Search Legislation

Building (Scotland) Act 2003

Status:

This is the original version (as it was originally enacted).

23Discharge and variation of continuing requirements imposed by verifiers

This section has no associated Explanatory Notes

(1)A verifier must—

(a)on an application made to it for discharge of a continuing requirement imposed under section 22, discharge the continuing requirement if satisfied that—

(i)the building in relation to which the requirement was imposed complies with building regulations (as they apply at the time of the application), and

(ii)the requirement is no longer necessary for securing that the purposes of the provision of building regulations to which it relates are not frustrated,

(b)on an application made to it for variation of a continuing requirement imposed under that section, make the variation if satisfied that—

(i)the building in relation to which the requirement was imposed complies with building regulations (as they apply at the time of the application), and

(ii)the variation will not result in the purposes of the provision of building regulations to which the requirement relates being frustrated.

(2)References in this Act to continuing requirements imposed under section 22 include such requirements as varied under this section.

(3)Continuing requirements imposed in relation to a building under section 22 cease to have effect if—

(a)a building warrant is granted in respect of the building, or

(b)a completion certificate submitted under section 17(4) in respect of the building is accepted.

(4)Subsection (3) does not affect the power of the verifier to impose further continuing requirements in relation to the building under section 22 on granting the building warrant or, as the case may be, accepting the completion certificate referred to in subsection (3).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources