Building (Scotland) Act 1959 (repealed)

[F1 6A Reference to Secretary of State of applications for warrant under s. 6. S

(1) The Secretary of State may give directions requiring applications under section 6 of this Act for a warrant for the construction or change of use of a building, or for the amendment of the terms of a warrant for the construction of a building, to be referred to him.

(2) A direction under subsection (1) above—

(a) may be given either to a particular [F2 local authority] or to [F2 local authorities] generally, and

(b) may relate either to a particular application or to applications of a class specified in the direction.

(3) Any application to which a direction under subsection (1) above relates shall be referred to the Secretary of State accordingly:

Provided that, if any such application has not been duly made in the prescribed manner, the [F2 local authority] may refuse the application without referring it to the Secretary of State, and for the purposes of section 6(8)(b) of this Act any application referred to the Secretary of State under this subsection shall be deemed to have been duly made in the prescribed manner.

(4) Where an application is referred to the Secretary of State under subsection (3) above he shall give notice to the [F2 local authority] either—

(a) that he does not propose to deal with the application, in which case it shall be considered and decided by the [F2 local authority] in accordance with the provisions of section 6 of this Act; or

(b) that he proposes to consider and determine, in relation to the application, such of the questions mentioned in subsection (5) below as he may specify in the notice, in which case the application shall, subject to subsection (6) below, be considered and decided by the [F2 local authority] as aforesaid; or

(c) that he proposes to consider the question whether, having regard to the need to secure the health or safety of the persons who will inhabit or frequent the building to which the application relates or the safety of the public generally, it is reasonable to impose in relation to that building requirements additional to or more onerous than those contained in the building standards regulations, in which case the application shall, subject to subsection (7) below, be considered and decided by the [F2 local authority] as aforesaid; or

(d) to the effect mentioned in paragraph (b) above and also to the effect mentioned in paragraph (c) above, in which case the application shall, subject to subsections (6) and (7) below, be considered and decided by the [F2 local authority] as aforesaid.

(5) The questions referred to in subsection (4) above are—

(a) in the case of an application for a warrant for the construction of a building or for the amendment of the terms of such a warrant, the question whether anything in any plans, specifications or other information submitted with the application shows that the building when constructed will fail to conform to the building standards regulations or to such part of those regulations as the Secretary of State may specify in the notice given by him under subsection (4) above in relation to that application;

(b) where such an application as is mentioned in paragraph (a) above relates to an extension to, or alteration of, a building, the following additional questions, namely—

(i) whether at the time of the application the building conformed to the building standards regulations or to such part of those regulations as the Secretary of State may specify as aforesaid;

(ii) if the building so conformed, whether as a direct result of the extension or, as the case may be, the alteration the building as extended or altered will fail to conform to the building standards regulations or, as the case may be, to the part thereof so specified;

(iii) if the building failed to conform as mentioned in sub-paragraph (i) above, whether as a direct result of the extension or, as the case may be, the alteration the building as extended or altered will fail to conform to the building standards regulations or, as the case may be, to the part thereof so specified to a greater degree than that to which it failed to conform at the time of the application;

(c) in the case of an application for a warrant for the change of use of a building, the question whether after the change of use the building will conform to so much of the building standards regulations, or to so much of such part of those regulations as the Secretary of State may specify as aforesaid, as will become applicable, or as will apply more onerously, to the building by reason of the change of use.

(6) Where in pursuance of paragraph (b) or paragraph (d) of subsection (4) above, the Secretary of State gives to a [F2 local authority] a notice to the effect mentioned in the said paragraph (b), he shall consider and determine, in relation to the application to which the notice relates, the questions specified in the notice and shall intimate his determination to the [F2 local authority], and in considering the application the [F2 local authority] shall treat that determination as conclusive of the said questions and shall decide the application accordingly under section 6 of this Act:

Provided that, for the purposes of such a decision, subsection (8) of the said section 6 shall have effect as if it imposed a duty on the [F2 local authority] to refuse to grant a warrant in the circumstances mentioned in paragraph (c) of that subsection.

(7) Where in pursuance of paragraph (c) or paragraph (d) of subsection (4) above, the Secretary of State gives to a [F2 local authority] a notice to the effect mentioned in the said paragraph (c), he shall consider the question mentioned in the said paragraph (c), and if after consulting the Building Standards Advisory Committee and such other persons as may be specified in regulations made under section 6B(3) of this Act he considers that it is reasonable to impose in relation to the building to which the application relates requirements additional to or more onerous than those contained in the building standards regulations, he shall give a direction that, if the warrant applied for is granted, that warrant shall be subject to the condition that such additional or more onerous requirements as may be specified in the direction are complied with, and shall intimate that direction to the [F2 local authority.]

(8) The Secretary of State may give directions requiring applications under section 6(5) of this Act for an extension of the period specified in a warrant for the construction of a building intended to have a limited life to be referred to him; and where any such application is so referred to him, the Secretary of State shall—

(a) consider and determine the question whether, having regard to the special provisions of the building standards regulations mentioned in section 6(4) of this Act, it is proper to extend the said period and, if so, by how much, and

(b) intimate his determination to the [F2 local authority,]

and the [F2 local authority] in deciding the application shall give effect to that determination.

Subsections (2) and (3) above shall apply for the purposes of this subsection as if directions under this subsection were directions under subsection (1) above.]

Textual Amendments

F1 Ss. 6A, 6B added by Building (Scotland) Act 1970 (c. 38), s. 4

F2 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 1