Building (Scotland) Act 2003

• (1) Subject to this section, breach of a duty imposed by building regulations, so far as it causes damage, is actionable, except in so far as the regulations otherwise provide.

• (2) Such regulations may provide for a specified defence to be available in an action for breach of such a duty brought by virtue of subsection (1).

• (3) Subsection (1) and any defence provided for in pursuance of subsection (2) do not apply in relation to the breach of such a duty in connection with a building erected before the date on which those subsections come fully into force unless the breach arises in relation to the conversion, alteration, demolition, repair, maintenance or fitting of such a building.

• (4) Nothing in this section affects—

• (a) the extent (if any) to which breach of a duty imposed by building regulations is actionable in a case to which subsection (1) does not apply,

• (b) any right of action which exists apart from this section.

• (5) In this section “damage” includes the death of, or injury to, any person (including any disease and any impairment of a person’s physical or mental condition).

Inquiries

Inquiries

52

• (1) The Scottish Ministers may, for the purpose of any of their functions under this Act, direct the holding of such public inquiries as they think fit.

• (2) Subsections (2) to (8) of section 210 (local inquiries) of the Local Government (Scotland) Act 1973 (c. 65) apply in relation to any such inquiry.

Crown application

Crown application

53

• (1) This Act binds the Crown.

• (2) Subsection (1) does not require subordinate legislation made under this Act to bind the Crown.

• (3) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable; but the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (4) Despite subsection (3), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.

• (5) In the application of this Act to the Crown, “owner”—

• (a) in the case of a building belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners,

• (b) in the case of any other building belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration or, as the case may be, government department having management of the building or the relevant person ,

• (c) in the case of a building belonging to an office-holder in the Scottish Administration or to a government department or held in trust for the purposes of the Scottish Administration or a government department, means that office-holder or government department.

• (5A) In subsection (5), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

• (6) It is for the Scottish Ministers to determine any question which arises as to who is, for the purposes of this Act, the owner of a building falling within paragraphs (a) to (c) of subsection (5); and their decision is final.

Orders and regulations

Orders and regulations

54

• (1) Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument.

• (2) Any such power includes power to make—

• (a) such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

• (b) different provision for different purposes and different areas,

• (c) provision for the delegation of functions.

• (3) An order under section 57 may modify any enactment, instrument or document.

• (4) The fact that a power to make orders or regulations is conferred by this Act does not prejudice the extent of any other such power.

• (5) A statutory instrument containing an order or regulations under this Act (except section 59 and, where subsection (6) applies, section 1(5) or 57) is subject to annulment in pursuance of a resolution of the Parliament.

• (6) No order under section 1(5) or 57 containing provisions which add to, replace or omit any part of the text of an Act is to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Parliament.

Interpretation

Meaning of “building”

55

• (1) In this Act “building” means any structure or erection, whether temporary or permanent, other than a structure or erection to which subsection (2) applies.

• (2) This subsection applies to any structure or erection consisting of, or ancillary to—

• (a) any public road (including any bridge on which the road is carried),

• (b) any private road,

• (c) any sewer or water main which is, or is to be, vested in Scottish Water,

• (d) any aerodrome runway,

• (e) any railway line,

• (f) any controlled reservoir within the meaning of the Reservoirs (Scotland) Act 2011 (asp 9),

• (g) any wires and cables, their supports above ground and other apparatus used for telephonic or telegraphic communication.

• (3) In this Act, unless the context otherwise requires—

• (a) references to a building include references to a prospective building,

• (b) references to a building, structure or erection include references to a part of the building, structure or erection,

• (c) in relation to the extension, alteration or conversion of a building, references to a building are to so much of the building as is comprised in the extension or the subject of the alteration or conversion.

• (4) For the purposes of this Act and any orders and regulations made under it buildings may be classified by reference to size, description, design, purpose, location or any other characteristic whatsoever.

Interpretation

56

• (1) In this Act, unless the context otherwise requires—

• “approved certifier of construction” and “approved certifier of design” are to be construed in accordance with section 7(1) and (2),

• “building” is to be construed in accordance with section 55,

• “building regulations” means regulations under section 1(1); and references to building regulations in relation to a building of a particular description are references to so much of the regulations as apply to a building of that description,

• “building regulations compliance notice” has the meaning given by section 25(3),

• ...

