The Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1991

• Citation: S.I. 1991/158
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1991 and shall come into force on 1st April 1991.

(2) In these Regulations—

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

“the building standards regulations” means the Building Standards (Scotland) Regulations 1990 ;

“enclosed shopping centre” means a building containing shops having frontages to an arcade, mall or other covered circulation area.

Section 2 Construction or change of use of particular buildings

(1) This regulation shall apply to an application made under section 4(1)(a) of the Act 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.

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—

the building consists of or contains an enclosed shopping centre, or

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 .

Section 3 Revocation and transitional provision

(1) Subject to paragraph (2), the Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1985 are hereby revoked.

(2) Notwithstanding the revocation in paragraph (1), the Building Standards (Relaxation by Local Authorities) (Scotland) Regulation 1985 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 the building is made before 1st April 1991.