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Building (Scotland) Act 1959 (repealed)
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Changes over time for: Section 4B
Version Superseded: 01/07/1999
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- 01/02/1991- Amendment
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- 01/05/2005- Amendment
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[F14B Class warrants.S
(1)The following provisions of this section shall have effect with a view to enabling the Secretary of State, on an application being made to him under this section, to issue a certificate (to be known as a “class warrant”) that a particular design (including specification of materials) of building conforms, either generally or in any class of case, to particular provisions of the building standards regulations.
(2)A person intending to apply for a class warrant under this section shall send a copy of the prospective application in the prescribed manner to a body designated by the Secretary of State which, if it is satisfied that the design in respect of which the warrant is sought conforms to the building standards regulations, shall recommend that the class warrant be issued.
(3)An application to the Secretary of State for a class warrant under this section shall be made in the prescribed manner and shall be accompanied by a relevant recommendation made under subsection (2) above.
(4)The Secretary of State may, where a recommendation under subsection (2) above is made in respect of a design of building, issue a class warrant in respect of that design; and a class warrant so issued shall be accepted by a local authority as conclusive of the matters stated therein.
(5)A body designated under subsection (2) above may charge such a fee for considering a design in respect of which a copy application has been sent to it under that subsection as may be agreed between the applicant and the body.
(6)A class warrant shall, if it so provides, cease to have effect at the end of such period as may be specified in it.
(7)The Secretary of State may at any time vary or revoke a class warrant; but before doing so he shall give the person on whose application it was issued reasonable notice that he proposes so to do.
(8)Where the Secretary of State varies or revokes a class warrant he shall publish notice of that fact in such manner as he thinks fit.
(9)There may be prescribed—
(a)the type, part or parts of building to which the provisions of this section shall apply;
(b)the terms and conditions on which a class warrant may be issued;
(c)procedures incidental to any provisions of this section;
(d)the fee, if any, to be charged for issuing a class warrant;
(e)any variations in the design of building which will be permitted.
(10)Where a fee is chargeable by virtue of subsection (9)(d) above, the regulations under which it is chargeable may make different provision (which, without prejudice to the generality of this subsection, may include provision for remission of the fee in whole or in part) for—
(a)different cases or classes of case; or
(b)different circumstances or classes of circumstances,
(difference being determined by reference to any factor or factors whatsoever).]
Textual Amendments
F1S. 4B substituted by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 19(3)
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