Housing (Cladding Remediation) (Scotland) Act 2024

Part 1 The Cladding Assurance Register

1 The register

(1) The Scottish Ministers are to maintain a register of buildings (“the cladding assurance register”).

(2) An entry for a building is to be created in the register once a single-building assessment has been carried out in relation to it.

(3) A building’s entry in the register—

(a) must, when first created, include the following information—

(i) when a single-building assessment was carried out in relation to it,

(ii) what work (if any) a single-building assessment report identified as being needed to eliminate or mitigate risks to human life that are (directly or indirectly) created or exacerbated by the building’s external wall cladding system,

(b) must be amended, as soon as reasonably practicable after any additional work assessment is carried out in relation to it, to include the following information—

(i) when the additional work assessment was carried out,

(ii) what additional work (if any) the additional work assessment report identified as being needed to eliminate or mitigate risks to human life that are (directly or indirectly) created or exacerbated by the building’s external wall cladding system,

(c) must be amended, as soon as reasonably practicable after the Scottish Ministers are satisfied that any work mentioned in paragraph (a)(ii) and any work mentioned in paragraph (b)(ii) has been completed, to include the date on which they were so satisfied,

(d) may include any other information that the Scottish Ministers consider appropriate.

(4) The Scottish Ministers may amend an entry in the register if they consider any information contained in it to be inaccurate.

(5) The Scottish Ministers may charge for access to the register.

2 Offence of providing false or misleading information for the register

(1) A person commits an offence if—

(a) the person gives information that the person knows, or ought to know, is false or misleading to—

(i) the Scottish Ministers, or

(ii) a person carrying out a single-building assessment or an additional work assessment, and

(b) the person knows, or is reckless as to whether, giving the information is likely to result in—

(i) a material inaccuracy in an entry in the cladding assurance register, or

(ii) an entry for a building not being created in the register when it otherwise would.

(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.

(3) For the avoidance of doubt, the reference in subsection (1) to giving the Scottish Ministers information is not limited to doing so in response to a requirement imposed under section 5.