Building (Scotland) Act 1959

Section 2.

SECOND SCHEDULE General provisions relating to buildings authorities which are not dean of guild courts

1 The quorum at a meeting of a buildings authority shall be two members.

2 The chairman of a buildings authority shall be such one of the members of the authority as may be appointed as chairman by the local authority ; and, if the chairman is absent from any meeting of the buildings authority, the members present shall elect one of their number to preside at the meeting.

3 The chairman or other member presiding shall have a casting vote as well as a deliberative vote.

4 No member of a buildings authority shall sit as such when any matter in which he is personally interested is under consideration.

5 The proceedings of a buildings authority shall not be invalidated by any vacancy among their number or by any defect in the. appointment of any member thereof.

6 A buildings authority may appoint committees consisting wholly of members of the authority, and may delegate to any committee so appointed any of their functions—

(a) under section six of this Act, not being functions delegated by virtue of section seven of this Act to their clerk or to the master of works;

(b) relating to the inspection of buildings ; or

(c) relating to the disposal of incidental questions arising in proceedings on any application to them:

Provided that—

(i) an application shall not be dealt with under a delegation made by virtue of sub-paragraph (a) of this paragraph unless it is shown in the prescribed manner that there is no objection to the granting of the application on the part of the master of works or any other person on whom the application is required by regulations made under section two of this Act to be served, and in any case where it is not so shown the application shall be dealt with as if the said sub-paragraph (a) had not passed ;

(ii) if any person is aggrieved by a refusal of a committee of a buildings authority to grant under a delegation made by virtue of sub-paragraph (a) of this paragraph an application made by him he may require his application to be referred to, and dealt with by, the buildings authority.

7 A chairman of any such committee shall be appointed, and the quorum fixed, by the buildings authority, and at any meeting of the committee the chairman shall preside and have a casting vote as well as a deliberative vote.

8 Subject to the provisions of the next following paragraph, the clerk of the buildings authority shall be the person for the time being holding the office of clerk of the local authority.

9 The clerk of a buildings authority shall not act as agent of any party in relation to any opposed matter before the authority ; and if any partner of the clerk of the buildings authority, or any depute of his or person employed by him (including any depute of his, or person employed by him, in his capacity as clerk of the local authority), so acts in relation to any such matter, the buildings authority shall appoint an independent person to be legal assessor in relation to that matter.

10 The local authority may make rules regulating the dates of meetings of the buildings authority.

11 The local authority shall provide such accommodation, and such furniture, books and other things, as are required for the transaction of the business of the buildings authority, and shall pay any expenses of the authority.

12 References in this Schedule to a buildings authority are references to a buildings authority which is not a dean of guild court.