Building (Scotland) Act 1959 (repealed)

SCHEDULES

F1 F1 FIRST SCHEDULE S

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Textual Amendments

F1 Ss. 1, 2(1)—(3), 6(8)(a)(9)(b), 9(7)(8), 18(2), 21, 27, 29(6)(7)(9), Schs. 1, 2, 8, 9 paras. 2, 3 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F2 F2 SECOND SCHEDULE S

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Textual Amendments

F2 Ss. 1, 2(1)—(3), 6(8)(a)(9)(b), 9(7)(8), 18(2), 21, 27, 29(6)(7)(9), Schs. 1, 2, 8, 9 paras. 2, 3 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Section 2.

THIRD SCHEDULE S Matters which may be provided for by Regulations under . . . F3 subsection (4) of section 2

Textual Amendments

F3 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

1 S The submission along with any application to a [F4 local authority] for a warrant or an amendment of a warrant under section six of this Act of plans, specifications, estimates of costs and other information, and the availability thereof for inspection by interested parties.

Textual Amendments

F4 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 1

2 S The service on such persons as may be specified (including conterminous proprietors) of applications, decisions and notices relating to matters coming before a [F5 local authority.]

Textual Amendments

F5 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 1

3 S The hearing by [F6 local authorities] of applicants and other persons having an interest in applications.

Textual Amendments

F6 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 1

4 S The holding in public of the proceedings of [F7 local authorities.]

Textual Amendments

F7 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 1

5 S The statement by [F8 local authorities], in giving decisions, of reasons for the decisions.

Textual Amendments

F8 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 1

6 S The maintenance by [F9 local authorities] of records of applications and decisions on applications (including applications, and decisions on applications, relating to buildings intended to have a limited life) and the inspection by members of the public of such records; and in this paragraph references to applications include references to such plans, specifications and other information relative thereto as are mentioned in paragraph 1 of this Schedule.

Textual Amendments

F9 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 1

7 S The duration of the validity of warrants under section six of this Act.

8 S The notification to [F10 local authorities] of the dates of commencement and completion of operations carried out in pursuance of warrants.

Textual Amendments

F10 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 1

Section 3.

FOURTH SCHEDULE S Matters in regard to which building standards regulations may be made

Preparation of sites.

Strength and stability.

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).

Resistance to moisture.

Resistance to the transmission of heat.

Resistance to the transmission of sound.

Durability.

Resistance to infestation.

Drainage.

Ventilation (including the provision of open space therefor).

Daylighting (including the provision of open space therefor).

Heating and artificial lighting.

Services, installations and ancillary equipment (including services, installations and ancillary equipment for the supply or use of gas or electricity, and the provision of such arrangements for heating and cooking as are calculated to prevent or control so far as practicable the emission of smoke or noxious gases).

Accommodation and ancillary equipment.

Access.

Prevention of danger and obstruction.

F11 F11 FIFTH SCHEDULE S

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Textual Amendments

F11 Sch. 5 repealed by Building (Scotland) Act 1970 (c. 38), Sch. 2

Sections 10, 11 and 13.

SIXTH SCHEDULE S Recovery of expenses by charging order

1 S Where under sections ten, eleven or thirteen of this Act expenses have been incurred in relation to a building by a local authority . . . F12 the local authority may make in favour of themselves an order (in this Schedule referred to as a “charging order”) providing and declaring that the land comprising the building and its site and any land held in connection therewith (all of which land shall be specified in the order) is thereby charged and burdened with an annuity to pay the amount of the expenses.

Textual Amendments

F12 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

2 S The annuity with which the land may be so charged shall be a sum of six pounds for every one hundred pounds of the amount of the expenses, and so in proportion for any part of one hundred pounds, and shall commence from the date of the order and be payable for a term of thirty years to the local authority.

Modifications etc. (not altering text)

C1 Paras. 2—8 applied by Agriculture Act 1967 (c. 22), Sch. 3 para. 11

3 S A charging order shall become operative only in accordance with subsection (4) of section sixteen of this Act.

Modifications etc. (not altering text)

C2 Paras. 2—8 applied by Agriculture Act 1967 (c. 22), Sch. 3 para. 11

4 S A charging order, on or after its becoming operative, shall be recorded in the appropriate register of sasines, and on its being so recorded the annuity specified in it shall be a charge on the land so specified and shall have priority over—

(a) all future burdens and incumbrances on the same land, and

(b) all existing burdens and incumbrances thereon except—

(i) feuduties, teinds, ground annuals, stipends and standard charges in lieu of stipends;

(ii) any charge created or arising under any provision of the M1 Public Health (Scotland) Act, 1897, or any Act amending that Act, the Housing (Scotland) Act [F13 1987,] or any local enactment authorising a charge for recovery of expenses incurred by a local authority, or under this Schedule; and

(iii) any charge created under any Act authorising advances of public money.

