Moved by
Baroness Scott of Bybrook
467D: After Clause 214, insert the following new Clause—
“Power to replace Health and Safety Executive as building safety regulator
(1) The Secretary of State may by regulations make provision for a body (“the new regulator”) to replace the Health and Safety Executive as the building safety regulator for the purposes of the Building Safety Act 2022.
(2) The new regulator may be—
(a) a body established by the regulations, or
(b) another body specified in the regulations.
(3) The Secretary of State may by regulations make further provision in connection with subsection (1), including provision—
(a) conferring new functions on, or modifying existing functions of, the new regulator;
(b) establishing or modifying the constitutional arrangements of the new regulator;
(c) establishing or modifying the funding arrangements of the new regulator;
(d) conferring a power on the Secretary of State to give directions to the new regulator.
(4) Regulations under this section may amend, repeal or revoke any provision made by or under an Act.
(5) No regulations may be made under this section after—
(a) the end of the period of 24 months beginning with the day on which the final report of the Grenfell Tower Inquiry is presented to Parliament in accordance with section 26 of the Inquiries Act 2005, or
(b) such later time as may be specified or described by the Secretary of State in regulations made before the end of that period.
(6) In this section—
“constitutional arrangements” , in relation to the new regulator, include matters relating to—
(a) the name and status of the body;
(b) the chair, members and staff of the body (including qualifications and procedures for appointment and functions);
(c) the body’s powers to employ staff;
(d) remuneration, allowances and pensions for the body’s members and staff;
(e) governing procedures and arrangements (including the role and membership of committees and sub-committees);
(f) reports and accounts (including audit);
“funding arrangements” , in relation to the new regulator, include provision for it to be funded by a Minister of the Crown and the extent of such funding;
“Grenfell Tower Inquiry” means the public inquiry into the fire at Grenfell Tower on 14 June 2017 as set up on 15 August 2017 for the purposes of section 5 of the Inquiries Act 2005;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.”
Member's explanatory statement
This new Clause provides a power for the Secretary of State to replace the Health and Safety Executive as the building safety regulator and a power to make further provision in connection with such regulations. The regulations must be made before the end of 24 months from the day the final report of the Grenfell Tower Inquiry is presented to Parliament, or such later time as may be specified in regulations made before the end of that period.
467E: After Clause 214, insert the following new Clause—
“Transfer schemes in connection with regulations under section (Power to replace Health and Safety Executive as building safety regulator)
(1) The Secretary of State may, in connection with regulations under section (Power to replace Health and Safety Executive as building safety regulator)(1), make one or more schemes for the transfer of property, rights and liabilities (“transfer schemes”).
(2) A transfer scheme in connection with regulations under section (Power to replace Health and Safety Executive as building safety regulator)(1) may provide for the transfer of property, rights or liabilities to the new regulator from the Health and Safety Executive.
(3) The things that may be transferred under a transfer scheme include—
(a) property, rights and liabilities that could not otherwise be transferred;
(b) property acquired, and rights and liabilities arising, after the making of the scheme;
(c) criminal liabilities.
(4) A transfer scheme may—
(a) create rights, or impose liabilities, in relation to property or rights transferred;
(b) make provision about the continuing effect of things done by, on behalf of or in relation to the Health and Safety Executive in respect of anything transferred;
(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Health and Safety Executive in respect of anything transferred;
(d) make provision for references to the Health and Safety Executive in an instrument or other document in respect of anything transferred to be treated as references to the new regulator;
(e) make provision for the shared ownership or use of property;
(f) make provision which is the same as or similar to the TUPE regulations;
(g) make other consequential, supplementary, incidental or transitional provision.
(5) A transfer scheme may provide—
(a) for modifications by agreement;
(b) for modifications to have effect from the date when the original scheme came into effect.
(6) In subsection (4)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
(7) For the purposes of this section—
(a) references to rights and liabilities include rights and liabilities relating to a contract of employment;
(b) references to the transfer of property include the grant of a lease.
(8) For the purposes of subsection (7)(a)—
(a) an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and
(b) the terms of the individual’s employment in the civil service of the State are to be treated as constituting the terms of the contract of employment.
