Statutory Instruments
1997 No. 1872 (S.138)
BUILDING AND BUILDINGS
The Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1997
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 1959(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(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 1990(2).
Construction or change of use of particular buildings
2.—(1) This regulation shall apply to an application made under section 4(1)(a) of the Act(3) 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 Act(4).
Revocation and transitional provision
3.—(1) Subject to paragraph (2), the Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1991(5) 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.
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.
(1)
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.
(2)
S.I. 1990/2179; amended by S.I. 1993/1457, 1994/1266 and 1996/2251.
(3)
Section 4(1) was substituted by the Building (Scotland) Act 1970, section 2(1).
(4)
Section 6 was amended and section 6A inserted by the Building (Scotland) Act 1970, sections 3 and 4 respectively. Both provisions were also amended by the Local Government (Scotland) Act 1973, Schedule 15.
(5)
S.I. 1991/158.
