§ Sir George YoungI beg to move amendment No. 24, in page 29, leave out lines 9 to 13.
§ Mr. Deputy Speaker (Mr. Paul Dean)With this it will be convenient to take Government amendments Nos. 26 to 30, and 40.
§ Sir George YoungThis group of amendments is consequential upon the new rights to obtain a determination from the Secretary of State, on payment of a fee, under clause 27(2) and clause 40(2), when a dispute about plans has arisen regarding the application of the proposed new building regulations.
In the Bill as introduced there was a provision giving a right to obtain such a determination, but it was limited 965 in two respects. It could be used only when the dispute specifically concerned the use of approved documents and when the dispute was between the developer and the local authority.
In the light of comments made on Second Reading by my hon. Friend the Member for Chipping Barnet (Mr. Chapman) and representations made by the construction industry we have removed both these limitations, so that determinations will be available regarding the application of the regulations generally, and also when the disagreement is between a developer and an approved inspector. We think it reasonable to charge a fee for that service in order to deter frivolous applications and to recover costs.
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In order to remove the previous limitations we have provided in clause 27(2) that a person in dispute with an approved inspector as to whether plans are in conformity with the building regulations may apply to the Secretary of State for a determination. That position would arise when a developer had asked the approved inspector for a plans certificate under clause 27(1) and he was unable to give it.
Where the dispute is with a local authority, it will arise when it has rejected plans deposited under section 64(1) of the Public Health Act 1936 on the grounds that they are defective or show that proposed work would contravene the building regulations. Accordingly, we have provided in clause 40(2) and in an amendment to section 64(3) of the 1936 Act a right to apply to the Secretary of State for a determination.
At the same time we are repealing the existing right of appeal to a magistrates' court for a determination. The courts do not have much expertise in technical building matters and the provision has been little used. The construction industry and the professions agree that the new right of appeal to the Secretary of State will be much more useful.
The group of amendments under consideration are consequential. The main amendment in the group is amendment No. 27. Its purpose is to ensure that an applicant who has been given a determination on the application of the building regulations by the Secretary of State will still be able to appeal to the High Court on a point of law.
The substance of the amendments was agreed by the Standing Committee but the amendments made at that stage are defective. They are also split between clauses 27 and 40. The amendment puts them all together in clause 46. The remaining amendments in the group are consequential. They will ensure that all the provisions for new building regulations and the new procedures for determinations of their application will be brought into operation at the same time.
§ Amendment agreed to