• “building standards register” has the meaning given in section 24(1),

• “building warrant” has the meaning given in section 8(1) and includes, 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,

• “building warrant enforcement notice” has the meaning given by section 27(2),

• “certifier” means an approved certifier of design or an approved certifier of construction,

• “completion certificate” means a certificate submitted to a verifier under section 17(1), (4) or (7) or in pursuance of a building warrant enforcement notice under section 27(2)(a),

• “construct” includes alter, erect and extend, and “construction” and related expressions are to be construed accordingly,

• “continuing requirement enforcement notice” has the meaning given by section 26(2),

• “convert”, in relation to a building, means to make such change in the occupation or use of the building as building regulations may specify, and “conversion” and related expressions are to be construed accordingly,

• “dangerous building” is to be construed in accordance with section 29(1),

• “dangerous building notice” has the meaning given in section 29(6),

• “defective building notice” has the meaning given in section 28(1),

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39); and references to a local authority, in relation to a building, are to the authority in whose area the building is situated,

• “owner”, in relation to land or buildings, includes 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,

• “private road” means a road not maintainable by the Scottish Ministers or a local roads authority (whether or not comprising a public right of way),

• “procedure regulations” means regulations under section 33(1),

• “public road” means a road maintainable by the Scottish Ministers or a local roads authority,

• “road” has the same meaning as in the Roads (Scotland) Act 1984 (c. 54) except that it also includes any drain or ditch at the side of a road,

• “verifier” means a person appointed in pursuance of section 7(1)(a),

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

• (2) A building which is in the area of two or more local authorities is to be treated for the purposes of this Act as being wholly within the area of such one of them as they may agree or, failing agreement, as the Scottish Ministers may determine.

Part 6 — Supplementary

Ancillary provision

57

The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act.

Modification of enactments

58

Schedule 6 makes modifications of enactments in consequence of this Act.

Commencement and short title

59

• (1) The provisions of this Act, except sections 54 and 57 and this section, come into force on such day as the Scottish Ministers may by order appoint.

• (2) This Act may be cited as the Building (Scotland) Act 2003.

SCHEDULE 1

1

This schedule is without prejudice to the generality of section 1(1).

2

Building regulations may be framed to any extent by reference to a document published by or on behalf of the Scottish Ministers or another person, or by reference to the approval or satisfaction of such person as the regulations may specify.

3

Building regulations may make special provision for buildings intended to have a life not exceeding such period as the regulations may specify.

4

Building regulations may exempt such description of—

• (a) buildings,

• (b) work or conversions, or

• (c) services, fittings or equipment,

as the regulations may specify from all or any of the provisions of the regulations.

5

• (1) Building regulations may, for any of the purposes specified in section 1(1)—

• (a) make provision as to any of the matters specified in sub-paragraph (2),

• (b) require things to be provided or done in connection with buildings (as well as regulating the provision or doing of things in connection with buildings),

• (c) specify the manner in which work is to be carried out.

• (2) The matters referred to in sub-paragraph (1) are—

• (a) preparation of sites,

• (b) strength and stability (including the safeguarding of adjacent buildings and services),

• (c) fire precautions (including resistance of structure to the outbreak and spread of fire, the protection of occupants and means of escape in the event of fire and the provision of facilities to assist firefighting),

• (d) resistance to moisture and decay,

• (e) resistance to the transmission of heat,

• (f) resistance to the transmission of sound,

• (g) durability,

• (h) resistance to infestation,

• (i) drainage,

• (j) ventilation (including the provision of open space for it),

• (k) daylighting (including the provision of open space for it),

• (l) heating and artificial lighting,

• (m) services, fittings and equipment (including broadband communication technology and other electronic communications services, fittings and equipment and services, fittings and equipment for the supply or use of gas or electricity),

• (n) measures to ensure that pipes used in connection with the provision of water for domestic purposes are not fitted in a way that may contribute to the concentration of lead in such water exceeding the limit specified in Part 1 of Table B in Schedule 1 to the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364),

• (o) measures affecting the emission of smoke, gases, fumes, grit, dust or other noxious or offensive substances,

• (p) accommodation and ancillary equipment,

• (q) access, including in particular access for disabled persons,

• (r) suitability for use by disabled persons,

• (s) prevention of danger and obstruction,

• (t) security,

• (u) reuse of building materials.

SCHEDULE 2

1

A verifier or certifier is appointed under section 7(1) for such period, and holds the appointment on such terms, as the appointment may specify.

2

An appointment may be made subject to such limitations as the Scottish Ministers may impose, which may be framed by reference to area, description of building, cost of building or building work or any other factor whatsoever.

3

Despite paragraph 1, an appointment may be varied or terminated on such grounds as may be specified in procedure regulations.

4

A person who is a certifier by virtue of membership of a scheme approved under section 7(2) is entitled to exercise the functions of a certifier subject to—

• (a) such limitations as are imposed in relation to the scheme under section 7(3), and

• (b) any limitations contained in the scheme.

5

When the appointment of a verifier (the “former verifier”) terminates, for whatever reason, the Scottish Ministers must direct another verifier (the “successor verifier”) to deal with—

• (a) any application made to the former verifier under section 9 for a building warrant or an amendment to a building warrant, so far as undetermined at the time when the appointment terminated,

• (b) any completion certificate submitted to the former verifier and not accepted or rejected under section 18 at the time when the appointment terminated, and

• (c) any completion certificate submitted after the time when the appointment terminated and relating to work or a conversion in respect of which a building warrant was granted by the former verifier;

and from the date of the direction references in this Act or subordinate legislation made under it to the verifier are to be read as references to the successor verifier.

