OpenLegislation

Section 101 Offence: contravention giving rise to risk of death and serious injuryI1I2

England and Wales

(1)

An accountable person for a higher-risk building commits an offence if—

(a)

without reasonable excuse, the accountable person contravenes a relevant requirement, and

(b)

the contravention places one or more people in or about the building at critical risk.

(2)

In subsection (1)—

  • “critical risk” means a significant risk of death or serious injury arising from a building safety risk;

  • “relevant requirement” means any requirement on an accountable person under, or under regulations made under, this Part except one that is prescribed for the purposes of this section.

(3)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

Annotations

Commencement

I1

S. 101 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I2

S. 101 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(t)