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The Building (Scotland) Act 2003 (Commencement No. 1, Transitional Provisions and Savings) Order 2004

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Scottish Statutory Instruments

2004 No. 404 (C. 27)

BUILDING AND BUILDINGS

The Building (Scotland) Act 2003 (Commencement No. 1, Transitional Provisions and Savings) Order 2004

Made

21st September 2004

The Scottish Ministers, in exercise of the powers conferred by sections 54(2) and 59(1) of the Building (Scotland) Act 2003(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation

1.  (1)  This Order may be cited as the Building (Scotland) Act 2003 (Commencement No. 1, Transitional Provisions and Savings) Order 2004.

(2) In this Order–

“the 2003 Act” means the Building (Scotland) Act 2003; and

“the 1959 Act” means the Building (Scotland) Act 1959(2).

Appointed days

2.  (1)  All the provisions of the 2003 Act, so far as not then in force, shall come into force, for all purposes, on 1st May 2005 except sections 6 and 53.

(2) The provisions of the 2003 Act specified in column 1 of Schedule I to this Order (and the subject matter of which is described in column 2 of that Schedule) shall come into force on 22nd September 2004 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.

(3) The provisions of the 2003 Act specified in column 1 of Schedule 2 to this Order (and the subject matter of which is described in column 2 of that Schedule) shall come into force on 4th November 2004 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.

(4) The provisions of the 2003 Act specified in column 1 of Schedule 3 to this Order (and the subject matter of which is described in column 2 of that Schedule) shall come into force on 1st January 2005 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.

Transitional provisions

3.  Notwithstanding the commencement of section 31 of the 2003 Act on 1st January 2005, that section shall, during the period beginning with 1st January 2005 and ending immediately before 1st May 2005, have effect as if the references in that section to the functions of the Scottish Ministers under the 2003 Act were references to the functions of the Scottish Ministers under Part 2 of the 1959 Act.

Savings

4.  (1)  Notwithstanding the repeal of the 1959 Act, that Act and the regulations made under that Act shall continue to apply, on and after 1st May 2005, as they applied immediately before that date, in the cases to which paragraphs (2), (3) and (4) apply.

(2) This paragraph applies to–

(a)an application for a warrant for work which was made before 1st May 2005; and

(b)an application for the extension of the period of validity or for the amendment of the terms of such a warrant (whenever granted),

but the period of validity of any such warrant (including any extended period approved by a local authority) shall not exceed five years.

(3) This paragraph applies to any application, appeal, reference or other procedure which has begun but has not been determined prior to 1st May 2005.

(4) Subject to paragraph (5), this paragraph applies to the construction of any small buildings or garages of 8 to 30 square metres and to the construction of replacement windows, the contract for which was entered into prior to 1st May 2005.

(5) Paragraph (4) applies only to a case where the relevant construction is commenced on or before 1st June 2005, and is completed on or before 2nd September 2005.

MARY MULLIGAN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

21st September 2004

Article 2(2)

SCHEDULE 1PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 22nd SEPTEMBER 2004

Column 1Column 2Column 3
Provisions of the ActSubject MatterPurpose
Sections 1 and 2Power to make Building RegulationsOnly for the purpose of enabling regulations to be made to come into force on 1st May 2005 and for the purpose of bringing into force Schedule 1
Section 4Guidance documentsOnly for the purpose of enabling guidance documents and notices to be issued to take effect on 1st May 2005
Section 7(12)Verifiers and CertifiersOnly for the purpose of bringing into force the provisions of Schedule 2 referred to in column 1 below
Section 31(3)Building Standards Advisory CommitteeOnly for the purpose of enabling regulations to be made to come into force on 1st January 2005
Section 33Power to make Procedure RegulationsOnly for the purpose of enabling regulations to be made to come into force not later than 1st May 2005 and for the purpose of bringing into force Schedule 3
Section 36FormsOnly for the purpose of enabling regulations to be made to come into force on 1st May 2005
Section 38Fees and ChargesOnly for the purpose of enabling regulations to be made to come into force on 1st May 2005
Sections 55 to 56Interpretation
Schedule 1Building RegulationsOnly for the purpose of enabling regulations to be made to come into force on 1st May 2005.
Schedule 2, paragraphs 3, 11 and 12Verifiers and CertifiersOnly for the purpose of enabling regulations to be made to come into force not later than 1st May 2005
Schedule 3Procedure Regulations: particular mattersOnly for the purpose of enabling regulations to be made to come into force not later than 1st May 2005

Article 2(3)

SCHEDULE 2PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 4th November 2004

Column 1Column 2Column 3
Provisions of the ActSubject MatterPurpose
Section 7(1) to (3) and (10)Verifiers and Certifiers
Section 7(12)Verifiers and CertifiersOnly for the purposes of bringing into force the provisions of Schedule 2 referred to in column 1 below
Schedule 2, paragraphs 1 to 4Verifiers and Certifiers

Article 2(4)

SCHEDULE 3PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1st JANUARY 2005

Column 1Column 2Column 3
Provisions of the ActSubject MatterPurpose
Section 31Building Standards Advisory Committee

Explanatory Note

(This note is not part of the Order)

This Order appoints 1st May 2005 for the coming into force of all the provisions of the Building (Scotland) Act 2003 (“the Act”) not then in force with the exception of sections 6 and 53 (article 2(1)).

Article 2(2) provides that the provisions of the Act specified in column 1 of Schedule 1 shall come into force on 22nd September 2004 subject to any restriction of purpose in column 3 of that Schedule.

Article 2(3) provides that the provisions of the Act specified in column 1 of Schedule 2 shall come into force on 4th November 2004 subject to any restriction of purpose in column 3 of that Schedule.

Article 2(4) provides that the provisions of the Act specified in column 1 of Schedule 3 shall come into force on 1st January 2005 subject to any restriction of purpose in column 3 of that Schedule

Article 3 provides transitional arrangements for the Building Standards Advisory Committee.

Article 4 makes various savings in connection with applications for warrants made before 1st May 2005.

The Act received Royal Assent on 26th March 2003. Sections 54, 57 and 59 came into force on Royal Assent.

(2)

7& 8 Eliz. c.24.

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