OpenLegislation

Section 39 Reporting to authorities: duty of accountable personI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An accountable person for an occupied category 1 building must, in accordance with regulations made by the Welsh Ministers, give relevant building safety information to—

(a)

the building safety authority for the building, and

(b)

the fire safety authority for the building.

(2)

In this section, “relevant building safety information” means information about building safety risks relating to the part of the building for which the accountable person is responsible.

(3)

Regulations under subsection (1) must, in particular, specify—

(a)

the relevant building safety information that must be given;

(b)

the circumstances in which it must be given;

(c)

the time by which it must be given.

(4)

The regulations may make provision about how the information must be given.

(5)

An accountable person for a category 1 building commits an offence if the person fails without reasonable excuse to comply with subsection (1).

(6)

A person guilty of an offence under subsection (5) is liable on summary conviction, or on conviction on indictment, to a fine.

(7)

Information that a person gives to a building safety authority or a fire safety authority under this section is not admissible in evidence against the person in criminal proceedings except—

(a)

in proceedings for an offence under this section,

(b)

in proceedings for an offence under section 108 (providing false or misleading information),

(c)

in proceedings for an offence of perverting the course of justice, or

(d)

if in the proceedings—

(i)

in giving evidence the person makes a statement inconsistent with the information, and

(ii)

evidence‍ relating to the information that was given is adduced, or a question relating to it is asked, by or on behalf of the person.

Annotations

Commencement

I1

S. 39 not in force at Royal Assent, see s. 138(2)