misleading certificates), for sub-paragraph (i) substitute—.
In Schedule 1 to the Building Act 1984 (c. 55) (provision that may be included in building regulations) before paragraph 5 insert—
There shall be payable out of money provided by Parliament—
any expenditure incurred by the Secretary of State in consequence or by virtue of this Act; and
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
This Act may be cited as the Sustainable and Secure Buildings Act 2004.
The enactments and instruments specified in the Schedule to this Act are repealed or revoked to the extent shown in the second column of that Schedule.
This Act, apart from the provisions coming into force in accordance with subsection (4), shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
This section (apart from subsection (2)) and sections 1, 3(1) to (7), 4(1) to (3) and (5), 6 and 10 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.
This Act extends to England and Wales only.
Section 11 Enactment or instrument Extent of repeal or revocation Building Act 1984 (c. 55) Section 4. In section 56, subsections (1) to (4). In section 59, subsections (4) and (5). Education Act 1996 (c. 56) In Schedule 37, paragraph 59. Deregulation (Building) (Initial Notices and Final Certificates) Order 1996 (S.I. 1996/1905) In article 3, paragraph (9)(a) and (b). Transport Act 2000 (Consequential Amendments) Order 2001 (S.I. 2001/4050) In the Schedule, paragraph 7. Education Act 2002 (c. 32) In Schedule 21, paragraph 6.