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Building (Scotland) Act 2003
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2004/404 art. 2 commences (2003 asp 8)
- S.S.I. 2009/150 art. 2 commences (2003 asp 8)
Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2008/42 art. 3 commences (2007 asp 6)
- S.S.I. 2009/122 art. 3 commences (2006 asp 1)
- S.S.I. 2010/221 art. 3 commences (2010 asp 8)
Prospective
DocumentsS
36FormsS
(1)The Scottish Ministers may by regulations make provision as to the form and content of any application, warrant, certificate, notice or document authorised or required to be used under or for the purposes of this Act.
(2)Where any such application, warrant, certificate, notice or document is used, it must be used in the form provided for in such regulations, or a form as close to it as circumstances permit.
37Service of notices etc.S
(1)Where a local authority serves on any person a notice under any of sections 25 to 29, it must—
(a)unless that person is the owner of the building in question, serve a copy of the notice on the owner,
(b)unless that person is the occupier, serve a copy of the notice on the occupier,
and must serve a copy of the notice on any other person appearing to the local authority to have an interest in the building.
(2)Subsections (1) to (4) of section 192 (service of notices etc.) of the Local Government (Scotland) Act 1973 (c. 65) apply to the service of any notice or other document authorised or required by or under this Act to be served by any person, with the substitution (if necessary) for references to the local authority of references to that person.
(3)Any such person may, for the purpose of enabling the service of any such notice or other document, by notice in writing require the occupier of any premises and any person who, directly or indirectly, receives rent in respect of any premises to state in writing—
(a)the nature of the interest in the premises of the person to whom the notice is addressed, and
(b)the name and address of any other person known to that person as having an interest in the premises.
(4)Any person who, having been required by a notice under subsection (3) to give information—
(a)refuses or fails to give that information,
(b)makes in respect of that information any statement which the person knows to be false or misleading in a material particular, or
(c)recklessly makes in respect of that information any statement which is false or misleading in a material particular,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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