Explanatory note

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.