Part 4Higher-risk buildings

Duties relating to information and documents

I190Provision 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.