Search Legislation

Building (Scotland) Act 2003

Status:

This is the original version (as it was originally enacted).

SCHEDULE 2Verifiers and certifiers

(introduced by section 7)

This schedule has no associated Explanatory Notes

1A verifier or certifier is appointed under section 7(1) for such period, and holds the appointment on such terms, as the appointment may specify.

2An appointment may be made subject to such limitations as the Scottish Ministers may impose, which may be framed by reference to area, description of building, cost of building or building work or any other factor whatsoever.

3Despite paragraph 1, an appointment may be varied or terminated on such grounds as may be specified in procedure regulations.

4A person who is a certifier by virtue of membership of a scheme approved under section 7(2) is entitled to exercise the functions of a certifier subject to—

(a)such limitations as are imposed in relation to the scheme under section 7(3), and

(b)any limitations contained in the scheme.

5When the appointment of a verifier (the “former verifier”) terminates, for whatever reason, the Scottish Ministers must direct another verifier (the “successor verifier”) to deal with—

(a)any application made to the former verifier under section 9 for a building warrant or an amendment to a building warrant, so far as undetermined at the time when the appointment terminated,

(b)any completion certificate submitted to the former verifier and not accepted or rejected under section 18 at the time when the appointment terminated, and

(c)any completion certificate submitted after the time when the appointment terminated and relating to work or a conversion in respect of which a building warrant was granted by the former verifier;

and from the date of the direction references in this Act or subordinate legislation made under it to the verifier are to be read as references to the successor verifier.

6A verifier is not entitled to exercise any functions as such under this Act in relation to any matter in respect of which it has, as an approved certifier of design or an approved certifier of construction, issued a certificate under section 11(1) or, as the case may be, 19(1).

7An approved certifier of design is not entitled to issue a certificate under section 11(1) in relation to any matter in respect of which it has exercised or is exercising any function as a verifier under this Act.

8An approved certifier of construction is not entitled to issue a certificate under section 19(1) in relation to any matter in respect of which it has exercised or is exercising any function as a verifier under this Act.

9A verifier is not entitled to exercise any function as such under this Act in relation to a building in which it has an interest unless the Scottish Ministers authorise it to do so by a direction under this paragraph.

10Such a direction may be given to a particular verifier or to verifiers of a particular description and may be given in respect of all the functions of the verifiers to which it applies or such descriptions of those functions (determined by reference to any criteria whatsoever) as the direction may specify.

11For the purposes of paragraph 9, a verifier has an interest in a building if it is an owner, tenant or occupier of the building or if it has such other interest in or in connection with the building as may be specified in procedure regulations.

12Such regulations may specify different such interests in relation to different verifiers or different descriptions of verifier.

Back to top

Options/Help

Print Options

Close

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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

Close

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
Close

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