OpenLegislation

Section 23 Post-assessment engagement: reportsI1I2

Scotland

(1)

The Scottish Ministers must, where they arranged a relevant assessment in relation to a building under Chapter 1 of Part 2, use their best endeavours to ensure that the persons mentioned in subsection (2) are—

(a)

so far as practicable, informed, in plain language, of the conclusions contained in the report of the assessment, and

(b)

given a reasonable opportunity to put questions about the report to a person appointed for that purpose by the Scottish Ministers.

(2)

The persons are—

(a)

where the assessment was arranged by the Scottish Ministers in order to enable a relevant assessment arranged by another person to be completed, the owners and occupiers of premises that—

(i)

form part of the building to which the assessment related, and

(ii)

were entered pursuant to the arrangement made by the Scottish Ministers,

(b)

otherwise, the owners and occupiers of the building to which the assessment related.

(3)

Without prejudice to the generality of subsection (1), the Scottish Ministers’ duty under that subsection is to be regarded as fulfilled if the person who carried out the assessment has a duty, under an agreement with the Scottish Ministers, to use the person’s best endeavours to ensure that the persons mentioned in subsection (2) are—

(a)

so far as practicable, informed, in plain language, of the conclusions contained in the report of the assessment, and

(b)

given a reasonable opportunity to put questions about the report to a person appointed for that purpose by the person who carried out the assessment.

Annotations

Commencement

I1

S. 23 not in force at Royal Assent, see s. 39(2)

I2

S. 23 in force at 6.1.2025 by S.S.I. 2024/370, reg. 2