Are you perhaps saying that this 'Ministerial Guidance' is the equivalent of what would be called a "Statutory Instrument" in E&W, and hence effectively does have Statutory status (even though it does not require approval by Parliament)?There is ministerial guidance to back up the regulation (which is an amendment to the existing housing act), so the guidance can be changed - and it already has been changed to expand the organisations that can carry out the EICRs - NAPIT has been added.
Kind Regards, John