Building (Scotland) Act 2003

Evacuation of buildings

42 Evacuation of buildings

(1) Where a local authority considers that the occupants of a dangerous building or any adjacent building are endangered by the state of the dangerous building, the authority must require those occupants to remove immediately from the building in question.

(2) A local authority must require the occupants of a dangerous building to remove immediately from the building if—

(a) it intends to demolish the building under subsection (2) or (3) of section 29, or

(b) it intends to carry out other work under either of those subsections and considers that the occupants may be endangered by the carrying out of the work.

(3) A local authority must require the occupants of a dangerous building to remove from the building if the building is to be demolished in pursuance of a dangerous building notice.

(4) A local authority must require the occupants of a building to remove from the building if—

(a) it intends to carry out work under section 25(7)(b), 26(3)(b), 27(7)(b), 28(10)(b) or 30(4)(b), and

(b) the authority considers that the occupants may be endangered by the carrying out of the work.

(5) A requirement under subsection (3) or (4) must be made by notice in writing specifying—

(a) the reason for the requirement, and

(b) the period within which the occupants must remove from the building.

(6) Subsection (7) applies where, following a requirement under this section, a person has removed from a building in compliance with the requirement or has been ejected from the building under schedule 5.

(7) If the local authority considers that—

(a) the ground for making the requirement no longer exists, and

(b) if the person were to resume occupation of the building, there would be no other ground for making a requirement under this section in relation to the person,

the authority must (unless the building has been demolished) give the person notice to that effect.

(8) Schedule 5 makes provision about the evacuation of buildings for the purposes of this section.

43 Unlawful occupation of evacuated buildings

(1) Any person who—

(a) has removed from a building in compliance with a requirement under section 42, or has been ejected from a building under schedule 5, and

(b) thereafter occupies the building,

is guilty of an offence unless notice under section 42(7) has been given to the person.

(2) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.