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Building Safety Act 2022

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Changes over time for: Section 90

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Version Superseded: 16/01/2024

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Status:

Point in time view as at 28/04/2022. This version of this provision has been superseded. Help about Status

Changes to legislation:

Building Safety Act 2022, Section 90 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

90Provision of information etc on change in accountable personE+W

This section has no associated Explanatory Notes

(1)This section applies where at any time (“the relevant time”) an accountable person for a higher-risk building (the “outgoing person”) ceases to be responsible for all or any part of the building.

(2)The outgoing person must give prescribed information and a copy of any prescribed document to any person who, immediately after the relevant time—

(a)is an accountable person for the building, and

(b)is responsible for a part of the building for which the outgoing person ceased to be responsible at the relevant time.

(3)The information and documents must be given—

(a)by the prescribed time,

(b)in the prescribed way, and

(c)in accordance with prescribed standards.

(4)The outgoing person must give prescribed information to the regulator in the prescribed way, as soon as reasonably practicable after the relevant time.

(5)Subject to subsection (6), regulations made by the Secretary of State under this section may provide that the disclosure of information under this section does not breach—

(a)any obligation of confidence owed by the outgoing person in relation to that information;

(b)any other restriction on the disclosure of information (however imposed).

(6)This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).

(7)A person who, without reasonable excuse, contravenes subsection (2) or (4) commits an offence and is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

Commencement Information

I1S. 90 in force at Royal Assent for specified purposes, see s. 170(2)(a)

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