Scottish Statutory Instrument 2004 No. 404 (C.
27)
The Building (Scotland) Act 2003 (Commencement No.
1, Transitional Provisions and Savings) Order 2004
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SCOTTISH STATUTORY INSTRUMENTS
2004 No. 404 (C. 27)
BUILDING AND BUILDINGS
The Building (Scotland) Act 2003 (Commencement
No. 1, Transitional Provisions and Savings) Order
2004
The Scottish
Ministers, in exercise of the powers conferred by sections 54(2) and
59(1) of the Building (Scotland) Act 2003[1]
and of all other powers enabling them in that behalf, hereby make the
following Order:
Citation and
interpretation
1.
- (1) This Order may be cited as the Building (Scotland)
Act 2003 (Commencement No. 1, Transitional Provisions and Savings)
Order 2004.
(2) In this Order-
"the 2003 Act" means the Building (Scotland) Act 2003; and
"the 1959 Act" means the Building (Scotland) Act 1959[2].
Appointed days
2. - (1) All the provisions of the 2003 Act, so
far as not then in force, shall come into force, for all purposes, on
1st May 2005 except sections 6 and
53.
(2) The provisions of the 2003 Act
specified in column 1 of Schedule I to this Order (and the subject
matter of which is described in column 2 of that Schedule) shall come
into force on 22nd September 2004 but, where a particular purpose is
specified in relation to any provision in column 3 of that Schedule,
that provision shall come into force on that day only for that
purpose.
(3) The provisions of the 2003
Act specified in column 1 of Schedule 2 to this Order (and the subject
matter of which is described in column 2 of that Schedule) shall come
into force on 4th November 2004 but, where a particular purpose is
specified in relation to any provision in column 3 of that Schedule,
that provision shall come into force on that day only for that
purpose.
(4) The provisions of the 2003
Act specified in column 1 of Schedule 3 to this Order (and the subject
matter of which is described in column 2 of that Schedule) shall come
into force on 1st January 2005 but, where a particular purpose is
specified in relation to any provision in column 3 of that Schedule,
that provision shall come into force on that day only for that
purpose.
Transitional
provisions
3.
Notwithstanding the commencement of section 31 of the 2003 Act on 1st
January 2005, that section shall, during the period beginning with 1st
January 2005 and ending immediately before 1st May 2005, have effect
as if the references in that section to the functions of the Scottish
Ministers under the 2003 Act were references to the functions of the
Scottish Ministers under Part 2 of the 1959
Act.
Savings
4. - (1) Notwithstanding the repeal of the 1959
Act, that Act and the regulations made under that Act shall continue
to apply, on and after 1st May 2005, as they applied immediately
before that date, in the cases to which paragraphs (2), (3) and (4)
apply.
(2) This paragraph applies
to-
(a) an application for a warrant for work which was made before
1st May 2005; and
(b) an application for the extension of the
period of validity or for the amendment of the terms of such a
warrant (whenever granted),
but the period of validity of any such warrant (including any
extended period approved by a local authority) shall not exceed five
years.
(3) This paragraph applies to
any application, appeal, reference or other procedure which has begun
but has not been determined prior to 1st May
2005.
(4) Subject to paragraph (5),
this paragraph applies to the construction of any small buildings or
garages of 8 to 30 square metres and to the construction of
replacement windows, the contract for which was entered into prior to
1st May 2005.
(5) Paragraph (4) applies
only to a case where the relevant construction is commenced on or
before 1st June 2005, and is completed on or before 2nd September
2005.
MARY MULLIGAN
Authorised to sign by the
Scottish Ministers
St Andrew's House, Edinburgh
21st
September 2004
SCHEDULE 1Article 2(2)
PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 22nd SEPTEMBER
2004
| Column 1 |
Column 2 |
Column 3 |
| Provisions of the Act |
Subject Matter |
Purpose |
| Sections 1 and 2 |
Power to make Building Regulations |
Only for the purpose of enabling regulations to be made to
come into force on 1st May 2005 and for the purpose of bringing
into force Schedule 1 |
| Section 4 |
Guidance documents |
Only for the purpose of enabling guidance documents and
notices to be issued to take effect on 1st May 2005 |
| Section 7(12) |
Verifiers and Certifiers |
Only for the purpose of bringing into force the provisions
of Schedule 2 referred to in column 1 below |
| Section 31(3) |
Building Standards Advisory Committee |
Only for the purpose of enabling regulations to be made to
come into force on 1st January 2005 |
| Section 33 |
Power to make Procedure Regulations |
Only for the purpose of enabling regulations to be made to
come into force not later than 1st May 2005 and for the purpose
of bringing into force Schedule 3 |
| Section 36 |
Forms |
Only for the purpose of enabling regulations to be made to
come into force on 1st May 2005 |
| Section 38 |
Fees and Charges |
Only for the purpose of enabling regulations to be made to
come into force on 1st May 2005 |
| Sections 55 to 56 |
Interpretation |
|
| Schedule 1 |
Building Regulations |
Only for the purpose of enabling regulations to be made to
come into force on 1st May 2005. |
| Schedule 2, paragraphs 3, 11 and 12 |
Verifiers and Certifiers |
Only for the purpose of enabling regulations to be made to
come into force not later than 1st May 2005 |
| Schedule 3 |
Procedure Regulations: particular matters |
Only for the purpose of enabling regulations to be made to
come into force not later than 1st May
2005 |
SCHEDULE 2Article 2(3)
PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 4th November
2004
| Column 1 |
Column 2 |
Column 3 |
| Provisions of the Act |
Subject Matter |
Purpose |
| Section 7(1) to (3) and (10) |
Verifiers and Certifiers |
|
| Section 7(12) |
Verifiers and Certifiers |
Only for the purposes of bringing into force the provisions
of Schedule 2 referred to in column 1 below |
| Schedule 2, paragraphs 1 to 4 |
Verifiers and Certifiers |
|
SCHEDULE 3Article 2(4)
PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1st JANUARY
2005
| Column 1 |
Column 2 |
Column 3 |
| Provisions of the Act |
Subject Matter |
Purpose |
| Section 31 |
Building Standards Advisory Committee |
|
EXPLANATORY NOTE
(This note is
not part of the Order)
This Order appoints 1st May
2005 for the coming into force of all the provisions of the Building
(Scotland) Act 2003 ("the Act") not then in force with the exception
of sections 6 and 53 (article 2(1)).
Article 2(2) provides that
the provisions of the Act specified in column 1 of Schedule 1 shall
come into force on 22nd September 2004 subject to any restriction of
purpose in column 3 of that Schedule.
Article 2(3) provides
that the provisions of the Act specified in column 1 of Schedule 2
shall come into force on 4th November 2004 subject to any restriction
of purpose in column 3 of that Schedule.
Article 2(4) provides
that the provisions of the Act specified in column 1 of Schedule 3
shall come into force on 1st January 2005 subject to any restriction
of purpose in column 3 of that Schedule
Article 3 provides
transitional arrangements for the Building Standards Advisory
Committee.
Article 4 makes various savings in connection with
applications for warrants made before 1st May 2005.
The Act
received Royal Assent on 26th March 2003. Sections 54, 57 and 59 came
into force on Royal Assent.
Notes:
[1] 2003 asp 8.back
[2] 7& 8 Eliz. c.24.back
ISBN 0 11069253 5