PART 1SAFETY OF BUILDINGS CONTAINING TWO OR MORE RESIDENTIAL UNITS

CHAPTER 7INFORMATION AND COMPLAINTS

Duties to keep and provide information and documents

50Duty to give information and documents on change of accountable person

(1)

In this section—

(a)

outgoing accountable person” means an accountable person for a regulated building who at any time ceases to be responsible for all or any part of the building;

(b)

successor” means a person who, immediately after that time—

(i)

is an accountable person for the building, and

(ii)

is responsible for a part of the building for which the outgoing accountable person ceased to be responsible at that time.

(2)

The Welsh Ministers may by regulations require an outgoing accountable person for a regulated building to give relevant information specified in the regulations, or relevant documents specified in the regulations, to—

(a)

a successor;

(b)

the building safety authority for the building;

(c)

the fire safety authority for the building.

(3)

Regulations under this section may, in particular, make provision about—

(a)

when relevant information or a relevant document must be given;

(b)

how it must be given;

(c)

the form in which it must be given.

(4)

The regulations may impose requirements subject to conditions or exceptions.

(5)

An outgoing accountable person commits an offence if the person fails without reasonable excuse to comply with a requirement imposed by regulations under this section.

(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 the requirement in question 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)

For the purposes of this section, information and documents are “relevant” if they relate to a part of a building for which an outgoing accountable person has ceased to be responsible.