Office of Public Sector Information
(introduced by section 33)
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).
(introduced by section 39)
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.
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.
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.
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.
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.
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.
(introduced by section 42)
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).
Building (Scotland) Act 2003