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Building (Scotland) Act 2003
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5Compliance with guidance documents
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(1)Failure to comply with a guidance document does not render a person liable to civil or criminal proceedings.
(2)But proof of compliance with such a document may be relied on in any proceedings (whether civil or criminal) as tending to negative liability for an alleged contravention of building regulations.
(3)In any proceedings (whether civil or criminal)—
(a)a document purporting to be a notice issued under section 4(2) or (4) is to be taken to be such a notice unless the contrary is proved,
(b)a document which appears to the court to be the guidance document to which such a notice refers is to be taken to be that guidance document unless the contrary is proved.
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