Housing (Cladding Remediation) (Scotland) Act 2024

Prospective

Chapter 1 S Scottish Ministers’ powers

Powers to assess danger S

3 Power to arrange single-building assessment S

(1) The Scottish Ministers may arrange for a single-building assessment to be carried out in relation to a building.

(2) Anything that needs to be done on premises for the purposes of carrying out an assessment arranged under subsection (1) may not be done, without the consent of the premises’ owner, before the end of the notice period.

(3) The notice period is a period of 7 days beginning with the day that the Scottish Ministers give the premises’ owner a written notice explaining what the carrying out of the assessment may entail.

(4) At the same time as giving notice to the premises’ owner in order to begin the notice period, the Scottish Ministers are to give a written notice in the same terms to any occupier of the premises.

Commencement Information

I1 S. 3 not in force at Royal Assent, see s. 39(2)

4 Power to arrange additional work assessment S

(1) The Scottish Ministers may arrange for an additional work assessment to be carried out in relation to a building in relation to which a single-building assessment has been carried out.

(2) Subsection (3) applies where—

(a) something needs to be done on premises for the purposes of carrying out an assessment arranged under subsection (1), and

(b) the premises are not premises on which a person carrying out work under an arrangement made under this Chapter is entitled, by virtue of section 13, to do anything reasonably required to carry out that work.

(3) Anything that needs to be done on the premises for the purposes of carrying out an assessment arranged under subsection (1) may not be done, without the consent of the owner, before the end of the notice period.

(4) The notice period is a period of 7 days beginning with the day that the Scottish Ministers give the premises’ owner a written notice explaining what the carrying out of the assessment may entail.

(5) At the same time as giving notice to the premises’ owner in order to begin the notice period, the Scottish Ministers are to give a written notice in the same terms to any occupier of the premises.

Commencement Information

I2 S. 4 not in force at Royal Assent, see s. 39(2)

5 Power to require information for assessments and the register S

(1) The Scottish Ministers may require any person to supply them with information which is reasonably required—

(a) by a person for the purpose of carrying out a single-building assessment or an additional work assessment, or

(b) by them for the purpose of maintaining the cladding assurance register.

(2) A requirement under subsection (1) is imposed on a person by the Scottish Ministers giving the person a written notice specifying—

(a) the information, or the nature of the information, which is to be supplied,

(b) the form in which it is to be supplied,

(c) the date on or by which it is to be supplied,

(d) why it is required.

(3) A person may not be required under subsection (1) to supply information which that person would be entitled to refuse to provide in proceedings in a court in Scotland.

(4) The Scottish Ministers may relieve a person from a requirement to supply information under subsection (1) by giving the person a written notice to that effect.

(5) In this section, “information” includes unrecorded information.

Commencement Information

I3 S. 5 not in force at Royal Assent, see s. 39(2)

6 Offence of failing to comply with requirement under section 5 S

(1) A person who is required under section 5(1) to supply information commits an offence if the person fails, without reasonable excuse, to supply the information in the required form by the date on or by which it is to be supplied.

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I4 S. 6 not in force at Royal Assent, see s. 39(2)

Powers to address danger S

7 Power to arrange remediation work S

(1) The Scottish Ministers may arrange for work to be carried out that is identified as being needed to eliminate or mitigate risks to human life that are (directly or indirectly) created or exacerbated by a building’s external wall cladding system in—

(a) a single-building assessment report, or

(b) an additional work assessment report.

(2) Work arranged under subsection (1)(a) or (b) may not begin on premises, without the consent of the premises’ owner—

(a) before the end of the notice period in relation to the work identified as mentioned in subsection (1)(a) or, as the case may be, (b), or

(b) if an appeal against the decision to arrange for the work to be carried out is made within that period, before the appeal is finally determined or withdrawn.

(3) The notice period is a period of 21 days beginning with the day that the Scottish Ministers give the premises’ owner a written notice explaining—

(a) what work is to be carried out,

(b) what a person carrying it out is entitled to do by section 13,

(c) the right to appeal under section 12 against the decision to arrange for the work to be carried out.

(4) At the same time as giving notice to the premises’ owner in order to begin the notice period, the Scottish Ministers are to give a written notice in the same terms to any occupier of the premises.

Commencement Information

I5 S. 7 not in force at Royal Assent, see s. 39(2)

8 Power to arrange urgent remediation work S

(1) The Scottish Ministers may arrange for work to be carried out where—

(a) the work is identified as being needed to eliminate or mitigate a risk to human life that is (directly or indirectly) created or exacerbated by a building’s external wall cladding system either—

(i) in a single-building assessment report or an additional work assessment report, or

(ii) by a person carrying out a single-building assessment or an additional work assessment raising the risk with the Scottish Ministers before completing the assessment, and

(b) the risk to human life is so immediate that it would be inappropriate to delay the work starting by arranging for it to be carried out under section 7 instead.

(2) Where the Scottish Ministers arrange under subsection (1) for work to be carried out on premises, they are to give the premises’ owners and occupiers such notice of the work (if any) as the circumstances permit.

