Subsection (2) applies if, in respect of any description of building that is not a higher-risk building, the regulator considers—
that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description,
that if the risk materialised as regards a building of that description it would have the potential to cause a major incident, and
that this Part should apply (with or without modifications) in relation to buildings of that description.
The regulator must—
recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Part,
if it considers that regulations under section 68 should be made modifying this Part as it applies in relation to that description of building, make a recommendation to the Secretary of State to that effect, and
give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation under paragraph (a) and any recommendation under paragraph (b).
Subsection (4) applies if—
following a recommendation under subsection (2)(a) the Secretary of State decides not to make regulations under section 65 giving effect to the recommendation, or
following a recommendation under subsection (2)(b) the Secretary of State decides not to make regulations under section 68 giving effect to the recommendation.
The Secretary of State must publish a document setting out—
the regulator's recommendation,
the Secretary of State's decision not to make the regulations, and
the reasons for that decision.
If the regulator considers that this Part should not apply in relation to a particular description of higher-risk building, it must recommend to the Secretary of State that buildings of that description should cease to be higher-risk buildings for the purposes of this Part.
For the meaning of "major incident" see section 63.