Building (Scotland) Act 1959

29 Interpretation. S

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively—

• “building” means any structure or erection of what kind or nature soever, whether temporary or permanent, and every part thereof including any fixture affixed thereto, not being a structure or erection or part thereof consisting of, or ancillary to,—

  (a)

  any road, whether public or private, including in the case of a public road (but not in the case of a private road) any bridge on which the road is carried;

  (b)

  any sewer or water main which is, or is to be, vested in a public authority;

  (c)

  any aerodrome runway;

  (d)

  any railway line;

  (e)

  any large reservoir within the meaning of the M1 Reservoirs (Safety Provisions) Act, 1930; or

  (f)

  any telegraphic line as defined in section two of the M2 Telegraph Act, 1878;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• “building operations regulations” has the meaning assigned to it by section five of this Act;

• “Building Standards Advisory Committee” has the meaning assigned to it by section twelve of this Act;

• “building standards regulations” has the meaning assigned to it by section three [F2 as read with section 4(9)] of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• “certificate of completion” has the meaning assigned to it by section nine of this Act;

• “change of use” in relation to a building means such change in the use or occupation of the building as will bring it within a class of building to which the building standards regulations apply, or, if it is already within such a class, within a class to which additional or more onerous provisions of the building standards regulations apply, and “change the use” shall be construed accordingly;

• “construct” includes alter, erect, extend and fit, and “construction” shall be construed accordingly;

• “contravene” in relation to a provision, includes fail to comply with the provision;

• [F3 “enactment” includes an order, regulation or other instrument having effect by virtue of an Act;]

• “government department” includes a Minister of the Crown;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• “local Act” includes a decreet-arbitral, provisional order or other instrument ratified or confirmed by a Parliament of Scotland or of the United Kingdom;

• [F4 “local authority” means [F5 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• “operations” includes operations carried out in relation to the enclosure and preparation of the site of a building;

• “prescribed” means prescribed by the [F6 Scottish Ministers] by regulations made under this Act;

• [F7 “road” has the same meaning as in section 151(1) of the Roads (Scotland) Act 1984 except that it also includes any drain or ditch at the side of a road;]

• “warrant” (except in subsections (4), (5), (6) and (8) of section eighteen and subsection (2) of section twenty-six of this Act) means a warrant under section six of this Act, including (in the case of a warrant which has been granted) any conditions to which it is subject, and any amendment which has been made to it.

(2) Any reference in this Act to a building shall, unless the context otherwise requires, be construed as including a reference to a prospective building; and, in relation to the extension, alteration or change of use of a building, the expression “building” shall in this Act, unless the context otherwise requires, be construed as a reference only to so much of the building as is comprised in the extension or is the subject of the alteration or change of use, as the case may be.

(3) Any reference in this Act to the owner of any land or buildings shall, unless the context otherwise requires, be construed as including a reference to any person who, under the Lands Clauses Acts, would be enabled to sell and convey the land or buildings to the promoters of an undertaking.

(4) Any reference in this Act to a public road shall be construed as a reference to a road maintainable by the [F6 Scottish Ministers], [F8 or a local [F9 roads] authority]; and any reference to a private road shall be construed as a reference to a road not so maintainable, whether it comprises a public right of way or not.

(5) References in this Act to any enactment shall, unless the context otherwise requires, be construed as references to that enactment as amended, applied or extended by or under any other enactment including this Act.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(8) Any building which extends into the areas of . . . F11 two or more local authorities, shall be treated for the purposes of this Act as being wholly within the area of . . . F11 , such one of those local authorities, as may from time to time be agreed by the authorities concerned, or, in default of agreement, determined by the [F6 Scottish Ministers].

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Definitions repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 18(a), Sch. 29

F2 Words inserted by Building (Scotland) Act 1970 (c. 38), Sch. 1 Pt. I para. 7(a)

F3 Definition added by Building (Scotland) Act 1970 (c. 38), Sch. 1 Pt. I para. 7(b)

F4 Definition substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 18(a)

F5 In s. 29 words in definition substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 52: S.I. 1996/323, art. 4

F6 Words in Act substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 29(2)

F7 Definition substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 51(a)

F8 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 18(b)

F9 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 51(b)

F10 Ss. 1, 2(1)—(3), 6(8)(a)(9)(b), 9(7)(8), 18(2), 21, 27, 29(6)(7)(9), Schs. 1, 2, 8, 9 paras. 2, 3 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F11 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Marginal Citations

M1 1930 c. 51.

M2 1878 c. 78.