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The Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1991

S.I. 1991/158 · Made 28 January 1991

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

BUILDING AND BUILDINGS

Made 28th January 1991

Laid before Parliament 18th February 1991

Coming into force 1st April 1991

The Secretary of State, in exercise of the powers conferred on him by section 4(2) of the Building (Scotland) Act 1959f1 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1959 c. 24; section 4(2) was substituted by the Building (Scotland) Act 1970 (c. 38), section 2(1) and amended by the Local Government (Scotland) Act 1973 (c. 65), Schedule 15, paragraphs 1 and 4.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Construction or change of use of particular buildings
  3. 3Revocation and transitional provision
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1991 and shall come into force on 1st April 1991.

(2)

In these Regulations—

  • “the Act” means the Building (Scotland) Act 1959;

  • “the building standards regulations” means the Building Standards (Scotland) Regulations 1990f1;

  • “enclosed shopping centre” means a building containing shops having frontages to an arcade, mall or other covered circulation area.

2Construction or change of use of particular buildings

(1)

This regulation shall apply to an application made under section 4(1)(a) of the Actf1 for a direction dispensing with or relaxing any provision of the building standards regulations in the case of the construction or change of use of a particular building.

  • The power to dispense with or relax such a provision shall be exercisable by the local authority instead of by the Secretary of State except where—

    1. (a)

      the building consists of or contains an enclosed shopping centre, or

    2. (b)

      an application for a warrant under section 6 of the Act in respect of the building is referred to the Secretary of State under section 6A of the Actf2.

3Revocation and transitional provision

(1)

Subject to paragraph (2), the Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1985f1 are hereby revoked.

(2)

Notwithstanding the revocation in paragraph (1), the Building Standards (Relaxation by Local Authorities) (Scotland) Regulation 1985 shall continue to apply to an application made under section 4(1)(a) of the Act where an application for a warrant for the construction or change of use of the building is made before 1st April 1991.

Signature

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

28th January 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke and re-enact with amendments tha Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1985. The Regulations come into force on 1st April 1991, to coincide with the coming into force of the Building Standards (Scotland) Regulations 1990.

The Regulations extend the powers of local authorities to dispense with or relax provisions of the building standards regulations in relation to particular buildings. Previously their powers were limited to dispensation and relaxation for alteration, extension or change of use of a building (subject to some qualifications and exceptions). Under regulation 2, however, applications for dispensation and relaxation for all new buildings, alterations, extensions and change of use, with the exception of enclosed shopping centres and cases where an application for a warrant in respect of the building has been referred to the Secretary of State, will be determined by local authorities. The excepted cases will continue to be dealt with by the Secretary of State.

The Regulations also make transitional provision to deal with cases where application for warrant has been made before 1st April 1991.