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The Tenements (Scotland) Act 2004 (Gas Services) Order 2018

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2.—(1) In this Order—

“the 2004 Act” means the Tenements (Scotland) Act 2004(1);

“flat” has the meaning it is given in the 2004 Act(2);

“gas” means—

(a)

any substance in a gaseous state which consists wholly or mainly of—

(i)

methane, ethane, propane, butane, hydrogen or carbon monoxide;

(ii)

a mixture of two or more of those gases; or

(iii)

a combustible mixture of one or more of those gases and air; and

(b)

any other substance in a gaseous state which is gaseous at a temperature of 15°C and a pressure of 1013·25 millibars and is specified in an order made under section 48(1) of the Gas Act 1986(3);

“installation” means work an owner is entitled to instruct or carry out under section 19 (installation of service pipes etc.) of the 2004 Act in accordance with this Order;

“notice of the proposals” means notice given under article 5 or revised notice;

“owner” is to be construed in accordance with section 28 (meaning of “owner”, determination of liability etc.) of the 2004 Act, and the owner giving notice under this Order includes the owners of more than one flat where the owners of each of those flats consent to act together;

“relevant contributor” means any owner of a flat in a tenement who is not an owner of the other part of the tenement but is required, by virtue of the management scheme which applies as respects the tenement, to contribute to the cost of maintenance of the other part of the tenement;

“revised notice” means a notice under article 6(2)(b);

“tenement” is to be construed in accordance with section 26 (meaning of “tenement”) of the 2004 Act;

“the other part of the tenement” means any part of a tenement not wholly owned by the owner giving notice under article 5 —

(a)

through which pipes, cables or other equipment would be led; and

(b)

to which such equipment would be fixed,

under this Order; and

“title condition” has the meaning given by section 122(1) (interpretation) of the Title Conditions (Scotland) Act 2003(4).

(2) Section 30 (giving of notice to owners) of the 2004 Act applies to any notice given under this Order as it applies to a notice given under, or in connection with, the 2004 Act.

(1)

2004 asp 11 (“the 2004 Act”).

(2)

“Flat” is defined in section 29(1) of the 2004 Act.

(3)

1986 c.44. There are amendments to section 48 which are not relevant to this Order.

(4)

2003 asp 9. Section 122(1) was relevantly amended by paragraph 43(11) of schedule 5 to the Land Registration etc. (Scotland) Act 2012 (asp 5).

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