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Building (Scotland) Act 2003

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SCHEDULE 6SModification of enactments

(introduced by section 58)

This schedule has no associated Explanatory Notes

1The Building (Scotland) Act 1959 is repealed.

Commencement Information

I1Sch. 6 para. 1 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1) (with art. 4)

2In section 21(3) (definition of “building”) of the Sewerage (Scotland) Act 1968, for “29(1) of the Building (Scotland) Act 1959” substitute “ 55(1) and (2) of the Building (Scotland) Act 2003 (asp 8) ”.

Commencement Information

I2Sch. 6 para. 2 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

3In the Mines and Quarries (Tips) Act 1969, in section 34(3) (application of certain enactments)—

(a)after “authority” in the first place where it occurs insert “ and, in the case of section 37(3) of the Building (Scotland) Act 2003 (asp 8), the reference to “any such person” ”,

(b)in paragraph (a), for the words from “25(2)” to “councils” substitute “ 37(3) and (4) of the Building (Scotland) Act 2003 (power ”.

Commencement Information

I3Sch. 6 para. 3 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

4The Building (Scotland) Act 1970 is repealed.

Commencement Information

I4Sch. 6 para. 4 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

5In the Chronically Sick and Disabled Persons Act 1970, in section 6(2) (provision of sanitary conveniences at certain premises open to the public)—

(a)for the words from “who” in the first place where it occurs to “conform to” substitute “ on whom a building regulations compliance notice has been served under section 25(3) of the Building (Scotland) Act 2003 (asp 8) requiring the owner to secure that the building complies with ”,

(b)the word “standards” is repealed,

(c)for “section 3” substitute “ section 1 ”,

(d)for “order” substitute “ notice ”.

Commencement Information

I5Sch. 6 para. 5 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7(1)The Land Compensation (Scotland) Act 1973 is amended as follows.S

(2)In section 27(1) (right to home loss payment where person displaced from dwelling), in paragraph (e)—

(a)for “section 13” substitute “ section 29 ”,

(b)for “1959” substitute “ 2003 (asp 8) ”.

(3)In section 34(1) (disturbance payments for persons without compensatable interests), in paragraph (e)—

(a)for “section 13” substitute “ section 29 ”,

(b)for “1959” substitute “ 2003 (asp 8) ”.

(4)In section 36(1) (duty to rehouse residential occupiers), in paragraph (d)—

(a)for “section 13” substitute “ section 29 ”,

(b)for “1959” substitute “ 2003 (asp 8) ”.

Commencement Information

I6Sch. 6 para. 7 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

8In the Local Government (Scotland) Act 1973, Part I of Schedule 15 is repealed.

Commencement Information

I7Sch. 6 para. 8 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

9In the Health and Safety at Work etc. Act 1974, section 75 and Schedule 7 are repealed.

Commencement Information

I8Sch. 6 para. 9 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

10In the Control of Pollution Act 1974, in section 61(2) (which requires applications for consent under section 61 to be made at the same time as or after any application for a building control approval)—

(a)for “warrant” in both places where it occurs substitute “ building warrant ”,

(b)for “section 6” substitute “ section 9 ”,

(c)for “1959”—

(i)in the first place where it occurs substitute “ 2003 (asp 8) ”,

(ii)in the second place where it occurs substitute “ 2003 ”.

Commencement Information

I9Sch. 6 para. 10 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

11In the Safety of Sports Grounds Act 1975, in section 17(1) (interpretation), in the definition of “building authority”, in paragraph (b), for “1959” substitute “ 2003 (asp 8) ”.

Commencement Information

I10Sch. 6 para. 11 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

F212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13In the Ancient Monuments and Archaeological Areas Act 1979, in Schedule 4, paragraph 6 is repealed.

Commencement Information

I11Sch. 6 para. 13 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

14(1)The Civic Government (Scotland) Act 1982 is amended as follows.S

(2)In section 87 (local authorities' powers in relation to buildings in need of repair)—

(a)subsection (1) is repealed,

(b)in subsection (5), for “subsection (1) above” substitute “ section 28 of the Building (Scotland) Act 2003 (asp 8) ”.

