Statutory Instrument 1996 No. 2251 (S.183)

The Building Standards (Scotland) Amendment Regulations 1996

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© Crown Copyright 1996

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1996 No. 2251 (S.183)

BUILDING AND BUILDINGS

The Building Standards (Scotland) Amendment Regulations 1996

The Secretary of State, in exercise of the powers conferred on him by sections 3, 6(1), 24(1)(b) and 29(1) of, and Schedule 4 to, the Building (Scotland) Act 1959^[1] and of all other powers enabling him in that behalf and, as required by section 3(6) of that Act^[2], having consulted the Building Standards Advisory Committee and such other bodies as appear to him to be representative of the interests concerned, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Building Standards (Scotland) Amendment Regulations 1996 and shall come into force on 5th November 1996.

Amendment of Building Standards (Scotland) Regulations 1990
    2.—(1)  The Building Standards (Scotland) Regulations 1990^[3] shall be amended in accordance with the following paragraphs.

    (2)  In paragraph (1) of regulation 2 (interpretation)-
 (a) in the definition of "porch", the words "and having a roof of opaque material" shall be deleted; and
 (b) for the definition of "Technical Standards"^[4] there shall be substituted:-
""Technical Standards" means the Technical Standards for compliance with the Building Standards (Scotland) Regulations 1990 issued by the Scottish Office in October 1990 as amended by the substitute pages issued by the Scottish Office in and dated July 1993^[5], June 1994^[6] and November 1996;" .


    (3)  For paragraph (2) of regulation 25 (sanitary facilities) there shall be substituted:-
"  (2)  This regulation shall apply to all buildings except buildings or any part of a building to which the School Premises (General Requirements and Standards) (Scotland) Regulations 1967 to 1979^[7] apply." .



    (4)  For Schedule 1 there shall be substituted the Schedule set out in Schedule 1 to these Regulations.

    (5)  For Schedule 2 there shall be substituted the Schedule set out in Schedule 2 to these Regulations.

    (6)  In Schedule 5 (rules of measurement)-
 (a) there shall be inserted at the end of paragraph 1(c)-
", and in the case of a dwelling any part of the room where the height is less than 1.5 metres" ;

 (b) paragraph 3(c) shall be deleted;
 (c) after paragraph 3 there shall be inserted-
    "3A.    The height of a storey above the ground or the depth of a storey below the ground shall be taken to be the vertical height or depth as the case may be from the ground to the upper surface of the floor of the storey, and the expressions "a storey at a height" and "a storey at a depth" shall be construed accordingly." ; and

 (d) in paragraph 4, after the word "height" in each place where it occurs there shall be inserted the words "or depth".

Application of the Regulations
    3.    Regulation 2 above shall not have effect in relation to-
 (a) an application for a warrant for the construction or change of use of a building which was made before the date of coming into force of these Regulations, or
 (b) an application for the extension of the period of validity or the amendment of the terms of such a warrant granted at any time in pursuance of an application made as aforesaid.

James Douglas-Hamilton

Minister of State, Scottish Office
St Andrew's House, Edinburgh

22nd August 1996

[1] 1959 c. 24; section 3(2) and (3) was amended by the Health and Safety at Work Etc. Act 1974 (c. 37) ("the 1974 Act"), Schedule 7, paragraph 1(a) and (b) respectively; section 3(4) was amended by the Housing (Scotland) Act 1986 (c. 65), section 19(2); section 3(7) was inserted by the 1974 Act, Schedule 7, paragraph 1(c); section 29(1) contains a definition of "prescribed" relevant to the exercise of the statutory powers under which these Regulations are made. back

[2] Section 3(6) was substituted by the Building (Scotland) Act 1970 (c. 38), section 1. back

[3] S.I. 1990/2179, amended by S.I. 1993/1457 and 1994/1266. back

[4] Substituted by S.I. 1994/1266. back

[5] These amendments to the Technical Standards were given effect to by S.I. 1993/1457. back

[6] These amendments to the Technical Standards were given effect by S.I. 1994/1266. back

[7] S.I. 1967/1199, S.I. 1973/322 and S.I. 1979/1186. back

Explanatory Note