Building (Scotland) Act 1970

JurisdictionUK Non-devolved
Citation1970 c. 38


Building (Scotland) Act 1970

1970 CHAPTER 38

An Act to Amend the Building (Scotland) Act 1959, and for purposes connected therewith.

[29th May 1970]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Amendment of s. 3 of Building \(Scotland Act 1959.

1 Amendment of s. 3 of Building \(Scotland Act 1959.

1. In section 3 of the Building (Scotland) Act 1959(hereafter in this Act referred to as ‘the principal Act’), for subsection (6) (which provides that the Secretary of State shall, before making building standards regulations under the said section 3, carry out certain procedures) there shall be substituted the following subsection:—

(6) Before making any regulations under this section (except regulations to be made for the purpose only of consolidating other regulations revoked thereby) the Secretary of State shall consult the Building Standards Advisory Committee and such other bodies as appear to him to be representative of the interests concerned.’

S-2 Relaxation of building standards regulations.

2 Relaxation of building standards regulations.

(1) For section 4 of the principal Act (which makes provision for the relaxation of building standards regulations in particular cases) there shall be substituted the following sections:—

S-4 ‘Relaxation of building standards regulations.

4 ‘Relaxation of building standards regulations.

(1) Subject to the provisions of this section, if in relation to any particular building or any class of building it appears to the Secretary of State that it is unreasonable that any provision of the building standards regulations (being a provision which apart from this section applies, or by reason of a proposed change of use will apply, to that building or class of building) should apply to the building or class of building, or should so apply without relaxation, he may—

(a ) in the case of a particular building, on an application made to him in that behalf give a direction dispensing with or relaxing that provision in relation to that building;

(b ) in the case of a class of building, either on an application made to him in that behalf or of his own accord give a direction dispensing with or relaxing that provision generally in relation to that class of building.

(2) If the Secretary of State by regulations so provides as regards any provision of the building standards regulations, the power to dispense with or relax that provision under subsection (1)(a ) above shall be exercisable by buildings authorities instead of by the Secretary of State:

Provided that any regulations made by virtue of this subsection shall except applications made by local authorities and may except applications of any other description.

(3) A direction under this section shall not be given in respect of any provision of the building standards regulations which is described in those regulations as not being subject to a direction under this section.

(4) Subject to subsection (5) below, a direction under this section may be given either unconditionally or subject to such conditions specified in the direction as appear to the Secretary of State or, as the case may be, the buildings authority to be required as a direct result of the dispensation or relaxation, not being conditions by virtue of which the direction is to cease to have effect in whole or in part, or an obligation to carry out any operations is to arise for any person, either—

(a ) on a fixed date, or

(b ) on, or on a date fixed by reference to, the occurrence of any event.

(5) A direction under subsection (1)(b ) above shall have effect for the purpose of warrants under section 6 of this Act granted during such period as may be specified in the direction.

(6) Before giving a direction under subsection (1)(b ) above the Secretary of State shall consult the Building Standards Advisory Committee.

(7) The Secretary of State shall notify all buildings authorities of the giving of a direction under subsection (1)(b ) above and shall at the request of any buildings authority make available to the authority a copy of any such direction without charge.

(8) The Secretary of State may make regulations with respect to the procedure to be followed in connection with applications and directions under this section and with appeals under section 4A of this Act.

(9) Unless the context otherwise requires, references in this or any other enactment (whether passed or made before or after the passing of this Act) to building standards regulations shall, in relation to any building or class of building with respect to which a direction under this section or section 4A(3) of this Act is for the time being in force, be construed as references to the said regulations as, subject to that direction, they apply to that building or class of building.

S-4A

4A Appeal against decision of buildings authority in application for relaxation of building standards regulations.

(1) If a buildings authority—

(a ) refuse an application to dispense with or relax any provision of the building standards regulations which they have power to dispense with or relax, or

(b ) grant such an application subject to conditions,

the applicant may, within such period from the date on which the buildings authority notify him of their decision as may be prescribed by regulations made under section 4(8) of this Act, appeal to the Secretary of State against the refusal or, as the case may be, against any of the said conditions.

(2) If within such period as may be prescribed by regulations made under the said section 4(8), or within such extended period as may at any time be agreed in writing between the applicant and the buildings authority, the buildings authority do not notify the applicant of their decision on the application, subsection (1) above shall apply in relation to the application as if the buildings authority had refused the application and notified the applicant of their decision on the last day of the said period.

(3) On any appeal under this section, the Secretary of State may either—

(a ) confirm the decision of the buildings authority, or

(b ) substitute for that decision such other decision as seems to him proper, and for that purpose give any such direction as he might have given if the buildings authority had not had power to dispense with or relax the provision in question and the application had been made to him under section 4(1)(a ) of this Act.’

(2) Any application duly made to the Secretary of State under section 4 of the principal Act before the date on which this section comes into force, and not disposed of before that date, shall be dealt with in accordance with the provisions of the principal Act as if this Act had not been passed.

(3) Any direction given by the Secretary of State under section 4 of the principal Act either before or, by virtue of subsection (2) above, after the date on which this section comes into force shall have effect as if it had been given under the said section 4 as substituted by subsection (1) above.

S-3 Amendment of s. 6 of Building \(Scotland) Act 1959.

3 Amendment of s. 6 of Building \(Scotland) Act 1959.

3. In section 6 of the principal Act (application of building standards regulations etc.), in subsection (8) (under which it is competent for buildings authorities to refuse warrants in certain circumstances), for paragraph (b ) there shall be substituted the following paragraphs:—

‘(b ) any buildings authority to refuse to grant a warrant (or an amendment of the terms of a warrant) if the application for it has not been duly made in the prescribed manner, or

(c ) any buildings authority to refuse to grant a warrant (or an amendment of the terms of a warrant), where the application relates to an extension to, or alteration of, a building, if they consider—

(i) in the case of a building which at the time of the application conformed to the building standards regulations, that as a direct result of the extension or, as the case may be, the alteration the building as extended or altered will fail to conform to the said regulations, or

(ii) in the case of a building which at the time of the application failed to conform to the building standards regulations, that as a direct result of the extension or, as the case may be, the alteration, the building as extended or altered will fail to conform to the said regulations to a greater degree than that to which it failed to conform at the time of the application.’

S-4 Reference to Secretary of State of applications for warrant under s. 6 of Building \(Scotland) Act 1959.

4 Reference to Secretary of State of applications for warrant under s. 6 of Building \(Scotland) Act 1959.

4. After section 6 of the principal Act there shall be inserted the following sections:—

S-6A

6A ‘Reference to Secretary of State of applications for warrant under s. 6.

(1) The Secretary of State may give directions requiring applications under section 6 of this Act for a warrant for the construction or change of use of a building, or for the amendment of the terms of a warrant for the construction of a building, to be referred to him.

(2) A direction under subsection (1) above—

(a ) may be given either to a particular buildings authority or to buildings authorities generally, and

(b ) may relate either to a particular application or...

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