6

A verifier is not entitled to exercise any functions as such under this Act in relation to any matter in respect of which it has, as an approved certifier of design or an approved certifier of construction, issued a certificate under section 11(1) or, as the case may be, 19(1).

7

An approved certifier of design is not entitled to issue a certificate under section 11(1) in relation to any matter in respect of which it has exercised or is exercising any function as a verifier under this Act.

8

An approved certifier of construction is not entitled to issue a certificate under section 19(1) in relation to any matter in respect of which it has exercised or is exercising any function as a verifier under this Act.

9

A verifier is not entitled to exercise any function as such under this Act in relation to a building in which it has an interest unless the Scottish Ministers authorise it to do so by a direction under this paragraph.

10

Such a direction may be given to a particular verifier or to verifiers of a particular description and may be given in respect of all the functions of the verifiers to which it applies or such descriptions of those functions (determined by reference to any criteria whatsoever) as the direction may specify.

11

For the purposes of paragraph 9, a verifier has an interest in a building if it is an owner, tenant or occupier of the building or if it has such other interest in or in connection with the building as may be specified in procedure regulations.

12

Such regulations may specify different such interests in relation to different verifiers or different descriptions of verifier.

SCHEDULE 3

1

The submission to a verifier along with any application for a building warrant or an amendment to a building warrant of plans, specifications, estimates of costs and other information, and the availability of such documents and information to interested persons.

2

The submission to a verifier along with a completion certificate of documents and information.

3

Consultation by verifiers.

4

The statement by local authorities and verifiers of reasons for their decisions.

5

The maintenance by local authorities and verifiers of records of—

• (a) applications (including the plans, other documents and information specified in paragraph 1), and

• (b) decisions on applications,

and the availability of such records for public inspection.

6

The duration of the validity of building warrants.

7

The notification to local authorities and verifiers of the dates of commencement and completion of work carried out in pursuance of building warrants.

8

The maintenance by certifiers of records of certificates issued by them (including any plans relating to the certificates and such other documents or information in relation to the certificates as the regulations may specify).

SCHEDULE 4

Time and notice of entry

1

• (1) Entry into any premises by virtue of section 39(1) or (3) may be demanded only at a reasonable time.

• (2) The Scottish Ministers or, as the case may be, the local authority must give 3 days' notice of the intended entry to the occupier and, if the owner is known, the owner of the premises.

• (3) Sub-paragraphs (1) and (2) do not apply where the case is one of urgency.

Warrant to exercise power

2

• (1) If a sheriff or justice of the peace is satisfied, by evidence on oath, that—

• (a) there are reasonable grounds for the exercise in relation to any premises of a power conferred by section 39(1) or (3), and

• (b) one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,

the sheriff or justice may by warrant authorise the Scottish Ministers or, as the case may be, the local authority and any person authorised by them or it for the purpose to exercise the power in relation to those premises in accordance with the warrant and, if need be, by force.

• (2) The conditions mentioned in sub-paragraph (1) are—

• (a) that the exercise of the power in relation to the premises has been refused,

• (b) that such a refusal is reasonably apprehended,

• (c) that the premises are unoccupied,

• (d) that the occupier is temporarily absent from the premises,

• (e) that the case is one of urgency,

• (f) that an application for admission to the premises would defeat the object of the proposed entry.

• (3) A sheriff or justice must not issue a warrant under this schedule by virtue only of being satisfied that a condition specified in sub-paragraph (2)(a) or (b) is fulfilled unless the sheriff or justice is also satisfied—

• (a) that notice of the intention to apply for the warrant has been given to the occupier of the premises, or

• (b) that the giving of such notice would defeat the object of the proposed entry.

• (4) A warrant under this schedule continues in force until the purpose for which the warrant was issued has been fulfilled or, if earlier, the expiry of such period as the warrant may specify.

Evidence of authority

3

A person entitled to exercise any power conferred by section 39(1) or (3) must, if required to do so, produce written evidence of that entitlement.

Supplementary powers

4

A person who enters any premises in the exercise of any power conferred by section 39(1) or (3) is entitled, subject in the case of a power exercisable under a warrant to the terms of the warrant, to take on to the premises such other persons and such equipment as may be necessary.

Duty to secure premises

5

A person who enters any premises in the exercise of any power conferred by section 39(1) or (3) must leave the premises as effectually secured against unauthorised entry as that person found them.

Commercially confidential information

6

A person who enters any premises in the exercise of any power conferred by section 39(1) or (3) and who makes use of or discloses any information obtained by that person on those premises with regard to any manufacturing process or trade secret is guilty of an offence.

