11Amendment of the tolerable standardS
(1)Section 86 (definition of house meeting the tolerable standard) of the 1987 Act is amended as follows.
(2)In subsection (1)—
(a)after paragraph (c) insert—
“(ca)has satisfactory thermal insulation;”,
(b)in paragraph (f), after “closet” insert “ or waterless closet ”,
(c)after paragraph (g) insert—
“(ga)in the case of a house having a supply of electricity, complies with the relevant requirements in relation to the electrical installation for the purposes of that supply;
“the electrical installation” is the electrical wiring and associated components and fittings, but excludes equipment and appliances;
“the relevant requirements” are that the electrical installation is adequate and safe to use;”.
(3)After subsection (1), insert—
“(1A)In construing any such reference, regard shall be had to any guidance issued by the Scottish Ministers.
(1B)The Scottish Ministers must issue the guidance in such manner as they consider appropriate for bringing it to the notice of local authorities and other persons with an interest.
(1C)The Scottish Ministers may vary or revoke any such guidance.”.
(4)After subsection (2), insert—
“(2A)An order under subsection (2) is to be made by statutory instrument, and no such order is to be made unless a draft of the order has been laid before and approved by resolution of the Scottish Parliament.”.
Commencement Information
I1S. 11 in force at 1.4.2009 by S.S.I. 2009/122, art. 3