Housing (Cladding Remediation) (Scotland) Act 2024

29 Consequences of not being a member

(1) This section elaborates on the provision that is to be made by regulations in accordance with section 25(3)(d).

(2) Regulations are to provide that the person operating a scheme is to publish a list of persons who are eligible to be members of the scheme but are not (“a prohibited developers list”).

(3) Regulations may, in relation to a person included on a prohibited developers list—

(a) prohibit the person from carrying out—

(i) any development, or

(ii) development of a kind described in the regulations,

(b) prevent a building warrant from being granted, or amended, on an application by the person,

(c) require a verifier to reject any completion certificate submitted by the person.

(4) Regulations may modify any enactment for a purpose mentioned in subsection (3).

(5) Regulations may, in particular, modify Part 6 (enforcement) of the Town and Country Planning (Scotland) Act 1997 so that its provisions apply in relation to the carrying out of development in breach of a prohibition created by virtue of subsection (3)(a) as though doing so were a breach of planning control.

(6) Regulations may create offences in connection with breaching a prohibition on carrying out development created by virtue of subsection (3)(a).

(7) The maximum penalties that may be provided for in respect of offences created by virtue of subsection (6) are—

(a) on summary conviction, a fine not exceeding £50,000,

(b) on conviction on indictment, a fine.

(8) Regulations must provide for a right to appeal to a court against a decision to include a person on a prohibited developers list.

(9) In this section—

(a) “development” has the meaning given by section 26 (meaning of “development”) of the Town and Country Planning (Scotland) Act 1997,

(b) the following terms have the meanings given by section 56 (interpretation) of the Building (Scotland) Act 2003—

(i) building warrant,

(ii) completion certificate,

(iii) verifier.