SCHEDULE 5

1

This schedule applies for the purpose of securing the removal from a building of any occupant who has failed to remove from a building following a requirement under section 42 to do so.

2

The local authority may apply to the sheriff—

• (a) where the requirement was made under subsection (1) or (2) of section 42, at any time,

• (b) where the requirement was made under subsection (3) or (4) of that section, on the expiry of the period specified in the requirement,

for a warrant for the ejection of any occupants who have not removed from the building.

3

Such an application must be accompanied by a certificate signed by the local authority and certifying—

• (a) where removal was required under subsection (1) of section 42, that the occupants of the building (whether the dangerous building or an adjacent building) are endangered by the state of the dangerous building,

• (b) where removal was required under subsection (2)(a) of that section, that the local authority intends to demolish the building,

• (c) where removal was required under subsection (2)(b) of that section, that the local authority intends to carry out work under section 29(2) or (3) and considers that the occupants may be endangered by the carrying out of the work,

• (d) where removal was required under subsection (3) of that section, that the building is to be demolished in pursuance of a dangerous building notice,

• (e) where removal was required under subsection (4) of that section, that the local authority intends to carry out work under a provision specified in paragraph (a) of that subsection and considers that the occupants may be endangered by the carrying out of that work.

4

On such an application, the sheriff may require—

• (a) in a case referred to in paragraph 2(a), the service of notice,

• (b) in a case referred to in paragraph 2(b), the service of additional notice,

on the occupants.

5

Except in a case where removal was required under section 42(4), the sheriff must, within the period of 7 days from the date of the application or, if notice (or, as the case may be, additional notice) was required under paragraph 4, the date of service of that notice, grant warrant of ejection.

6

On an application in a case where removal was required under section 42(4), the sheriff may, if satisfied that it is reasonable to do so, grant warrant of ejection.

7

The decision of the sheriff on the application is final.

8

In proceedings under this schedule a certificate—

• (a) referred to in paragraph 3, or

• (b) signed by the local authority and certifying that any notice required by section 42(5), or any notice or additional notice required under paragraph 4, has been given to all known occupants of the building,

is sufficient evidence of the facts stated in the certificate.

9

If a person removing from a building in compliance with a requirement under section 42 or ejected from a building under this schedule is a tenant of the building the tenancy, if the tenant so chooses, is to be taken not to have terminated, varied or altered by reason of the removal or ejection.

10

But the tenant is not liable for rent in respect of any period for which the tenant is not in lawful occupation of the building (or the part of it which the tenant previously occupied).

11

If the tenant resumes lawful occupation, the same terms and conditions apply (except so far as otherwise agreed) in respect of that occupation as applied in respect of the previous occupation.

12

In paragraphs 10 and 11, “lawful” occupation means occupation which is not an offence under section 43(1).

SCHEDULE 6

Building (Scotland) Act 1959 (c. 24)

1

The Building (Scotland) Act 1959 is repealed.

Sewerage (Scotland) Act 1968 (c. 47)

2

In section 21(3) (definition of “building”) of the Sewerage (Scotland) Act 1968, for “29(1) of the Building (Scotland) Act 1959” substitute “ 55(1) and (2) of the Building (Scotland) Act 2003 (asp 8) ”.

Mines and Quarries (Tips) Act 1969 (c. 10)

3

In the Mines and Quarries (Tips) Act 1969, in section 34(3) (application of certain enactments)—

• (a) after “authority” in the first place where it occurs insert “ and, in the case of section 37(3) of the Building (Scotland) Act 2003 (asp 8), the reference to “any such person” ”,

• (b) in paragraph (a), for the words from “25(2)” to “councils” substitute “ 37(3) and (4) of the Building (Scotland) Act 2003 (power ”.

Building (Scotland) Act 1970 (c. 38)

4

The Building (Scotland) Act 1970 is repealed.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

5

In the Chronically Sick and Disabled Persons Act 1970, in section 6(2) (provision of sanitary conveniences at certain premises open to the public)—

• (a) for the words from “who” in the first place where it occurs to “conform to” substitute “ on whom a building regulations compliance notice has been served under section 25(3) of the Building (Scotland) Act 2003 (asp 8) requiring the owner to secure that the building complies with ”,

• (b) the word “standards” is repealed,

• (c) for “section 3” substitute “ section 1 ”,

• (d) for “order” substitute “ notice ”.

Fire Precautions Act 1971 (c. 40)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land Compensation (Scotland) Act 1973 (c. 56)

7

• (1) The Land Compensation (Scotland) Act 1973 is amended as follows.

• (2) In section 27(1) (right to home loss payment where person displaced from dwelling), in paragraph (e)—

• (a) for “section 13” substitute “ section 29 ”,

• (b) for “1959” substitute “ 2003 (asp 8) ”.

