The House of Commons Delegated Legislative Committee has consented to the transfer of powers over building regulations to the Welsh Assembly Government and the Order has been approved in Council by Her Majesty the Queen. The Order states that the Welsh Assembly Government will not gain control over the regulations until the 31st of December 2011, whilst the memorandum also commits to no changes to the regulations for two years, except for energy efficiency regulations (Part L). This did not require a Measure or Legislative Competence Order, but a Transfer of Functions. (Transfers legal powers and duties (Executive Functions) between UK government Ministers and welsh Ministers. They are made by HM Queen. Under the Government of Wales Act 2006, Executive functions are now transferred directly to the Welsh Minsters (WAG Ministers)
The Order transfers functions relating to buildings and building standards currently exercised by the UK Government under the Building Act 1984, to Welsh Ministers. It also transfers related secondary legislation and other functions under the Sustainable and Secure Buildings Act 2004 and the Climate Change and Sustainable Energy Act 2006. The Order also provides for the appointment of separate Building Regulations Advisory Committees for each of England and Wales, in place of the existing Building Regulations Advisory Committee.
Under the order, which starts on 31 December 2011, building regulations will complement the planning and development control functions, which have already been devolved to Welsh ministers. The Welsh Assembly Government have said that ministers will be able to exercise more coherent policy control over the development process, through the stages of planning, design and construction.
The transfer of building regulations will help Welsh Ministers to specify improvements in building standards that can help support the reduction targets. WAG already have extensive functions relating to housing, town and country planning and fire safety in non-domestic premises (e.g. LCO on domestic fire safety).
The transfer will complement these other areas of competence as it will, for example, allow a more holistic view to be taken in other policy areas such as fire safety where responsibility for fire safety in occupation has already been transferred. WAG will be able to make building regulations that set standards of performance for buildings, which support key objectives, especially in relation to sustainability.
Clearly this will have enormous impact upon construction professionals who will need to keep abreast of their CPD ~ particularly if they happen to be in England and designing projects in Wales or vice-versa ...
Ed
