271.This section provides the Welsh Ministers with a power to make regulations requiring an outgoing accountable person for a regulated building to give specified information or specified documents relating to the part of the building for which the outgoing accountable person was responsible, to specified persons. “Relevant” is defined in subsection (9).
272.An outgoing accountable person is an accountable person who has stopped being responsible for all or part of a regulated building.
273.The persons to whom the regulations may require an outgoing accountable person to give information or documents are a “successor” (defined in subsection (1)(b)), the building safety authority for the building and the fire safety authority for the building. “Successor” means a person who, immediately after an outgoing accountable person stop being responsible for all or part of a regulated buildings, takes over responsibility, as an accountable person, for all or that part of the building (depending on what the outgoing accountable person was responsible for).
274.The regulations may also make provision about when, how and in which form the information or documents must be given. They may make the requirements they contain subject to conditions, and they may provide for exceptions from those requirements (subsections (3) and (4)).
275.The purpose of this provision is to help to ensure that the incoming accountable person has a complete and accurate record of information about the part of the building for which they have become responsible, which may include historical documents, that will help them to assess and manage the building safety risks and comply with their duties.
276.Subsection (5) provides that it is an offence to fail, without reasonable excuse, to comply with requirements imposed by regulations made under this section.
277.If a person is found guilty of an offence under subsection (5) in a magistrates’ court, the court may impose a fine or a term of imprisonment, or both. There is no maximum limit on the amount of the fine. The maximum term of imprisonment is 12 months (which is the “applicable limit” set out in section 224(1A) (b) of the Sentencing Code; the Sentencing Code is contained in the Sentencing Act 2020 (c. 17)).
278.If a person is found guilty of an offence under subsection (5) in the Crown court, the court may impose a fine or a term of imprisonment, or both. There is no maximum limit on the amount of the fine. The maximum term of imprisonment is 2 years (subsection (6)).
279.Subsection (7) provides that a further offence is committed if, after having been convicted of failing to comply with a requirement of the regulations, a person continues to fail to comply with that requirement.
280.An offence under subsection (7) would be tried in a magistrates’ court. If found guilty of the further offence the person may be fined for each day on which the failure continues (subsection (8)). The standard scale of fines is set out in section 122 of the Sentencing Act 2020.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Duties to keep and provide information and documents Section 50 - Duty to give information and documents on change of accountable person