• (3) In section 34(1) (disturbance payments for persons without compensatable interests), in paragraph (e)—

• (a) for “section 13” substitute “ section 29 ”,

• (b) for “1959” substitute “ 2003 (asp 8) ”.

• (4) In section 36(1) (duty to rehouse residential occupiers), in paragraph (d)—

• (a) for “section 13” substitute “ section 29 ”,

• (b) for “1959” substitute “ 2003 (asp 8) ”.

Local Government (Scotland) Act 1973 (c. 65)

8

In the Local Government (Scotland) Act 1973, Part I of Schedule 15 is repealed.

Health and Safety at Work etc. Act 1974 (c. 37)

9

In the Health and Safety at Work etc. Act 1974, section 75 and Schedule 7 are repealed.

Control of Pollution Act 1974 (c. 40)

10

In the Control of Pollution Act 1974, in section 61(2) (which requires applications for consent under section 61 to be made at the same time as or after any application for a building control approval)—

• (a) for “warrant” in both places where it occurs substitute “ building warrant ”,

• (b) for “section 6” substitute “ section 9 ”,

• (c) for “1959”—

• (i) in the first place where it occurs substitute “ 2003 (asp 8) ”,

• (ii) in the second place where it occurs substitute “ 2003 ”.

Safety of Sports Grounds Act 1975 (c. 52)

11

In the Safety of Sports Grounds Act 1975, in section 17(1) (interpretation), in the definition of “building authority”, in paragraph (b), for “1959” substitute “ 2003 (asp 8) ”.

Licensing (Scotland) Act 1976 (c. 66)

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

13

In the Ancient Monuments and Archaeological Areas Act 1979, in Schedule 4, paragraph 6 is repealed.

Civic Government (Scotland) Act 1982 (c. 45)

14

• (1) The Civic Government (Scotland) Act 1982 is amended as follows.

• (2) In section 87 (local authorities' powers in relation to buildings in need of repair)—

• (a) subsection (1) is repealed,

• (b) in subsection (5), for “subsection (1) above” substitute “ section 28 of the Building (Scotland) Act 2003 (asp 8) ”.

• (3) In section 89 (safety of platforms etc.), in subsection (7), for the words from “the construction” to the end of the subsection substitute “ work for construction or for conversion of a building granted under section 9 of the Building (Scotland) Act 2003 (asp 8) ”.

Roads (Scotland) Act 1984 (c. 54)

15

In the Roads (Scotland) Act 1984, in Schedule 9, paragraph 51 is repealed.

Housing (Scotland) Act 1986 (c. 65)

16

In the Housing (Scotland) Act 1986, section 19 and paragraph 1 of Schedule 2 are repealed.

Housing (Scotland) Act 1987 (c. 26)

17

In the Housing (Scotland) Act 1987, in Schedule 23, paragraph 8 is repealed.

Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

18

In the Fire Safety and Safety of Places of Sport Act 1987, in section 41 (interpretation of Part III), in the definition of “the building authority”, in paragraph (b), for “1959” substitute “ 2003 (asp 8) ”.

Local Government Act 1988 (c. 9)

19

In the Local Government Act 1988, in section 17(5) (which specifies certain matters as non-commercial matters for the purposes of section 17), in paragraph (h), for “1959” substitute “ 2003 (asp 8) ”.

Clean Air Act 1993 (c. 11)

20

In the Clean Air Act 1993, in section 16(5) (which modifies section 16 (height of certain chimneys) as it applies to Scotland)—

• (a) in paragraph (a), for the words from “warrant” to “1959” substitute “ building warrant under section 9 of the Building (Scotland) Act 2003 (asp 8) ”,

• (b) in paragraph (b), for “local authority” in the second place where those words occur substitute “ verifier ”,

• (c) in paragraph (c), for “warrant under section 6” substitute “ building warrant under section 9 ”.

Local Government etc.(Scotland) Act 1994 (c. 39)

21

In the Local Government etc. (Scotland) Act 1994, in Schedule 13, paragraph 52 is repealed.

Criminal Procedure (Scotland) Act 1995 (c. 46)

22

In the Criminal Procedure (Scotland) Act 1995, in Schedule 9(certificates as to proof of certain routine matters)—

• (a) the entry relating to the Building (Scotland) Act 1959 (c. 24) is repealed,

• (b) at the end, insert the following entry—

The Building (Scotland) Act 2003 (asp 8)
Section 8(1) and (2) (prohibition of work for construction or demolition of, or provision of services, fittings or equipment for, building, or conversion of building, without warrant)	An officer of a local authority authorised to do so by the authority	In relation to a building specified in the certificate, that on a date so specified, the local authority had not—granted a warrant under section 9 for the work or, as the case may be, conversion, orreceived a copy of such a warrant granted by a verifier other than the authority
Section 21(5) (offence of occupying building when no completion certificate has been accepted)	An officer of a local authority authorised to do so by the authority	That, on a date specified in the certificate, the local authority had not—accepted under section 18(1) a completion certificate in respect of construction or conversion in relation to a building so specified,received a copy of such a certificate accepted under section 18(1) by a verifier other than the authority, orreceived a copy of a permission for temporary occupation or use of the building so specified granted under section 21(3)
Section 43(1) (offence of occupying building, following evacuation, without notice from local authority)	An officer of a local authority authorised to do so by the authority	That, on a date specified in the certificate, the local authority had not given a person notice under section 42(7)

Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)

23

In the Planning (Consequential Provisions) (Scotland) Act 1997, in Schedule 2, paragraph 6 is repealed.

