252.This section places a duty on relevant persons to give information or a document to an accountable person where the criteria in subsection (3) are satisfied.
253.A relevant person for the purposes of this section is set out in subsection (2).
254.Subsection (3)(a) provides that the information or document requested by an accountable person must be necessary for them to be able to comply with a requirement under the Act or regulations made under it. Subsection (3)(b) provides that a request under this section must be in writing and details what a written request must contain. For the duty in subsection (1) to apply, it must be reasonable for the relevant person to give the information or document to the accountable person (subsection (3)(c)).
255.Subsection (3)(d) means that the accountable person cannot request information under subsection (1) if the accountable person can request the same information from the relevant person under the information sharing duties placed on residents and owners by sections 54(4) or 55(4).
256.A disclosure of information or a document under this section will not breach any obligation of confidence owed by the person making the disclosure, or any other restriction on the disclosure of information or a document; but by virtue of section 183A of the Data Protection Act 2018 it will be subject to the requirements of data protection legislation relating to the processing of personal data.
257.Subsection (6) provides that references to an accountable person in this section includes persons treated as an accountable person under section 36.
258.Example: A freeholder, who for the building is not identified as an accountable person or principal accountable person, possesses the original design plans and fire strategy for the building. The head lessee, who is identified as the principal accountable person, needs to assess these documents as part of their requirements to prepare a safety case report. Under this section the head lessee can request the relevant documents from the freeholder where the criteria in subsection (3) are satisfied. Where there is a breach of the duty in subsection (1) enforcement action can be taken under Part 3.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Duties to keep and provide information and documents Section 47 - Duty to give information and documents to accountable persons