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The Tenements (Scotland) Act 2004 (Prescribed Risks) Order 2007

S.S.I. 2007/16 · Made 23 January 2007

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.

TENEMENTS

Made 23rd January 2007

Laid before the Scottish Parliament 24th January 2007

Coming into force 1st May 2007

The Scottish Ministers, in exercise of the powers conferred by section 18(3) of the Tenements (Scotland) Act 2004f1 and of all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

2004 asp 11.

Contents

  1. 1Citation and commencement
  2. 2Prescribed risks
  3. Signature
  4. Schedule Prescribed Risks
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Tenements (Scotland) Act 2004 (Prescribed Risks) Order 2007 and shall come into force on 1st May 2007.

2Prescribed risks

The risks prescribed for the purposes of section 18 of the Tenements (Scotland) Act 2004 (obligation of owner to insure) are those risks specified in the Schedule to this Order.

Signature

JOHANN M LAMONT

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd January 2007

Prescribed Risks

The risk of damage to a flat or any part of a tenement building attaching to that flat as a pertinent caused by:

(a)

fire, smoke, lightning, explosion, earthquake;

(b)

storm or flood;

(c)

theft or attempted theft;

(d)

riot, civil commotion, labour or political disturbance;

(e)

malicious persons or vandals;

(f)

subsidence, heave or landslip;

(g)

escape of water from water tanks, pipes, apparatus and domestic appliances;

(h)

collision with the building caused by any moving object originating outside the building;

(i)

leakage of oil from fixed heating installations; and

(j)

accidental damage to underground services.

Explanatory note

(This note is not part of the Order)

This Order prescribes the risks against which an owner of a flat within a tenement is required to insure in accordance with section 18 of the Tenements (Scotland) Act 2004. The risks are set out in the Schedule to the Order.