Housing (Cladding Remediation) (Scotland) Act 2024

Chapter 3 Notices

17 Power to require information to give notice

(1) The Scottish Ministers may, for the purpose of enabling them to give a notice under this Part, require any person to whom subsection (2) applies to state, in writing, to the Ministers—

(a) the nature of the person’s interest in the premises in connection with which the notice is to be given, and

(b) the name and address of any other person known by that person to have an interest in the premises.

(2) This subsection applies to the following—

(a) the owner of the premises in question,

(b) the occupier of the premises,

(c) any person who receives rent (directly or indirectly) in respect of the premises.

(3) A requirement under subsection (1) is imposed on a person by the Scottish Ministers giving the person notice of—

(a) the information required, and

(b) the deadline for providing it.

(4) A person may not be required under subsection (1) to disclose any information which that person would be entitled to refuse to provide in proceedings in a court in Scotland.

(5) The Scottish Ministers may relieve a person from a requirement to provide information under subsection (1) by giving the person a written notice to that effect.

(6) A person who is required under subsection (1) to provide information commits an offence if the person—

(a) without reasonable excuse fails to provide it by the deadline, or

(b) knowingly or recklessly provides in response to the requirement a statement that is false, or misleading, in a material particular.

(7) A person who commits an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

18 Giving notice where recipient’s address is unknown

(1) Where—

(a) under this Part, the Scottish Ministers are required to give notice to a person, and

(b) despite having made reasonable inquiries they cannot ascertain that person’s proper address,

a written notice is to be taken to have been given to the person 48 hours after the Scottish Ministers cause the notice to be conspicuously displayed on or near the premises in connection with which the notice is to be given.

(2) In subsection (1), “proper address” has the meaning given in section 26(4) of the Interpretation and Legislative Reform (Scotland) Act 2010.

19 Deemed receipt of notice

For the purposes of this Part, where a notice is served as mentioned in section 26(2)(b) or (c) of the Interpretation and Legislative Reform (Scotland) Act 2010, it is to be taken to have been received 48 hours after it is sent.