In this Part "building safety risk" means a risk to the safety of people in or about a building arising from any of the following occurring as regards the building—
the spread of fire;
structural failure;
any other prescribed matter.
Before making regulations under subsection (1)(c), the Secretary of State must consult—
the regulator, and
such other persons as the Secretary of State considers appropriate.
But the regulator need not be consulted if—
the regulations give effect to a recommendation made by the regulator under section 63, or
the Secretary of State has under section 64 asked the regulator for its advice in relation to a proposal to make the regulations.