Moved by
Lord Greenhalgh
17: Clause 41, page 51, line 21, at beginning insert “Section 58Z7A of this Act (sharing of information between regulatory authorities) and”
Member’s explanatory statement
This amendment and the next amendment, which are consequential on the Minister’s amendment at page 56, line 22, provide that new section 58Z7A of the Building Act 1984 applies to a person to whom the regulator has delegated registration functions under new Part 2A of that Act as it applies to the regulator.
18: Clause 41, page 51, line 22, leave out “applies” and insert “apply”
Member’s explanatory statement
This amendment is consequential on the previous amendment in the name of the Minister.
19: Clause 41, page 51, line 25, leave out from beginning to “as” in line 26 and insert “The following provisions of this Act apply”
Member’s explanatory statement
This amendment is a drafting change, with the omitted reference (to section 91B of the Building Act 1984) being inserted by the second amendment in the name of the Minister at page 51, line 28.
20: Clause 41, page 51, line 28, at end insert “—
( ) section 58Z7A (sharing of information between regulatory authorities);”
Member’s explanatory statement
This amendment, which is consequential on the Minister’s amendment at page 56, line 22, provides that new section 58Z7A of the Building Act 1984 applies to a person to whom the Welsh Ministers have delegated registration functions under new Part 2A of that Act as it applies to the Welsh Ministers.
21: Clause 41, page 51, line 28, at end insert “—
( ) section 91B (cooperation and sharing of information between Welsh Ministers and other authorities);
( ) section 131A (application to the Crown).”
Member’s explanatory statement
This amendment, which is consequential on the first new Clause in the name of the Minister after Clause 57, enables a person to whom the Welsh Ministers have delegated registration functions (under new Part 2A of the Building Act 1984) to apply to the High Court under new section 131A(5) for a declaration that an act or omission of the Crown is unlawful.
22: Clause 41, page 56, line 22, at end insert—
“Information sharing
58Z7A Sharing of information between regulatory authorities
(1) The regulator may disclose information held in connection with a function under this Part to the Welsh Ministers for the purposes of—
(a) a function of the regulator under this Part, or
(b) a function of the Welsh Ministers under this Part.
(2) The Welsh Ministers may disclose information held in connection with a function under this Part to the regulator for the purposes of—
(a) a function of the Welsh Ministers under this Part, or
(b) a function of the regulator under this Part.
(3) Except as provided by subsection (4), the disclosure of information under this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(4) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).”
Member’s explanatory statement
This amendment provides that regulatory authorities under new Part 2A of the Building Act 1984 (the regulator in relation to England and the Welsh Ministers in relation to Wales) can share information with each other for the purposes of their respective functions under that Part.