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Housing (Cladding Remediation) (Scotland) Act 2024

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This is the original version (as it was originally enacted).

26Eligibility for membership

(1)This section elaborates on the provision that is to be made by regulations in accordance with section 25(3)(a).

(2)Regulations must make being eligible for membership of a scheme depend on a person—

(a)being a developer, and

(b)having a connection to a building of a kind described by the regulations that has problematic cladding.

(3)It is for the regulations to describe the kind of connection to a building that a developer must have in order to be eligible for membership of a scheme.

(4)The regulations may provide for a connection of an indirect kind to suffice.

(5)Subsection (2) is not exhaustive of the matters that regulations may specify as criteria for being eligible for membership of a scheme.

(6)In this section—

  • “developer” means a person carrying on, for business purposes, activities connected with the construction or other development of buildings,

  • “problematic cladding” means an external wall cladding system in relation to which a single-building assessment report states that—

    (a)

    (directly or indirectly) the cladding system creates or exacerbates a risk to human life, and

    (b)

    work is needed to eliminate or mitigate that risk.

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