- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
24.—(1) Regulation 23 shall apply to the common areas of private dwellings as if they were relevant premises, with the modifications specified in paragraphs (2) and (3).
(2) The duty imposed by paragraph (1) shall apply to–
(a)a person who has control to any extent of the common areas of private dwellings, to that extent; and
(b)if a person falls within sub-paragraph (a) other than by virtue of–
(i)having control to any extent of the common areas of private dwellings in connection with the carrying on by the person (whether for profit or not) of an undertaking; or
(ii)owning the common areas of private dwellings,
the person or persons who own the common areas of private dwellings shall also comply with the duty.
(3) For the purposes of this regulation the following modifications are made:–
(a)the references to “relevant premises” in–
(i)section 61(9)(zb)(1), (b)(2) and (c) (enforcing authorities);
(ii)section 62 (powers of enforcement officers);
(iii)section 64 (enforcement notices);
(iv)section 77 (Crown application)(3); and
(v)section 77A (application to visiting forces etc.)(4),
shall be taken to include the common areas of private dwellings;
(b)any references to “Chapter 1 duties” in–
(i)section 60(1) and (3) (special case: temporary suspension of Chapter 1 duties);
(ii)section 61(1) and (9)(b) (enforcing authorities);
(iii)section 62(2)(c), (4)(a), (6) and (7) (powers of enforcement officers);
(iv)section 64(1), (2)(a), (3)(b) and (10) (enforcement notices); and
(v)section 67(1)(a) (determination of disputes),
shall be taken to include the application in paragraph (1) of the safeguarding provision to the common areas of private dwellings; and
(c)for the purposes of section 72(3)(a), this regulation is deemed to be one to which a person is subject by virtue of regulations made under section 58.
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.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: