Moved by
Lord Greenhalgh
41: After Clause 57, insert the following new Clause—
“Crown application
In Part 5 of the Building Act 1984 before section 132 insert—
“131A Crown application
(1) The following provisions bind the Crown—
(a) Part 1 except sections 35B to 37, 39A and 40;
(b) Part 2;
(c) Part 2A except sections 58I to 58K, 58U, 58V and 58Z4 to 58Z6;
(d) Part 4 so far as it relates to a provision within any of the preceding paragraphs.
(2) No contravention by the Crown of a provision within subsection (1)(a) to (d) makes the Crown criminally liable.
(3) Subsection (2) does not affect the criminal liability of persons in the service of the Crown.
(4) Subsection (5) applies where—
(a) a contravention of a provision within subsection (1)(a) or (b), or of Part 4 so far as it relates to such a provision, occurs in relation to a building or proposed building for which a local authority is the building control authority, or
(b) a contravention of a provision within subsection (1)(c), or of Part 4 so far as it relates to such a provision, occurs in relation to Wales,
and the Crown would, but for subsection (2), be criminally liable under this Act in respect of the contravention.
(5) The High Court may, on the application of—
(a) the local authority (in a case within subsection (4)(a)), or
(b) the Welsh Ministers (in a case within subsection (4)(b)),
declare unlawful the act or omission constituting the contravention.
(6) In this section a reference to a provision includes any instrument made under it.
(7) For the application to the Crown of Part 3, and Part 4 so far as it relates to that Part, see section 87.”
Member’s explanatory statement
This new Clause makes provision about the application of Parts 1 to 2A of the Building Act 1984, and Part 4 of that Act so far as relating to those Parts, to the Crown.
42: After Clause 57, insert the following new Clause—
“Application to Parliament
(1) The Building Act 1984 is amended as follows.
(2) In section 95 (power to enter premises) after subsection (4) insert—
“(5) This section does not apply in relation to the Parliamentary Estate (as defined by section 131B).”
(3) After section 131A (inserted by section (Crown application)) insert—
“131B Parts 1 and 2 etc: application to Parliament
(1) In their application in relation to the Parliamentary Estate, Parts 1 and 2, and Part 4 so far as it relates to those Parts, have effect with the following modifications—
(a) sections 35B to 37, 39A and 40 (enforcement etc) do not apply;
(b) any reference to the owner or occupier of a building or of any premises is be read as a reference to—
(i) the Corporate Officer of the House of Lords,
(ii) the Corporate Officer of the House of Commons, or (as the case may be)
(iii) the Corporate Officers acting jointly.
(2) In the following provisions—
“Corporate Officer” means—
(a) the Corporate Officer of the House of Lords,
(b) the Corporate Officer of the House of Commons, or
(c) the Corporate Officers acting jointly;
“relevant provision” means—
(a) any provision of, or of an instrument made under, Part 1 or 2, or
(b) any provision of Part 4 or of an instrument made under Part 4, so far as the provision relates to Part 1 or 2.
(3) No contravention by a Corporate Officer of a relevant provision makes the Corporate Officer criminally liable.
(4) Subsection (3) does not affect the criminal liability of relevant members of the House of Lords staff or of the House of Commons staff (as defined by sections 194 and 195 of the Employment Rights Act 1996).
(5) Where a contravention of a relevant provision occurs which, but for subsection (3), would result in a Corporate Officer being criminally liable, the High Court may, on the application of the local authority, declare unlawful the act or omission constituting the contravention.
(6) In this section “the Parliamentary Estate” means any building or other premises occupied for the purposes of either House of Parliament.””
Member’s explanatory statement
This new Clause makes provision about the application of the Building Act 1984 to Parliament.