(3)In section 89 (safety of platforms etc.), in subsection (7), for the words from “the construction” to the end of the subsection substitute “ work for construction or for conversion of a building granted under section 9 of the Building (Scotland) Act 2003 (asp 8) ”.

Commencement Information

I12Sch. 6 para. 14 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

15In the Roads (Scotland) Act 1984, in Schedule 9, paragraph 51 is repealed.

Commencement Information

I13Sch. 6 para. 15 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

16In the Housing (Scotland) Act 1986, section 19 and paragraph 1 of Schedule 2 are repealed.

Commencement Information

I14Sch. 6 para. 16 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

17In the Housing (Scotland) Act 1987, in Schedule 23, paragraph 8 is repealed.

Commencement Information

I15Sch. 6 para. 17 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

18In the Fire Safety and Safety of Places of Sport Act 1987, in section 41 (interpretation of Part III), in the definition of “the building authority”, in paragraph (b), for “1959” substitute “ 2003 (asp 8) ”.

Commencement Information

I16Sch. 6 para. 18 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

19In the Local Government Act 1988, in section 17(5) (which specifies certain matters as non-commercial matters for the purposes of section 17), in paragraph (h), for “1959” substitute “ 2003 (asp 8) ”.

Commencement Information

I17Sch. 6 para. 19 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

20In the Clean Air Act 1993, in section 16(5) (which modifies section 16 (height of certain chimneys) as it applies to Scotland)—

(a)in paragraph (a), for the words from “warrant” to “1959” substitute “ building warrant under section 9 of the Building (Scotland) Act 2003 (asp 8) ”,

(b)in paragraph (b), for “local authority” in the second place where those words occur substitute “ verifier ”,

(c)in paragraph (c), for “warrant under section 6” substitute “ building warrant under section 9 ”.

Commencement Information

I18Sch. 6 para. 20 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

21In the Local Government etc. (Scotland) Act 1994, in Schedule 13, paragraph 52 is repealed.

Commencement Information

I19Sch. 6 para. 21 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

22In the Criminal Procedure (Scotland) Act 1995, in Schedule 9(certificates as to proof of certain routine matters)—

(a)the entry relating to the Building (Scotland) Act 1959 (c. 24) is repealed,

(b)at the end, insert the following entry—

The Building (Scotland) Act 2003 (asp 8)  
Section 8(1) and (2) (prohibition of work for construction or demolition of, or provision of services, fittings or equipment for, building, or conversion of building, without warrant)An officer of a local authority authorised to do so by the authority

In relation to a building specified in the certificate, that on a date so specified, the local authority had not—

(a)

granted a warrant under section 9 for the work or, as the case may be, conversion, or

(b)

received a copy of such a warrant granted by a verifier other than the authority

Section 21(5) (offence of occupying building when no completion certificate has been accepted)An officer of a local authority authorised to do so by the authority

That, on a date specified in the certificate, the local authority had not—

(a)

accepted under section 18(1) a completion certificate in respect of construction or conversion in relation to a building so specified,

(b)

received a copy of such a certificate accepted under section 18(1) by a verifier other than the authority, or

(c)

received a copy of a permission for temporary occupation or use of the building so specified granted under section 21(3)

Section 43(1) (offence of occupying building, following evacuation, without notice from local authority)An officer of a local authority authorised to do so by the authorityThat, on a date specified in the certificate, the local authority had not given a person notice under section 42(7)

Commencement Information

I20Sch. 6 para. 22 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

23In the Planning (Consequential Provisions) (Scotland) Act 1997, in Schedule 2, paragraph 6 is repealed.

Commencement Information

I21Sch. 6 para. 23 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

24In the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999, in Schedule 2, paragraph 29 is revoked.

Commencement Information

I22Sch. 6 para. 24 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

25In section 7(3) of the Local Government in Scotland Act 2003 (section 17(5)(h) of the Local Government Act 1988 not to apply to local authorities), for “1959 (c. 24)” substitute “ 2003 (asp 8) ”.

Commencement Information

I23Sch. 6 para. 25 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

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