The Building (Procedure) (Scotland) Regulations 2004

Determination of Application for Approval of a Scheme

36.—(1) On receipt of an application for approval of a scheme the Scottish Ministers shall proceed forthwith–

(a) to consider the application; and

(b) to determine the application but shall not refuse it on any ground without first giving the applicant notification of the proposed ground of refusal and an opportunity of making written representations and the Scottish Ministers shall in any such case consider any written representations made by or on behalf of the applicant before determining the application.

(2) In considering an application the considerations to which the Scottish Ministers shall have regard shall include–

(a) whether the members of the scheme are representative of the aspects of design and construction in respect of which the scheme is to operate;

(b) the accountability of the governing body of the scheme to its members;

(c) whether the conduct and membership of the scheme is transparent to the members of the scheme and to the general public;

(d) whether members of the scheme promote good practice; and

(e) in relation to the members of the scheme their knowledge, experience and understanding of the role and responsibilities of certifiers,

and the Scottish Ministers may require the applicant to submit to them such information as they consider necessary by way of evidence in relation to these considerations.

(3) In this regulation members of a scheme shall be considered to promote good practice if they can produce evidence satisfactory to the Scottish Ministers as to the following matters–

(a) financial probity;

(b) insurance relevant to certification;

(c) adoption of quality assurance systems and codes of practice with regard to checking design and/or construction work; and

(d) ready access to any British and European Standards or guidance documents relevant to the aspects of design and construction in respect of which the scheme is to operate.

(4) An application shall not be granted unless the scheme can produce evidence to the Scottish Ministers as to insurance in relation to its certification.

(5) The Scottish Ministers shall not refuse an application on the sole grounds that a scheme covering the aspect or aspects of design or construction in respect of which the applicant scheme proposes to operate already has approval.

(6) The Scottish Ministers may if they think fit withdraw an approval granted under this regulation but they shall not do so without first giving the members of the scheme and the scheme provider notification of the proposed withdrawal of approval and an opportunity for making written representations and shall in any such case consider any written representations so made by or on behalf of the members of the scheme or the scheme provider before finally determining whether approval should be withdrawn.