The Building (Procedure) (Scotland) Amendment Regulations 2009

Amendment of Regulations

2.—(1) The Building (Procedure) (Scotland) Regulations 2004(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2 (interpretation) for the definition of “fire authority” substitute–

• ““fire authority” means–

  (a)

  an enforcing authority within the meaning of section 61(9) of the Fire (Scotland) Act 2005(2);

  (b)

  a fire and rescue authority as defined in section 1 of that Act; or

  (c)

  a joint fire and rescue board constituted by an amalgamation scheme made under section 2(1) of that Act;”.

(3) In regulation 58 (inspection of records and applications)–

(a) in paragraph (3) omit “for inspection in terms of paragraph (1) or”;

(b) in paragraph (4)–

(i) for “where disclosure or” substitute, “, a prison, a building where a person may be legally detained or otherwise legally held in custody, the Scottish Parliament or a building belonging to Her Majesty in right of Her private estates where”; and

(ii) for “that disclosure or copying” substitute “that copying”;

(c) in paragraph (5) after “applies” insert “where paragraph (4) does not apply and”; and

(d) after paragraph (5) insert–

“(6) A local authority may remove a document from the building standards register if the disclosure or copying of that document would raise security concerns.”.

(1)

S.S.I. 2004/428 as amended by S.S.I. 2005/344 and S.S.I. 2007/167.

(2)

2005 asp 5. Section 61(9) was amended by S.I. 2005/2060 and S.I. 2007/320.