Commencement Information

I6 S. 8 not in force at Royal Assent, see s. 39(2)

9 Power to evacuate S

(1) The Scottish Ministers may require the occupants of premises to remove from them in any of the following circumstances—

(a) in the Scottish Ministers’ opinion—

(i) there is a substantial risk to the occupants’ lives, or

(ii) continued occupation of the premises would mean that there would be a substantial risk to the lives of the occupants of any other premises,

due (directly or indirectly) to the external wall cladding system of a building that is undergoing, or has undergone, a single-building assessment or an additional work assessment,

(b) the Scottish Ministers have arranged for work to be carried out under section 7 or 8 and, in their opinion, the occupants of the premises may be endangered by the carrying out of the work.

(2) A requirement to remove from premises in the circumstance mentioned in subsection (1)(a)—

(a) may be imposed by informing the occupants verbally, or by giving them written notice, that they are to remove from the premises,

(b) may require the occupants to remove from the premises immediately.

(3) A requirement to remove from premises in the circumstance mentioned in subsection (1)(b)—

(a) may be imposed only by giving the occupants a written notice that they are to remove from the premises by a date specified in the notice,

(b) may not require the occupants to remove before the end of the 14 day period beginning with the day that the notice required by paragraph (a) is given.

(4) Having imposed a requirement to remove from premises under this section, and having since become satisfied that no-one would be endangered by occupying the premises, the Scottish Ministers must—

(a) cause notice to that effect to be conspicuously displayed on or near the premises for a period of at least 14 days, and

(b) take all reasonable steps to give notice to that effect to any person who—

(i) removed from the premises in accordance with a requirement imposed under this section, or

(ii) was ejected from them by virtue of a warrant granted under paragraph 3 of the schedule.

(5) A person’s tenancy of premises is not to be taken to have been terminated, varied or altered by reason of the person’s—

(a) removing from the premises in accordance with a requirement imposed under this section, or

(b) being ejected from the premises by virtue of a warrant granted under paragraph 3 of the schedule.

(6) The schedule makes provision about the granting of warrants for the ejection of occupants required to remove under this section.

Commencement Information

I7 S. 9 not in force at Royal Assent, see s. 39(2)

10 Offence of occupying evacuated premises S

(1) A person commits an offence if the person occupies premises when forbidden to do so.

(2) A person is forbidden to occupy premises during the period that—

(a) begins with the person’s—

(i) removing from the premises in accordance with a requirement imposed under section 9, or

(ii) being ejected from the premises by virtue of a warrant granted under paragraph 3 of the schedule, and

(b) ends with the first day on which notice is displayed in accordance with section 9(4)(a) that the Scottish Ministers have become satisfied that no-one would be endangered by occupying the premises.

(3) A person who commits an offence under subsection (1) is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale,

(b) a term of imprisonment not exceeding 3 months, or

(c) both.

Commencement Information

I8 S. 10 not in force at Royal Assent, see s. 39(2)

Personal emergency evacuation plans S

11 Personal emergency evacuation plans S

(1) The Scottish Ministers may by regulations make provision in relation to the development and provision of personal emergency evacuation plans for occupiers of a building to which a single-building assessment applies who have a disability.

(2) Regulations must provide for any personal emergency evacuation plan to expire on the day on which the Scottish Ministers amend the cladding assurance register under section 1(3)(c) to confirm that all necessary works have been completed.

(3) Regulations under subsection (1) are subject to the affirmative procedure.

Commencement Information

I9 S. 11 not in force at Royal Assent, see s. 39(2)

Appeal S

12 Appeal against arranged remediation work S

(1) The owner of premises, having received notice under section 7 that the Scottish Ministers have arranged for work to be carried out on the premises, may appeal to the sheriff against the Scottish Ministers’ decision to make that arrangement.

(2) An appeal may be made under this section—

(a) without the sheriff’s permission within the 21 day period described by section 7(3),

(b) only with the sheriff’s permission on cause shown outwith that period.

(3) The sheriff must—

(a) hold a hearing on an appeal under this section within 21 days of the appeal being made, and

(b) give the parties to the appeal an opportunity to make representations at the hearing.

(4) At the hearing, the sheriff may—

(a) determine the appeal, or

(b) on a motion of a party or on the sheriff’s own initiative, continue the proceedings.

(5) In deciding whether to continue the proceedings and, if so, to when, the sheriff must have regard to all the circumstances of the case, including the effect that any continuation of proceedings would have in relation to the elimination or mitigation of risks to human life that—

(a) are (directly or indirectly) created or exacerbated by a building’s external wall cladding system, and

(b) were identified in the single-building assessment report or the additional work assessment report which identified the need for the work to which the decision appealed relates.

(6) On an appeal under this section, the sheriff may—

(a) dismiss it,

(b) order that only some of the work in question be carried out,

(c) order that none of the work be carried out,

(d) make any other order the sheriff thinks just.

(7) The decision of the sheriff on an appeal under this section is final.

Commencement Information

I10 S. 12 not in force at Royal Assent, see s. 39(2)