Textual Amendments

F13 Figure substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 8

Modifications etc. (not altering text)

C3 Paras. 2—8 applied by Agriculture Act 1967 (c. 22), Sch. 3 para. 11

Marginal Citations

M1 1897 c. 38.

5 S A charging order duly recorded in the appropriate register of sasines shall be conclusive evidence that the charge specified therein has been duly created in respect of the land specified in the order.

Modifications etc. (not altering text)

C4 Paras. 2—8 applied by Agriculture Act 1967 (c. 22), Sch. 3 para. 11

6 S Every annuity charged by a charging order may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were feuduty.

Modifications etc. (not altering text)

C5 Paras. 2—8 applied by Agriculture Act 1967 (c. 22), Sch. 3 para. 11

7 S A charging order and all sums payable thereunder may be from time to time transferred in like manner as a bond and disposition in security and sums payable thereunder.

Modifications etc. (not altering text)

C6 Paras. 2—8 applied by Agriculture Act 1967 (c. 22), Sch. 3 para. 11

8 S Any owner of or other person having an interest in land on which an annuity has been charged by a charging order shall at any time be at liberty to redeem the annuity on payment to the local authority or other person entitled thereto of such sum as may be agreed upon, or, in default of agreement, determined by the [F14 Scottish Ministers].

Textual Amendments

F14 Words in Act substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 29(2)

Modifications etc. (not altering text)

C7 Paras. 2—8 applied by Agriculture Act 1967 (c. 22), Sch. 3 para. 11

Section 13.

SEVENTH SCHEDULE S Evacuation of dangerous buildings

1 S For the purpose of securing the removal of any occupants from a building in the circumstances referred to in subsection (6) of section thirteen of this Act, the [F15 local authority] shall give written notice to the occupants requiring them to remove from the building within such period as may be specified in the notice.

Textual Amendments

F15 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

2 S On the expiry of the period so specified the [F16 local authority] may make a summary application to the sheriff for a warrant for the ejection of any such occupants who have not removed from the building or any part thereof, and the sheriff, after the service of such additional notice (if any) as he may require and on production of a certificate under the hand of the [F17 the proper officer of the authority (within the meaning of section 235(3) of the M2 Local Government (Scotland) Act 1973)] bearing that the building is a source of immediate danger, or that an order has been made under section thirteen of this Act requiring the building to be demolished, shall grant warrant for ejection within such period, not being more than seven days from the date of presentation of the said application or, in the case where the sheriff has required additional notice, seven days from the date of service of that additional notice.

Textual Amendments

F16 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 23(b)

F17 Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 23(a)

Marginal Citations

M2 1973 c. 65.

3 S In all proceedings under this Schedule the production of a certificate under the hand of the [F18 the proper officer of the authority (within the meaning of section 235(3) of the Local Government (Scotland) Act 1973)] bearing that the building in question is in such a state as aforesaid, or that such an order as is mentioned in the last foregoing paragraph has been made in respect of the building, or that notice as aforesaid has been given by him to all known occupants of the building, shall be sufficient evidence of the facts stated in the certificate.

Textual Amendments

F18 Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 23(a)

4 S The decision of the sheriff on any application by a [F19 local authority] under this Schedule shall be final and not subject to review.

Textual Amendments

F19 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 23(b)

5 S Where any person removed or ejected from a building under this Schedule is the tenant of the building, his tenancy shall, if he so elects and notwithstanding the removal or ejection, be deemed not to have terminated, varied or altered by reason of his removal or ejection (except that rent shall not be payable by or exigible from him so long as he is not in occupation of the building or such part thereof as was previously occupied by him) and, on the building being rendered secure and the occupant resuming his occupation, the same terms and conditions shall in all respects, except in so far as otherwise agreed, apply in respect of such occupation as were applicable with respect thereto before the removal or ejection of the occupant.

F20 F20 EIGHTH SCHEDULE S

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Textual Amendments

F20 Ss. 1, 2(1)—(3), 6(8)(a)(9)(b), 9(7)(8), 18(2), 21, 27, 29(6)(7)(9), Schs. 1, 2, 8, 9 paras. 2, 3 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Section 31.

F21 NINTH SCHEDULE S Minor and Consequential Amendments of Enactments

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Textual Amendments

F21 Sch. 9 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.X.

F26 F26 TENTH SCHEDULE S

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Textual Amendments

F26 S. 31(2), Sch. 10 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI