Regulation 2 Amendment of Regulations

(1)

The Building (Procedure) (Scotland) Regulations 2004^f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 2 (interpretation) for the definition of “fire authority” substitute–

““fire authority” means–

(a)

an enforcing authority within the meaning of section 61(9) of the Fire (Scotland) Act 2005^f2;

(b)

a fire and rescue authority as defined in section 1 of that Act; or

(c)

a joint fire and rescue board constituted by an amalgamation scheme made under section 2(1) of that Act;”.

(3)

In regulation 58 (inspection of records and applications)–

(a)

in paragraph (3) omit “for inspection in terms of paragraph (1) or”;

(b)

in paragraph (4)–

(i)

for “where disclosure or” substitute, “, a prison, a building where a person may be legally detained or otherwise legally held in custody, the Scottish Parliament or a building belonging to Her Majesty in right of Her private estates where”; and

(ii)

for “that disclosure or copying” substitute “that copying”;

(c)

in paragraph (5) after “applies” insert “where paragraph (4) does not apply and”; and

(d)

after paragraph (5) insert–

“(6)

A local authority may remove a document from the building standards register if the disclosure or copying of that document would raise security concerns.”.

Annotations

Footnotes

f1: S.S.I. 2004/428 as amended by S.S.I. 2005/344 and S.S.I. 2007/167.
f2: 2005 asp 5. Section 61(9) was amended by S.I. 2005/2060 and S.I. 2007/320.