Section 126: Building industry schemes, Building Safety Act 2022

The Secretary of State may by regulations—

establish a scheme to be maintained by the Secretary of State, or a person designated by the Secretary of State and acting on the Secretary of State's behalf, and

make provision about the scheme.

A scheme may be established for any purpose connected with—

securing the safety of people in or about buildings in relation to risks arising from buildings, or

improving the standard of buildings,

including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.

Regulations that establish a scheme must prescribe—

the descriptions of persons in the building industry who may be members of the scheme ("eligible persons"), and

the conditions that an eligible person must meet in order to become, and remain, a member of the scheme ("membership conditions"),

and may provide for different categories of membership.

The descriptions of persons prescribed by virtue of subsection (4)(c) may in particular be prescribed by reference to—

being eligible to be members of a scheme and not being members of that scheme;

their conduct in relation to remedying defects in buildings or contributing to costs associated with remedying defects in buildings.

The membership conditions that may be prescribed by virtue of subsection (4)(c) include in particular a condition requiring an eligible person to ensure that no prescribed product of prescribed persons carrying out activities in relation to construction products is used in prescribed cases.

The Secretary of State must ensure that a list of members of a scheme is kept and published (and may publish a list of persons who are eligible persons but are not members of a scheme).

Regulations may make provision about the keeping and publication of other lists.

Section 126: Building industry schemes

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