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The Building Regulations (1979 Order) (Commencement No. 3) Order (Northern Ireland) 2012

S.R. 2012/187 · Made 14 May 2012

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Building Regulations

Made 14th May 2012

The Department of Finance and Personnel, in exercise of the powers conferred by Article 1(2) of the Building Regulations (Northern Ireland) Order 1979f1, and now vested in itf2, makes the following Order:

Annotations to the whole text

Footnotes

f1

S.I. 1979/1709 (N.I. 16) as amended by S.I. 1990/1510 (N.I. 14), Article 38(1) and Schedule 1, Part II; and 2009 c.4

f2

See S.R. 1999 No. 481 Article 6 and Schedule 4, Part II

Contents

  1. 1Citation
  2. 2Commencement
  3. 3Commencement
  4. Signature
  5. Explanatory note

1Citation

This Order may be cited as the Building Regulations (1979 Order) (Commencement No.3) Order (Northern Ireland) 2012.

2Commencement

The following Articles of the Building Regulations (Northern Ireland) Order 1979 shall come into operation on 15th May 2012—

(a)

Article 8 (Power of district councils to approve types of buildings, etc.) and;

(b)

Article 12 (Power to require or carry out tests for conformity with building regulations).

3Commencement

Article 22 (Application of building regulations to the Crown) of the Building Regulations (Northern Ireland) Order 1979 shall come into operation on 31st October 2012.

Signature

Sealed with the Official Seal of the Department of Finance and Personnel on 14th May 2012.

L.S.

Philip Irwin

A senior officer of the

Department of Finance and Personnel

Explanatory note

(This note is not part of the Order)

This Order provides for the coming into operation on 15th May 2012 of Articles 8 and 12 of the Building Regulations (Northern Ireland) Order 1979 (as amended 1990 and 2009).

Article 8 allows a district council, either on an application made to it or of its own accord, to approve any particular type of building matter as may be prescribed as complying with particular requirements of building regulations.

Article 12 grants a district council the power to require tests to be carried out to ensure conformity with building regulations, or to carry out those tests itself. It also gives the district council the power to meet the costs of part or all of the tests required if the person required to carry out such tests applies to a district council for such costs and where it thinks it reasonable to do so. Article 12 also states that a dispute between the council and any person over the reasonableness of any tests imposed by the council, or over a council’s decision regarding payment for the tests, may be determined by a court of summary jurisdiction.

This Order also provides for the coming into operation on 31st October 2012 of Article 22 which binds the Crown to the substantive requirements of building regulations.