The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I. 1999/1820)

24

In the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999, in Schedule 2, paragraph 29 is revoked.

Local Government in Scotland Act 2003 (asp 1)

25

In section 7(3) of the Local Government in Scotland Act 2003 (section 17(5)(h) of the Local Government Act 1988 not to apply to local authorities), for “1959 (c. 24)” substitute “ 2003 (asp 8) ”.

Continuing requirements

Building warrants

Building regulations compliance

Defective buildings

Building regulations compliance

Defective buildings

Editorial notes

[^key-0adcbac7b66158465ce2b948a1c9fa86]: S. 55 in force at 22.9.2004 by S.S.I. 2004/404, art. 2(2), Sch. 1

[^key-cf181e403718a09a4f6d7ce69cb89a69]: S. 56 in force at 22.9.2004 by S.S.I. 2004/404, art. 2(2), Sch. 1

[^key-5a918109146b067706ae505aee415c6d]: Sch. 2 para. 3 in force at 22.9.2004 for specified purposes and 4.11.2004 in so far as not already in force by S.S.I. 2004/404, art. 2(2)(3), Schs. 1, 2

[^key-02d10f49a0d2a6d8e93a415fb91c564a]: S. 7(1)-(3) (10) in force at 4.11.2004 by S.S.I. 2004/404, art. 2(3), Sch. 2

[^key-ae4b7d2ab9112e1990c1c6273496c5b0]: Sch. 2 para. 1 in force at 4.11.2004 by S.S.I. 2004/404, art. 2(3), Sch. 2

[^key-c1ce2929e90d7e9e3aca77f46780e181]: Sch. 2 para. 2 in force at 4.11.2004 by S.S.I. 2004/404, art. 2(3), Sch. 2

[^key-e4c6afdc8c9b9ffadfc04af47116354d]: Sch. 2 para. 4 in force at 4.11.2004 by S.S.I. 2004/404, art. 2(3), Sch. 2

[^key-44cbdf91198dbe8da77c8891f5943472]: S. 1 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-acc5bfc2d027fee3e44609116892781a]: S. 2 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-c5473eba593cc2837781254c522c5fac]: S. 4 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-082c28431daffc9ae7a6790329c4baff]: S. 33 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-5df6846d86a69964be1226135b4c99b8]: S. 36 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-be8a4707b7fb965374c34d2b99f28bc9]: S. 38 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-5a2b80a548956772d210343e9ebb2287]: Sch. 1 para. 1 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-fca8e226e06a474c78c85cddb2e78e6f]: Sch. 1 para. 2 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-52759b9befb5167a950dbe53f8168b7b]: Sch. 1 para. 3 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-9123d3036f1fff438a2ff6aaa2f0529e]: Sch. 1 para. 4 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-08832c12bbc23882b8ed56415a4e4519]: Sch. 1 para. 5 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-08b54f9af16dea17ceee1cc1b59a44cf]: Sch. 2 para. 11 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-1a3e545fd4913fa4fc5521d0815e4594]: Sch. 2 para. 12 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-a229a5b1d3be952043079cfee8785cf8]: Sch. 3 para. 1 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-74348e30de05a142f941f75f0902dc65]: Sch. 3 para. 2 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-1ff7704046cde4470edd793a90f75a10]: Sch. 3 para. 3 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-8db493745ba5043dba4b4545852364d3]: Sch. 3 para. 4 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-d8f009259e9b55c8bd05fcf900c32b32]: Sch. 3 para. 5 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-601c7b63e13fe989267a380262475524]: Sch. 3 para. 6 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-eb183b85b5d9f36670f57686a108c496]: Sch. 3 para. 7 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-ab05cbf3f5d8fcd127b04145bafeb685]: Sch. 3 para. 8 in force at 22.9.2004 for specified purposes and 1.5.2005 in so far as not already in force by S.S.I. 2004/404, art. 2(1)(2), Sch. 1

[^key-e29f55b5a9b180f0b2b0f465772495f7]: S. 7(12) in force at 22.9.2004 for specified purposes by S.S.I. 2004/404, art. 2(1)-(3), Schs. 1, 2

