The Secretary of State may by regulations make provision for the Secretary of State to make costs contribution orders.
The regulations may only make provision for the making of costs contribution orders in cases where—
Condition A is that a person ("the defaulter") is convicted of an offence consisting of a failure to comply with a construction product requirement in relation to a construction product.
Condition B is that, after the failure to comply referred to in subsection (3), the construction product is installed in, or applied or attached to, a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.
Condition C is that, when those works are completed—
Condition D is that the failure to comply referred to in subsection (3) was the cause, or one of the causes, of the building or dwelling being unfit for habitation.
A "costs contribution order" under this section is an order requiring the defaulter to make a payment to a person with a prescribed interest in the building or any dwelling contained in the building.
Regulations under this section must provide for the amount to be paid to a person under a costs contribution order under this section to be such amount as the Secretary of State considers just and equitable in respect of the costs that the person has reasonably incurred, or in the view of the Secretary of State is likely to reasonably incur, in respect of works to make the building or dwelling fit for habitation.
The regulations may make provision as to the matters which may or must be taken into account by the Secretary of State in determining—
The regulations may make provision for the Secretary of State to issue a warning notice to a person before determining whether to make a costs contribution order under this section against that person.
The regulations may make provision requiring that a costs contribution order under this section—
The regulations may make provision about service of a costs contribution order under this section including—
The regulations may make provision in relation to—
The regulations may make provision about how a costs contribution order under this section relates to other remedies, including in particular—
The regulations may make provision for persons to apply to the Secretary of State for a review of a costs contribution order under this section.
The regulations may make provision for appeals to a court or tribunal in relation to—
The regulations may in particular include provision suspending a requirement to pay an amount due under a costs contribution order under this section pending the determination or withdrawal of an appeal or the determination of a review.
In this section "prescribed" means prescribed by regulations under this section.