Building (Scotland) Act 1959 (repealed)

Section 31.

NINTH SCHEDULES Minor and Consequential Amendments of Enactments

1In the Turnpike Roads (Scotland) Act, 1831 (as set out in Schedule C to the Roads and Bridges (Scotland) Act, 1878), section eighty-seven shall have effect as if for the proviso to that section there were substituted the following proviso, that is to say—

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6(1)In the Thermal Insulation (Industrial Buildings) Act, 1957, for section two (as set out, in its application to Scotland, in subsection (3) of section twelve of that Act) there shall be substituted the following section—

Where application is made to a buildings authority for a warrant under section six of the Building (Scotland) Act, 1959 for the erection of an industrial building the buildings authority shall not grant the warrant unless they are satisfied that the plans and other information submitted with the application show that the buidling when erected will conform to the prescribed standard.”

(2)For subsection (1) of section three of the said Act of 1957 there shall be substituted the following subsection, that is to say—

“(1)The Minister may by regulations direct that a buildings authority shall for the purposes of this Act refuse to grant a warrant under section six of the Building (Scotland) Act , 1959, for the erection of an industrial building if the plans or other information submitted with the application for the warrant show that conformity, in the case of that building to the prescribed standard will depend (wholly or to a substantial extent) upon the use, in the construction thereof, of materials of a kind specified in the regulations which do not conform to such standard of resistance to the spread of flame as may be specified or described in the regulations, unless the plans or other information also show that the materials will be used in such a way as not to enhance the risk of fire’s breaking out or spreading in the building.”

and subsection (4) of section twelve of that Act shall cease to have effect.

(3)In subsection (3) of section four of the said Act of 1957 (as set out, in its application to Scotland, in subsection (5) of section twelve of that Act) any reference to a dean of guild court shall include a reference to a buildings authority within the meaning of the Building (Scotland) Act, 1959.

(4)For section seven of the said Act of 1957 there shall be substituted the following section, that is to say—

“7(1)The Minister may by regulations exempt from the provisions of sections two to five of this Act buildings or extensions of such classes as may be specified in the regulations.

(2)If it appears to the Minister, on application made to him in relation to any building, or extension of a building, that it is inexpedient that the provisions of sections two to five of this Act should apply to that building or, as the case may be, that extension, he may direct that those provisions shall not apply to that building or as the case may be, that extension.

(3)The provisions of the Fifth Schedule to the Building (Scotland) Act, 1959, shall have effect as respects the procedure to be followed in connection with directions under the last foregoing subsection as they have effect as respects the procedure to be followed in connection with directions under section four of that Act, with the substitution for any reference to the Secretary of State of a reference to the Minister.”

and subsection (7) of section twelve of the said Act of 1957 shall cease to have effect.