Building (Scotland) Act 1959 (repealed)

3 Building standards regulations.S

(1)For the purposes of this Act the [F1Scottish Ministers] may (subject to the subsequent provisions of this Act) by regulations prescribe standards (expressed in terms of performance, types of material, methods of construction or otherwise) in relation to any or all of the matters specified in the Fourth Schedule to this Act, and such other matters relating to buildings as appear to him after consultation with the Building Standards Advisory Committee to be relevant to the said purposes.

Regulations made under this subsection are in this Act referred to as “building standards regulations”, and references to the building standards regulations in relation to a building of any particular class are references to so much of the regulations as apply to a building of that class.

(2)The standards prescribed under the foregoing subsection shall be such as in the opinion of the [F1Scottish Ministers] can reasonably be expected to be attained in buildings of the classes to which they relate, having regard to the need for securing the health, safety [F2welfare] and convenience of the persons who will inhabit or frequent such buildings and the safety of the public generally [F3and for furthering the conservation of fuel and power.]

(3)Without prejudice to the generality of the foregoing provisions of this section building standards regulations may—

(a)prescribe different standards for buildings of different classes;

(b)make special provision for buildings intended to have a life not exceeding such period, being a period of ten years or less, as may be specified in the regulations;

(c)provide for buildings constructed with materials of such types or by such methods of construction as may be specified in the regulations to be deemed to satisfy such standards as may be so specified in relation to those types of material, or, as the case may be, those methods of construction.

[F4(d)be framed to any extent by reference to a document published by or on behalf of the [F1Scottish Ministers] or any other person.]

(4)Building standards regulations shall not apply to—

(a)buildings belonging to, or in the occupation of, the United Kingdom Atomic Energy Authority, being buildings other than dwelling houses or offices; or

(b)buildings of such other classes as may be specified in the regulations as exempted classes [F5, to such extent as may be specified in the regulations].

(5)For the purposes of this Act and any regulations made thereunder buildings may be classified by reference to size, description, design, purpose, location or any other characteristic whatsoever.

[F6(6)Before making regulations under this section (except regulations to be made for the purpose only of consolidating other regulations revoked thereby) the [F1Scottish Ministers] shall consult the Building Standards Advisory Committee and such other bodies as appear to him to be representative of the interests concerned.]

[F7(7)The [F1Scottish Ministers] may by order made by statutory instrument repeal or modify any enactment to which this subsection applies if it appears to him that the enactment is inconsistent with, or is unnecessary or requires alteration in consequence of, any provision contained in the building standards regulations.

This subsection applies to any enactment contained in any Act passed before or in the same Session as the M1Health and Safety at Work etc. Act 1974 other than an enactment contained in the Building (Scotland) Act 1959.]