(9) In this section “new regulator” has the meaning given in section (Power to replace Health and Safety Executive as building safety regulator)(1).”
Member's explanatory statement
This Clause provides the Secretary of State with a power to make schemes for the transfer of property, rights or liabilities from the Health and Safety Executive to the new body replacing them as the building safety regulator. See the new Clause inserted by the amendment in the Minister’s name after Clause 214 (Power to replace the Health and Safety Executive as building safety regulator).
467F: After Clause 214 insert the following new Clause—
“Transfer of land by local authorities
(1) In Schedule 1 to the Academies Act 2010 (Academies: land), after paragraph 9 insert—
“Compulsory transfer to trustees
9A (1) This paragraph applies where Conditions A to D are met.
(2) Condition A is that a local authority make premises (“the new premises”) available to be used by an Academy school.
(3) Condition B is that the new premises are made available as an alternative to premises (“the existing premises”) which have previously been used by—
(a) the Academy school, or
(b) a maintained school, Academy or sixth form college that has been or is to be discontinued and that the Academy school replaces.
(4) Condition C is that the existing premises are held on trust by a person or persons (“the trustees”) for the purposes of (as the case may be)—
(a) the Academy school, or
(b) the discontinued maintained school, Academy or sixth form college.
(5) Condition D is that the trustees—
(a) having sold the existing premises, pay to the local authority a sum that—
(i) is just, having regard to the value of the local authority’s interest in the new premises, but
(ii) does not exceed the total of the proceeds of sale and any interest that has accrued to the trustees on those proceeds, or
(b) if the local authority agree to accept the trustees’ interest in the existing premises, transfer that interest to the local authority.
(6) The local authority must transfer their interest in the new premises to the trustees to be held by them on trust for the purposes of the Academy school.
(7) The local authority must pay to the trustees to whom the transfer is made their reasonable costs in connection with the transfer.
(8) Any question relating to the duty in sub-paragraph (6) may, if not agreed by the local authority and the trustees, be referred by the local authority or the trustees to the adjudicator (see section 25 of the School Standards and Framework Act 1998).
(9) The questions referred to in sub-paragraph (8) include in particular—
(a) the extent of the premises an interest in which is to be transferred by the local authority,
(b) whether a sum proposed by any person to be paid by the trustees as specified in sub-paragraph (5)(a) is just having regard to the value of the local authority’s interest in the new premises,
(c) the amount of any interest that has accrued to the trustees on proceeds of sale as referred to in sub-paragraph (5)(a)(ii), and
(d) the identity of the trustees to or by whom a payment or transfer should be made.
(10) The local authority and the trustees respectively must provide to the adjudicator any information the adjudicator may request from them for the purpose of exercising the functions the adjudicator has by virtue of this paragraph.
(11) Any sum paid to the local authority as referred to in sub-paragraph (5)(a) is to be treated for the purposes of section 14 of the School Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school, Academy or sixth form college referred to in sub-paragraph (3)(a) or (b).
(12) In this paragraph, references to premises do not include playing fields.”
(2) In section 25 of the School Standards and Framework Act 1998 (adjudicators), in subsection (2), after “2006” insert “or paragraph 9A of Schedule 1 to the Academies Act 2010”.
(3) In Schedule 5 to that Act (adjudicators), in paragraph 5(1), after “2006” insert “or paragraph 9A of Schedule 1 to the Academies Act 2010”.
(4) In Part 2 of Schedule 22 to that Act (maintained schools: disposals on discontinuance), in paragraph 5, after sub-paragraph (1A) insert—
“(1B) This paragraph also does not apply where the school mentioned in sub-paragraph (1)(a) is (with or without other schools) to be replaced by an Academy school in circumstances where paragraph 9A(1) of Schedule 1 to the Academies Act 2010 applies.””
Member's explanatory statement
This amendment inserts a new Clause amending Schedule 1 to the Academies Act 2010. Schedule 1 of that Act makes provision for the transfer of land in relation to academies. The new paragraph sets out the circumstances where a local authority is required to transfer their interest in new premises for an academy school to the site trustees who already hold existing premises. The Clause also makes consequential amendments.