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2.—(1) Schedule 1 to the 2001 Regulations is amended as follows.
(2) For paragraph 1(2) substitute—
“(2) Subject to sub-paragraph (3), a physical feature, in relation to a building situated in Scotland, satisfies the relevant design standard for the purposes of regulation 3(3) where—
(a)it was provided in or in connection with the building on or after 30th June 1994 and before 1st May 2005 in accordance with the Technical Standards relevant in relation to that feature; or
(b)it was provided in or in connection with the building on or after 1st May 2005 in accordance with the relevant functional standards and guidance in the Technical Handbook.”.
(3) For paragraph 3(1) substitute—
“(1) For the purposes of paragraph 1(2)—
(a)“Technical Standards” means the Technical Standards as 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 Scottish Building Standards Agency Technical Handbook for non-domestic buildings approved by the Scottish Ministers as guidance meeting the requirements of the Building (Scotland) Regulations 2004(2), published by Astron for the Scottish Building Standards Agency on 1st November 2004 (ISBN 0 9546292 3 X).”.
(4) In paragraph 3(2), for “sub-paragraph (1)” substitute “paragraphs 1(2) and 3(1)(a)”.
(5) In paragraph 3(4), after “Technical Standards” insert “or Technical Handbook”.
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