[^key-13331fa575b3d131819fb988629d1e0d]: S. 3 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-b658eaeec0e191b17eb41288ee0fa114]: S. 5 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-e42938fa99087769cfa609b61182cc6f]: S. 7(4)-(9) (11) in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-db01aa58e0fbe38803fff513a79175ae]: S. 8 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-c2db49a0f1720de0bd84bd7b33fa92fe]: S. 9 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-b13eca7ca2adb953311691cdde54b520]: S. 10 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-d99503b57484f02384919329c65dffc6]: S. 11 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-0fdb0fae6ef4d891fcb0b2e2187981ca]: S. 12 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-b3c3f1ae0df019b2253a960ead1181c5]: S. 13 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-64a9a333b337526590d677b8fff06c25]: S. 14 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-c53f4cb2ea7754ba0e15fb0a357128a5]: S. 15 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-bad380484427f5122d5a5a5826701326]: S. 16 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-f8c91baf51ddb74f194b043c1a961d8a]: S. 17 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-2480b997abe3d8c78fa02c53140d0f88]: S. 18 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-5441b28eacd0050b3146d6dbcd0c048e]: S. 19 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-8c05a7c893d189b9d17b79b0ccd30cef]: S. 20 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-0d6bb1bbc5f49875a95f69e14570afc1]: S. 21 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-a4fa183e0a41705b59c04fb68b7da5a0]: S. 22 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-7ed22ceebbaf1a0f94177f08c2beea41]: S. 23 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-19cd92b0b4db8301e392546cd1870d97]: S. 24 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-e006bace065ed2400cf8f448693feb41]: S. 25 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-eab4854c7d6d33970d77ea65c9f696b9]: S. 26 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-8cd6cfbf991c1da55299e7f86ceebf1b]: S. 27 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-d16a8286200c13fb2bd5bc8305b9ef07]: S. 28 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-ac1f4ae75efbfb7c475d355f6be1486f]: S. 29 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-eb1b455435984c993e9cbec0bee214ca]: S. 30 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-34b0ed8da4626bcf1ab7cbc27f3c0204]: S. 32 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-618f63e7c89373d7501e0e96c23a9747]: S. 34 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-19f75aefcfbdafabd5c7c698cdabd808]: S. 35 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-6045b6e13e52c21c73154993c1ea5653]: S. 37 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-bfdfb2be5d454a891a3b8648d77af56f]: S. 39 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-245c21153c0836bbc5cf0398be92b4d8]: S. 40 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-34e2ca3c3c0929174f7d29bd673243a0]: S. 41 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-ff641e9143a7f736b207d4c23d80cef0]: S. 42 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-b3184d8dda1cab7f223b26156bd381a7]: S. 43 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-2c7469c11d1f0a9b2ccf6b36fe468ae1]: S. 44 in force at 1.5.2005 by S.S.I. 2004/404 , art. 2(1)

[^key-30fab83c95c12940804e953f94689b1c]: S. 45 in force at 1.5.2005 by S.S.I. 2004/404 , art. 2(1)

[^key-b0bad928c087a66b0a573ec2eabd2a57]: S. 46 in force at 1.5.2005 by S.S.I. 2004/404 , art. 2(1)

[^key-03a17ccd3a46967ad73996b11f717d7d]: S. 47 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-34ae2782d25e2b8f3ff35c54e7544cf9]: S. 48 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-0bd68261704796716e0b7e8b04cebcf6]: S. 49 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-56b3be13c40696038bdf6ac9e9311ad8]: S. 50 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-56f8bf463df5b931fa07dd03c805f136]: S. 51 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-c21ec6cd5e8a482b910a9df9ecd8b772]: S. 52 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-50ee4302903acb2f0cb9eecd9b0e62c0]: S. 58 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-62dfd639aba240a84521589e54b93bb7]: Sch. 2 para. 5 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-f282707af649669785447e806d38c3fa]: Sch. 2 para. 6 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-d8bd6c3d9a2e62dcf426cb6303f8b452]: Sch. 2 para. 7 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-0cf72710fc7a51ccd6607e0498940090]: Sch. 2 para. 8 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-504bf4cbc40bee3e97df1ef018b0662c]: Sch. 2 para. 9 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-40190a39b7a91be863985c331f0d4c34]: Sch. 2 para. 10 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-54d0d43aaabc5c469626b402427f87e6]: Sch. 4 para. 1 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-bfbc678ab37d7fb81975f2f4f31a32e2]: Sch. 4 para. 2 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-cdbb18104dc1e7051bec533788f2fd37]: Sch. 4 para. 3 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-497aff485a7175d0c774316a41d62a09]: Sch. 4 para. 4 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-995cfcb351cd1f5d5d5012df773523d8]: Sch. 4 para. 5 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-895c2d6aaf821655aa65b3f7ddf92bbc]: Sch. 4 para. 6 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-0d5da45d6f611cc62fc08b169836a780]: Sch. 5 para. 1 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-d398f375cc8aaeeebb4a8e7f6eea478a]: Sch. 5 para. 2 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-79a326e38ad7aeefd1b638d4d6f379d6]: Sch. 5 para. 3 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-14ee97928d3225ad46f9054258f1bb00]: Sch. 5 para. 4 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-1f2a6dc8370b0463c5fadbe7dabf77d9]: Sch. 5 para. 5 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-27825f56ae0162971d9070a6b69a42d6]: Sch. 5 para. 6 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-877b89f96495d7b582b3df37150a4e42]: Sch. 5 para. 7 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-d195acf32ab4955c60476b7aef8c069b]: Sch. 5 para. 8 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-c2ee2eed1791c33fffbdc91a2d7b0ff8]: Sch. 5 para. 9 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-7037056f381e2da4f651f15d6b4947ef]: Sch. 5 para. 10 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-91d1b5c43f7f306396f5719113b6da44]: Sch. 5 para. 11 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-fecafbe9a252c468091dbe576af145bc]: Sch. 5 para. 12 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-4b618c32697c16d055273563c025210b]: Sch. 6 para. 1 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1) (with art. 4)

