This section applies where—
the regulatory authority is the regulator,
the regulatory authority has given a local authority one or more serious contravention notices under section 58Z5, and
it appears to the regulatory authority that the way in which the local authority exercises their building control functions—
falls short of the standards expected, and
puts, or may put, the safety of persons in or about buildings at risk,
and is likely to continue to do so.
The regulatory authority may recommend to the Secretary of State that the Secretary of State make an order under section 116(4) (transfer of functions to the Secretary of State or another local authority).
But before making a recommendation under subsection (2) the regulatory authority must—
give the local authority notice that it is considering making a recommendation under that subsection, and explain its reasons, and
invite the authority to make representations within a period specified in the notice (which must not be less than 14 days).
Where the regulatory authority makes a recommendation under subsection (2) it must as soon as reasonably practicable—
notify the local authority that it has done so, and
give the local authority a statement of its reasons.
A local authority may appeal to the tribunal against a recommendation under subsection (2).