Housing (Cladding Remediation) (Scotland) Act 2024

17 Power to require information to give notice

(1) The Scottish Ministers may, for the purpose of enabling them to give a notice under this Part, require any person to whom subsection (2) applies to state, in writing, to the Ministers—

(a) the nature of the person’s interest in the premises in connection with which the notice is to be given, and

(b) the name and address of any other person known by that person to have an interest in the premises.

(2) This subsection applies to the following—

(a) the owner of the premises in question,

(b) the occupier of the premises,

(c) any person who receives rent (directly or indirectly) in respect of the premises.

(3) A requirement under subsection (1) is imposed on a person by the Scottish Ministers giving the person notice of—

(a) the information required, and

(b) the deadline for providing it.

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

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

(6) A person who is required under subsection (1) to provide information commits an offence if the person—

(a) without reasonable excuse fails to provide it by the deadline, or

(b) knowingly or recklessly provides in response to the requirement a statement that is false, or misleading, in a material particular.

(7) A person who commits an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.