Housing (Cladding Remediation) (Scotland) Act 2024

22 Pre-assessment engagement

(1) The Scottish Ministers must, where a relevant assessment arranged by them under Chapter 1 of Part 2 in relation to a building involves entry on premises, use their best endeavours to ensure that, before the first premises are entered for the purposes of the arrangement, the persons mentioned in subsection (2) are—

(a) informed that the assessment is to be carried out, and

(b) given a reasonable opportunity to put questions about the assessment to a person appointed for that purpose by the Scottish Ministers.

(2) The persons are—

(a) where the assessment is arranged by the Scottish Ministers in order to enable a relevant assessment arranged by another person to be completed, the owners and occupiers of premises that—

(i) form part of the building to which the assessment relates, and

(ii) are to be entered pursuant to the arrangement made by the Scottish Ministers,

(b) otherwise, the owners and occupiers of the building to which the assessment relates.

(3) Without prejudice to the generality of subsection (1), the Scottish Ministers’ duty under that subsection is to be regarded as fulfilled if the person carrying out the assessment arranged by the Scottish Ministers has a duty, under an agreement with the Scottish Ministers, to use the person’s best endeavours to ensure that the persons mentioned in subsection (2) are—

(a) informed that the assessment is to be carried out, and

(b) given a reasonable opportunity to put questions about the assessment to a person appointed for that purpose by the person carrying out the assessment.

(4) In this section and sections 23 and 24, “relevant assessment” means—

(a) a single-building assessment, or

(b) an additional work assessment.