45Duty of principal accountable person to display certificate and related information(1)

The principal accountable person for a category 1 building to which section 42 applies must ensure that the following are displayed together in a conspicuous place in the building—

(a)

a copy of the most recent building certificate relating to the building;

(b)

a notice complying with subsection (4);

(c)

if there is a relevant compliance notice (within the meaning given by subsection (9)), a copy of the statement under section 96(4) summarising the compliance notice.

(2)

Subsection (1) does not apply if a special measures order is in force in relation to the building.

(3)

Where such an order is in force, the principal accountable person for the building must ensure—

(a)

that no building certificate relating to the building, or copy of such a certificate, is displayed in the building;

(b)

that the following are displayed together in a conspicuous place in the building—

(i)

a notice complying with subsection (4);

(ii)

if there is a relevant compliance notice that was given to an accountable person to whom the order does not apply, a copy of the statement under section 96(4) summarising the compliance notice.

(4)

A notice complies with this subsection if—

(a)

it is in the form specified in regulations made by the Welsh Ministers, and

(b)

it contains information specified in regulations made by the Welsh Ministers relating to—

(i)

the accountable persons for the building, and

(ii)

if a special measures order is in force in relation to the building, the special measures manager for the building.

(5)

The principal accountable person for a category 1 building to which section 42 applies commits an offence if the person fails without reasonable excuse to comply with subsection (1) or (3).

(6)

A person guilty of an offence under subsection (5) is liable—

(a)

on summary conviction, to a fine or imprisonment for a term not exceeding the applicable limit under section 224(1A)(b) of the Sentencing Code, or both;

(b)

on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.

(7)

A person who has been convicted of an offence under subsection (5) commits a further offence if the person continues to fail to comply with subsection (1) or (3) (as the case may be) after the conviction.

(8)

A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 1 on the standard scale for each day on which the failure continues.

(9)

A compliance notice is “relevant” for the purposes of this section if an enforcing authority—

(a)

gave the notice to an accountable person for the category 1 building,

(b)

in a case where it did not give the notice to the principal accountable person for the building, has given a copy to the principal accountable person, and

(c)

has not notified the principal accountable person that the notice has been withdrawn.