P ART 4 R ESPONSIBLE DEVELOPERS SCHEME 20 Power to establish scheme (1) The Scottish Ministers may by regulations establish a responsible developers scheme 10 (or more than one). 1 (2) The purpose of a responsible developers scheme is to secure that persons in the building industry address, or contribute towards the costs of addressing, risks to human life created or exacerbated (directly or indirectly) by the external wall cladding systems of buildings that are wholly or partly residential. 15 (3) Regulations establishing a scheme are to include provision about— (a) who is eligible to be a member of a responsible developers scheme, (b) the conditions of becoming, and remaining, a member, (c) loss of membership, (d) the consequences of a person who is eligible to be a member not being a member. 20 (4) Without prejudice to the generality of any other provision in this Part, regulations under subsection (1) may in particular— (a) make provision about who is to operate a scheme (including by allowing a person to be appointed for that purpose in accordance with the regulations), (b) confer functions on persons, 25 (c) require members, or persons seeking to become members, of a scheme to pay fees, (d) make provision about the processes to be followed by the person operating a scheme. 21 Eligibility for membership 30 (1) This section elaborates on the provision that is to be made by regulations in accordance with section 20(3)(a). (2) Regulations must make being eligible for membership of a scheme depend on a person— (a) being a developer, and (b) having a connection to a building of a kind described by the regulations that has 35 problematic cladding. (3) It is for the regulations to describe the kind of connection to a building that a developer must have in order to be eligible for membership of a scheme. 12 Housing (Cladding Remediation) (Scotland) Bill Part 4—Responsible developers scheme (4) The regulations may provide for a connection of an indirect kind to suffice. (5) Subsection (2) is not exhaustive of the matters that regulations may specify as criteria for being eligible for membership of a scheme. (6) In this section— 5 “developer” means a person carrying on, for business purposes, activities connected with the construction of buildings, “problematic cladding” means an external wall cladding system in relation to which a single-building assessment report states that— (a) (directly or indirectly) the cladding system creates or exacerbates a risk to 10 human life, and 1 (b) work is needed to eliminate or mitigate that risk. 22 Conditions of membership (1) This section elaborates on the provision that is to be made by regulations in accordance with section 20(3)(b). 15 (2) Conditions of becoming, and remaining, a member of a scheme may include conditions relating to— (a) carrying out single-building assessments and the carrying out of work identified as needed in a single-building assessment report, (b) making financial contributions towards meeting costs associated with carrying out 20 single-building assessments and the carrying out of work identified as needed in a single-building assessment report, (c) the provision of information to the Scottish Ministers or any other person, (d) abiding by the terms of an agreement. (3) Regulations may provide for a right of appeal to a court or tribunal against a decision 25 of the person operating a scheme to refuse to allow another person to become a member of the scheme on the grounds that the person does not meet the conditions for becoming a member. 23 Loss of membership (1) This section elaborates on the provision that is to be made by regulations in accordance 30 with section 20(3)(c). (2) Regulations must enable a person who has become a member of a scheme to choose to stop being a member. (3) Regulations may provide for a right of appeal to a court or tribunal against a decision of the person operating a scheme to stop another person’s membership of a scheme on 35 the grounds that the person has not met the conditions for becoming or remaining a member. 13 Housing (Cladding Remediation) (Scotland) Bill Part 4—Responsible developers scheme 24 Consequences of not being a member (1) This section elaborates on the provision that is to be made by regulations in accordance with section 20(3)(d). (2) Regulations are to provide that the person operating a scheme is to publish a list of 5 persons who are eligible to be members of the scheme but are not (“a prohibited developers list”). (3) Regulations may, in relation to a person included on a prohibited developers list— (a) prohibit the person from carrying out— (i) any development, or 10 (ii) development of a kind described in the regulations, 1 (b) prevent a building warrant from being granted, or amended, on an application by the person, (c) require a verifier to reject any completion certificate submitted by the person. (4) Regulations may modify any enactment for a purpose mentioned in subsection (3). 15 (5) Regulations may, in particular, modify Part 6 (enforcement) of the Town and Country Planning (Scotland) Act 1997 so that its provisions apply in relation to the carrying out of development in breach of a prohibition created by virtue of subsection (3)(a) as though doing so were a breach of planning control. (6) Regulations may create offences in connection with breaching a prohibition on carrying 20 out development created by virtue of subsection (3)(a). (7) The maximum penalties that may be provided for in respect of offences created by virtue of subsection (6) are— (a) on summary conviction, a fine not exceeding £50,000, (b) on conviction on indictment, a fine. 25 (8) Regulations may provide for a right to appeal to a court against a decision to include a person on a prohibited developers list. (9) In this section— (a) “development” has the meaning given by section 26 (meaning of “development”) of the Town and Country Planning (Scotland) Act 1997, 30 (b) the following terms have the meanings given by section 56 (interpretation) of the Building (Scotland) Act 2003— (i) building warrant, (ii) completion certificate, (iii) verifier. 14 Housing (Cladding Remediation) (Scotland) Bill Part 5—Interpretation and final provisions Chapter 1—Interpretation P ART 5 I NTERPRETATION AND FINAL PROVISIONS C HAPTER 1 I NTERPRETATION 5 25 Meaning of single-building assessment In this Act, a “single-building assessment” means an assessment that— (a) relates to a building that— (i) is a flatted building as defined in section 16(4) of the Land Registration etc.