Part 4Higher-risk buildings

Duties relating to information and documents

90Provision of information etc on change in accountable person

(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.