Housing (Cladding Remediation) (Scotland) Act 2024

13 Authority for carrying out assessment or work

(1) A person carrying out, under an arrangement made under Chapter 1, a single-building assessment, an additional work assessment or work is entitled by this subsection to do anything reasonably required to carry out that assessment or work, including—

(a) entering premises (subject to subsections (3) and (4)(a)),

(b) taking other persons, and equipment, onto premises,

(c) removing things from premises and arranging for their retention until claimed by a person having a right of possession to them,

(d) carrying out reasonable tests to determine the properties of any material.

(2) Subsection (1) does not, of itself, entitle a person to use force to enter premises (for that a warrant is required under section 14).

(3) Subsection (1) does not entitle a person to enter Crown premises without the owner’s consent.

(4) A person entitled to enter premises by subsection (1)—

(a) is entitled by that subsection to do so—

(i) only at a reasonable time of day, and

(ii) only if the premises’ occupants have been given at least 24 hours’ notice (subject to subsection (5)),

(b) if requested to do so when seeking entry to the premises, or while on them, must produce written evidence of the legal basis for the person’s entitlement to enter them,

(c) must leave the premises no less effectually secured against unauthorised entry as the person found them.

(5) The requirement for notice under subsection (4)(a)(ii) does not apply in an urgent situation.

(6) A person’s entitlement to do anything mentioned in this section is subject to any contrary or qualifying provision in a warrant under section 14.

(7) Nothing in this section entitles a person to do any thing—

(a) in breach of section 3(2), 4(3) or 7(2),

(b) without any warrant, permission, consent or other approval (however described) from a public authority that would ordinarily be required in relation to doing the thing.