[^key-6e1f1b6e5492cea82fa6eadeb8f16adb]: Sch. 6 para. 2 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-b7b685306a66f2063ef6c5ccaab034d0]: Sch. 6 para. 3 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-85b66700d8b2691b68a0d2f17d12cee6]: Sch. 6 para. 4 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-27635bbeb6a51fb201caaa19a28f2300]: Sch. 6 para. 5 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-084e5be116c017c7184c4dd5712e6c86]: Sch. 6 para. 7 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-8762c7d81066dea272d9946d4e416ef6]: Sch. 6 para. 8 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-013f38013d61e63aa2a5dade9bb1d29f]: Sch. 6 para. 9 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-23d246031e32ecfb55d5dc3af1c4dd03]: Sch. 6 para. 10 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-2e365872d785acdc3d37e4972338cc1d]: Sch. 6 para. 11 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-b385fded27286129b4673490a3fc3843]: Sch. 6 para. 13 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-dea1149a6aaa871ab53baada180b2dc3]: Sch. 6 para. 14 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-182d7d239ac5733b5291797105fb8778]: Sch. 6 para. 15 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-11a2d8945fca828c578e626a4ee1d8b7]: Sch. 6 para. 16 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-d2a88857ea348c5f1f55b80f93cbbfaf]: Sch. 6 para. 17 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-e9f4dd39bcf60665c8b5741666e441db]: Sch. 6 para. 18 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-ad35891a63297cf34597f7f7da2f912e]: Sch. 6 para. 19 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-15687affdc900a84e87101e5e128233b]: Sch. 6 para. 20 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-86b4881e50de2a0b130c2aebaebffc1f]: Sch. 6 para. 21 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-75bc7232b24600aa564e17634774ff04]: Sch. 6 para. 22 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-db7d6ca78034122dbdebd74095c1bc01]: Sch. 6 para. 23 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-9e7c34b3703057837f1031e57141ccfc]: Sch. 6 para. 24 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-cacf9d2a101667f8a137af422228ab88]: Sch. 6 para. 25 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)

[^key-e4d41ad001c15936d8be458cbe28b20b]: Sch. 6 para. 6 repealed (1.10.2006) by Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, Sch. 2

[^key-d66c6d8b57ed316f6f3cf730e999a4c5]: Word in s. 24(1)(b) repealed (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 6 para. 21(a) (with s. 193); S.S.I. 2009/122, art. 3

[^key-e9f5f2ebc38c6a9cdbd451cd0cc05692]: S. 24(1)(d) and preceding word inserted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 6 para. 21(b) (with s. 193); S.S.I. 2009/122, art. 3

[^key-3663000d2f7239b61e6223e46ea9713c]: S. 53 in force at 1.5.2009 by S.S.I. 2009/150, art. 2 (with art. 3)

[^key-521723064a8ea520b039b727642d828e]: Sch. 6 para. 12 repealed (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 1(1), Sch. 2 (with art. 3)

[^key-6c3609fe56792b770181baf3f001c6b5]: S. 1(2)(a) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 6(2)(a)(i), 134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-fa4f127c08a93f76cd90f8e8e6cb9e31]: Word in s. 1(2)(b) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 6(2)(a)(ii), 134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-647b596a596ad582018ccd9bce8642bd]: S. 3(5)(a) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 6(2)(b)(i), 134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-2626211f989fe29e7c208abe68bd7a94]: Word in s. 3(5)(b) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 6(2)(b)(ii), 134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-b5952418a804b7e4b6c30671d3ec5fcf]: S. 31 repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 6(2)(c), 134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-66a1141d11618616e44c17daaa38109e]: Words in s. 56(1) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 6(2)(d), 134(7); S.S.I. 2010/221, art. 3(2), Sch.