Housing (Cladding Remediation) (Scotland) Act 2024

Chapter 2 Carrying out assessments and work

13 Authority for carrying out assessment or work

(1) A person carrying out, under an arrangement made under Chapter 1, a single-building assessment, an additional work assessment or work is entitled by this subsection to do anything reasonably required to carry out that assessment or work, including—

(a) entering premises (subject to subsections (3) and (4)(a)),

(b) taking other persons, and equipment, onto premises,

(c) removing things from premises and arranging for their retention until claimed by a person having a right of possession to them,

(d) carrying out reasonable tests to determine the properties of any material.

(2) Subsection (1) does not, of itself, entitle a person to use force to enter premises (for that a warrant is required under section 14).

(3) Subsection (1) does not entitle a person to enter Crown premises without the owner’s consent.

(4) A person entitled to enter premises by subsection (1)—

(a) is entitled by that subsection to do so—

(i) only at a reasonable time of day, and

(ii) only if the premises’ occupants have been given at least 24 hours’ notice (subject to subsection (5)),

(b) if requested to do so when seeking entry to the premises, or while on them, must produce written evidence of the legal basis for the person’s entitlement to enter them,

(c) must leave the premises no less effectually secured against unauthorised entry as the person found them.

(5) The requirement for notice under subsection (4)(a)(ii) does not apply in an urgent situation.

(6) A person’s entitlement to do anything mentioned in this section is subject to any contrary or qualifying provision in a warrant under section 14.

(7) Nothing in this section entitles a person to do any thing—

(a) in breach of section 3(2), 4(3) or 7(2),

(b) without any warrant, permission, consent or other approval (however described) from a public authority that would ordinarily be required in relation to doing the thing.

14 Warrant authorising use of force to effect entry

(1) The holder of a judicial office mentioned in subsection (6) may grant a warrant authorising a person entitled to enter premises by section 13(1) to use reasonable force in accordance with the terms of the warrant.

(2) An application for a warrant under this section may be made only by the Scottish Ministers.

(3) A warrant under this section may be granted only if the judicial office-holder is satisfied, by evidence on oath—

(a) that there are reasonable grounds for the person to enter the premises for the purpose of doing something the person is entitled to do by section 13(1), and

(b) that—

(i) entry to the premises has been refused,

(ii) such a refusal is reasonably expected,

(iii) the premises are unoccupied,

(iv) the premises’ occupier is temporarily absent,

(v) the case is one of urgency, or

(vi) that an application for admission would defeat the object of the proposed entry.

(4) A judicial office-holder may not be satisfied that a condition specified by any of sub-paragraphs (ii) to (iv) of subsection (3)(b) is met unless the office-holder is also satisfied that notice of intention to apply for a warrant has been given to the premises’ occupier.

(5) A warrant under this section ceases to have effect—

(a) when the purpose for which it was granted is fulfilled, or

(b) if the warrant specifies a date for its own expiry, on that date (if it has not already ceased to have effect by virtue of paragraph (a)).

(6) The judicial offices referred to in subsection (1) are—

(a) sheriff,

(b) summary sheriff.

15 Offence of obstructing assessment or work

(1) A person (“A”) commits an offence if—

(a) another person (“B”) is carrying out a single-building assessment, an additional work assessment or work arranged under Chapter 1,

(b) the use of reasonable force by B is authorised in connection with the carrying out of the assessment or work by a warrant under section 14, and

(c) without reasonable excuse, A intentionally obstructs B from doing something that B is entitled to do by section 13(1).

(2) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

16 Offence of failing to assist with assessment or work

(1) A person (“A”) commits an offence if—

(a) another person (“B”)—

(i) is on premises carrying out a single-building assessment, an additional work assessment or work arranged under Chapter 1, and

(ii) reasonably requests assistance or information from A for the purposes of carrying out the assessment or work,

(b) the use of reasonable force by B is authorised in connection with the carrying out of the assessment or work by a warrant under section 14,

(c) A is either—

(i) also on the premises, or

(ii) is the owner or occupier of the premises, and

(d) without reasonable excuse A fails to provide the requested assistance or information.

(2) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.