- Latest available (Revised)
- Original (As enacted)
Building (Scotland) Act 2003
You are here:
- 2003 asp 8
- Part 5
- Evacuation of buildings
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this cross heading contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Building (Scotland) Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this 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.
- Act excluded by S.I. 2009/822 art. 3
Commencement Orders yet to be applied to the Building (Scotland) Act 2003:
Commencement Orders
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
Evacuation of buildingsS
42Evacuation of buildingsS
(1)Where a local authority considers that the occupants of a dangerous building or any adjacent building are endangered by the state of the dangerous building, the authority must require those occupants to remove immediately from the building in question.
(2)A local authority must require the occupants of a dangerous building to remove immediately from the building if—
(a)it intends to demolish the building under subsection (2) or (3) of section 29, or
(b)it intends to carry out other work under either of those subsections and considers that the occupants may be endangered by the carrying out of the work.
(3)A local authority must require the occupants of a dangerous building to remove from the building if the building is to be demolished in pursuance of a dangerous building notice.
(4)A local authority must require the occupants of a building to remove from the building if—
(a)it intends to carry out work under section 25(7)(b), 26(3)(b), 27(7)(b), 28(10)(b) or 30(4)(b), and
(b)the authority considers that the occupants may be endangered by the carrying out of the work.
(5)A requirement under subsection (3) or (4) must be made by notice in writing specifying—
(a)the reason for the requirement, and
(b)the period within which the occupants must remove from the building.
(6)Subsection (7) applies where, following a requirement under this section, a person has removed from a building in compliance with the requirement or has been ejected from the building under schedule 5.
(7)If the local authority considers that—
(a)the ground for making the requirement no longer exists, and
(b)if the person were to resume occupation of the building, there would be no other ground for making a requirement under this section in relation to the person,
the authority must (unless the building has been demolished) give the person notice to that effect.
(8)Schedule 5 makes provision about the evacuation of buildings for the purposes of this section.
43Unlawful occupation of evacuated buildingsS
(1)Any person who—
(a)has removed from a building in compliance with a requirement under section 42, or has been ejected from a building under schedule 5, and
(b)thereafter occupies the building,
is guilty of an offence unless notice under section 42(7) has been given to the person.
(2)A person guilty of an offence under subsection (1) is liable—
(a)on summary conviction to a fine not exceeding the statutory maximum,
(b)on conviction on indictment, to a fine.
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print This Cross Heading only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Legislation is available in different versions:
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.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources