The Equality Act 2010 (Disability) Regulations 2010

Buildings in Scotland

3.—(1) For the purposes of this paragraph and paragraph 1(2)—

(a) “Technical standards” means the Technical Standards defined by regulation 2(1) of the Building Standards (Scotland) Regulations 1990(1) in effect at the time when the physical feature was provided in or in connection with the building;

(b) “Technical Handbook” means the following Technical Handbooks for non-domestic buildings issued by the Scottish Ministers as guidance meeting the requirements of the Building (Scotland) Regulations 2004(2):

(i) the 2004 edition of the document of that title published by Astron (ISBN 09546292 3 X); or

(ii) the 2007 edition of the document of that title published by The Stationery Office (ISBN 9780114973384); or

(iii) the 2010 edition of the document of that title published by The Stationery Office (ISBN 9780114973568).

(2) For the purposes of paragraph 1(2) and sub-paragraph (1)(a), and subject to sub-paragraph (3), a physical feature is deemed to be provided in or in connection with the building on—

(a) the day upon which the works to install or construct the feature was commenced; or

(b) in the case of a physical feature provided as part of a larger building project, the day upon which the works in relation to that project were commenced.

(3) In a case where the physical feature is provided as part of building works in relation to which an application for a warrant for the construction or conversion of the building has been made and granted, the works are deemed to have been commenced on the day upon which the application for the warrant was granted.

(4) Where in relation to the physical feature in question any provision of the Technical Standards or Technical Handbook refers to a standard or specification (in whole or in part), that standard or specification shall be construed as referring to any equivalent standard or specification recognised for use in any EEA state.

(1)

S.I. 1990/2179 (s. 187) (as amended by S.S.I. 1999/173 and S.S.I. 2001/320).

(2)

S.S.I. 2004/406.