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The Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1997

S.I. 1997/1872 · Made 28 July 1997

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 July 1997

Laid before Parliament 11th August 1997

Coming into force 1st September 1997

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 1997 and shall come into force on 1st September 1997.

(2)

In these Regulations–

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

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

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.

(2)

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 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 1991f1 are hereby revoked.

(2)

Notwithstanding the revocation in paragraph (1), the Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1991 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 a building is made before 1st September 1997.

Signature

Malcolm Chisholm

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

28th July 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke and re-enact with amendments the Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1991.

The Regulations extend the powers of local authorities to dispense with or relax provisions of the building standards regulations in relation to particular buildings. Local authorities will, from the date on which these Regulations come into force, determine application for dispensation and relaxation for all new buildings, alterations, extensions and changes of use, except for cases where an application for a warrant in respect of the building has been referred to the Secretary of State. 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 the date on which these Regulations come into force.