Building (Scotland) Act 1959

3Building standards regulations

(1)For the purposes of this Act the Secretary of State 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 Secretary of State 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 and convenience of the persons who will inhabit or frequent such buildings and the safety of the public generally.

(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.

(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.

(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.

(6)Before making any regulations under this section the Secretary of State shall—

(a)consult the Building Standards Advisory Committee as to the contents of the proposed regulations;

(b)publish in such manner as he thinks expedient a draft of the proposed regulations, together with a notice stating that representations as to the draft may be lodged with him in such manner and within such time as may be stated in the notice;

(c)if required by any person who has duly lodged representations with him under the last foregoing paragraph, direct the holding of a public inquiry with respect to any representations so lodged;

(d)consider and representations duly lodged under paragraph (b) of this subsection, and the report of the person holding the inquiry, if any, under paragraph (c) of this subsection ; and

(e)consult the Building Standards Advisory Committee as to any alteration that he may propose to the said draft.