Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Building (Approved Inspectors etc.) (Amendment) Regulations 2002 and shall come into force—

(a) insofar as the amendments made by the Regulations require the carrying out of sound insulation testing in relation to the erection of a dwelling-house or a building containing flats, 1st January 2004;

(b) for all other purposes, 1st July 2003.

(2) In these Regulations, “the Act” means the Building Act 1984.

Amendment of the Building (Approved Inspectors etc ) Regulations 2000

2. —(1)The Building (Approved Inspectors etc) Regulations 2000( 2 ) (“the Approved Inspectors Regulations”) are amended as follows.

(2) In regulation 11 (1)(c) (functions of approved inspectors) after “regulation 12” insert “and 12A”.

(3) After regulation 12 insert the following—

“ Sound insulation testing

12A. —(1) This regulation applies to—

(a) building work in relation to which paragraph E1 of Schedule 1 to the Principal Regulations imposes a requirement; and

(b) work which is required to be carried out to a building to ensure that it complies with paragraph El of Schedule 1 to the Principal Regulations by virtue of regulation 6(1)(e) or 6(2)(b) of those Regulations,

which is the subject of an initial notice.

(2) Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with paragraph E1 of Schedule 1—

(a) ensure that appropriate sound insulation testing is carried out in accordance with a procedure approved by the Secretary of State; and

(b) give a copy of the results of the testing referred to in sub-paragraph (a) to the approved inspector who gave the initial notice.

(3) The results of the testing referred to in paragraph (2)(a) shall be—

(a) recorded in a manner approved by the Secretary of State; and

(b) given to the approved inspector in accordance with paragraph (2)(b) not later than 5 days after completion of the work to which the initial notice relates. ” .

(4) In regulation 31 (contravention of certain regulations not to be an offence) after “12” insert “, 12A”.

Transitional provisions

3. —(1) Subject to paragraph (2), where before 1st July 2003 building work has commenced in accordance with an initial notice or an amendment notice given in accordance with section 47(1) or 51A(2) respectively of the Act, the Approved Inspectors Regulations shall continue to apply to that building work as if these Regulations had not been made.

(2) Where an initial notice given before 1st July 2003 is varied by an amendment notice given on or after that date, the Approved Inspectors Regulations shall continue to apply as if these Regulations had not been made, to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.

(3) Where plans of building work are the subject of a plans certificate, or a plans certificate combined with an initial notice, given to a local authority before 1st July 2003 in accordance with section 50 of the Act, and accepted by the local authority either before, on or after that date, the Approved Inspectors Regulations shall continue to apply to that building work as if these Regulations had not been made, whether or not the building work departs from those plans.

4. —(1) Paragraph (2) applies for the purpose of the amendments made to the Approved Inspectors Regulations which come into force on 1st January 2004.

(2) Where before 1st January 2004 building work which consists of the erection of a dwelling-house or a building containing flats has commenced in accordance with an initial notice or an amendment notice given in accordance with section 47(1) or 51A(2) respectively of the Act, the Approved Inspectors Regulations shall continue to apply to that building work as if these Regulations had not been made.