Housing (Cladding Remediation) (Scotland) Act 2024

Chapter 1 Interpretation

32 Meaning of single-building assessment

(1) In this Act, a “single-building assessment” means an assessment that—

(a) relates to a building that—

(i) is a flatted building as defined in section 16(4) of the Land Registration etc. (Scotland) Act 2012,

(ii) contains at least one flat that is used, or intended to be used, as a dwelling,

(iii) has an external wall cladding system,

(iv) stands 11 metres or more above the ground, and

(v) has been constructed, or otherwise undergone development, at any time within the period beginning with 1 June 1992 and ending with 1 June 2022,

(b) assesses, and culminates in a report on—

(i) any risk to human life that is (directly or indirectly) created or exacerbated by the building’s external wall cladding system, and

(ii) what work (if any) is needed to eliminate or mitigate any risk of that kind which is identified, and

(c) is carried out—

(i) in accordance with the standards for the time being specified by the Scottish Ministers, and

(ii) by a person authorised by the Scottish Ministers to carry it out.

(2) For the purposes of—

(a) subsection (1), a building stands 11 metres or more above the ground if, excluding roof-top plant areas and any top storey consisting exclusively of plant rooms, the building has at least one storey the finished floor level of which, measuring vertically, is (or would be if it was directly above the building’s lowest point) 11 metres or more higher than the building’s lowest point,

(b) paragraph (a), a building’s lowest point is the point at which the surface of the ground adjacent to the building is lowest.

33 Power to modify meaning of single-building assessment

(1) The Scottish Ministers may by regulations modify section 32 so as to change or clarify the types of building in relation to which a single-building assessment may be carried out.

(2) Regulations under this section may not modify section 32 so that a single-building assessment may be carried out in relation to a building that—

(a) is not, and does not contain any premises that are, a dwelling or intended to be used as a dwelling,

(b) does not have an external wall cladding system.

34 Meaning of additional work assessment

In this Act, an “additional work assessment” means an assessment that—

(a) relates to a building in relation to which a single-building assessment has been carried out,

(b) is required as a result of additional information coming to light in the period between—

(i) the single-building assessment report being completed, and

(ii) the date on which the Scottish Ministers were satisfied that any work identified in that report, or in an additional work assessment report, as being needed to eliminate or mitigate risks to human life that are (directly or indirectly) created or exacerbated by the building’s external wall cladding system had been completed,

(c) assesses, and culminates in a report on, whether any additional work is needed to eliminate or mitigate such risks, and

(d) is carried out—

(i) in accordance with the standards for the time being specified by the Scottish Ministers, and

(ii) by a person authorised by the Scottish Ministers to carry it out.

35 Meaning of “owner” in relation to Crown premises

(1) In this Act, “owner” in relation to Crown premises specified in the first column of the following table means the person specified in the corresponding entry in the second column.

Crown premises	Person to be treated as owner
Premises an interest in which belongs to His Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners)	The Crown Estate Commissioners
Premises an interest in which belongs to His Majesty in right of the Crown and which forms part of the Scottish Crown Estate	The person managing the premises
Premises an interest in which belongs to His Majesty in right of the Crown other than premises forming part of the Crown Estate or the Scottish Crown Estate	The office-holder in the Scottish Administration or, as the case may be, the government department managing the premises
Premises an interest in which belongs to His Majesty in right of His private estates	The person appointed by His Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers
Premises an interest in which belongs to an office-holder in the Scottish Administration	The office-holder in the Scottish Administration
Premises an interest in which belongs to a government department	The government department
Premises an interest in which is held in trust for His Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration	The office-holder in the Scottish Administration
Premises an interest in which is held in trust for His Majesty for the purposes of a government department	The government department

(2) In subsection (1)—

(a) the reference to His Majesty’s private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862,

(b) “government department” means a department of the Government of the United Kingdom,

(c) “Scottish Crown Estate” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.

(3) It is for the Scottish Ministers to determine any question that arises as to who is to be treated as the “owner” of any premises in accordance with subsection (1), and their decision is final.

36 Interpretation of other words and expressions

(1) In this Act—

• “additional work assessment report” means the report of an additional work assessment by the person who carried out the assessment,

• “occupier”, in relation to premises, means any person entitled to occupy them under a lease, licence or other occupancy arrangement,

• “on”, in relation to premises, includes “in” (and “onto” includes “into”),

• “premises” includes land,

• “single-building assessment report” means the report of a single-building assessment by the person who carried out the assessment.

(2) It is for the Scottish Ministers to determine any question that arises as to whether, and to what extent, a structure constitutes, or a number of conjoined structures constitute, one building for the purposes of any provision of this Act, and their decision is final.