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A: Daily Business
B: Business Programme
C: Committee Agendas
D: Oral questions
E: Written questions
F: Motions and Amendments
G: Bills
H: New Documents
K: Progress of Parliamentary business

 

Business Bulletin No. 183/2002

Thursday 12 December 2002

Section G: Bills: Notices and Amendments

  

New Bills introduced or reprinted on 10 December 2002

Water Environment and Water Services (Scotland) Bill—The Bill was reprinted as amended at Stage 2. (SP Bill 57A) (Executive Bill)

New amendments to Bills lodged on 11 December 2002

Building (Scotland) Bill - Stage 2

Section 1

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1 In section 1, page 1, line 17, after <regulations)> insert <or an order under subsection (4)>

Section 2

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2 In section 2, page 2, line 11, leave out <Building regulations may impose> and insert <Continuing requirements may by virtue of subsection (1) be imposed>

Des McNulty

3 In section 2, page 2, line 13, leave out from <continuing> to end of line 19

Section 3

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4 In section 3, page 2, line 30, at end insert-

<( ) No direction may be given under subsection (2) in relation to a provision of building regulations specified in the regulations as one in relation to which such a direction is not competent.>

Section 6

Des McNulty

5 In section 6, page 4, line 18, leave out from <an> to end of line 19 and insert <a building standards assessment.

(2) A building standards assessment is an assessment of the extent to which the authority considers that-

(a) the building complies with building regulations as the regulations apply to the building at the time of the assessment,

(b) any work which has been carried out in relation to the building was carried out without any authorisation required by or under any enactment,

(c) any continuing requirement which applies in relation to the building is being and has been complied with,

(d) the building has defects which entitle the authority to serve on the owner a defective building notice.

(3) The Scottish Ministers may by regulations make further provision as to the matters to be assessed in a building standards assessment including, in particular, provision as to-

(a) the period to which an assessment in pursuance of subsection (2)(b) is to relate,

(b) circumstances in which an assessment is to be made in relation to part only of a building or, where a building forms part of a larger building, in relation to that larger building,

(c) matters which are not to be included in an assessment in any particular case or description of case.>

Section 7

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6 In section 7, page 4, line 29, at end insert-

<(1A) The Scottish Ministers may approve schemes in accordance with which persons (whether individuals or bodies corporate or unincorporate) who are for the time being members of the schemes are entitled to exercise for the purposes of this Act the functions of (either or both)-

(a) an approved certifier of design,

(b) an approved certifier of construction,

and references in this Act to approved certifiers of design or approved certifiers of construction include (unless the context requires otherwise) any persons who are by virtue of their membership of any such scheme entitled to exercise the functions of such certifiers.

(1B) The Scottish Ministers may approve any such scheme subject to such limitations as they may impose, which may be framed by reference to area, description of building, cost of building or building work or any other factor whatsoever.>

Des McNulty

7 In section 7, page 4, line 36, at end insert <and, in the case of a certifier referred to in paragraph 3A of that schedule, any limitations referred to in that paragraph).>

Des McNulty

8 In section 7, page 5, line 3, at end insert-

<(5A) The Scottish Ministers may, in any of the circumstances specified in subsection (5B), direct a verifier to refer to them-

(a) any application specified in the direction, being an application made to the verifier under section 9 for a building warrant or an amendment to a building warrant and not determined by the verifier as at the date of the direction,

(b) any completion certificate specified in the direction, being a completion certificate submitted to the verifier under section 17 and not accepted or rejected by the verifier as at that date,

and the Scottish Ministers, instead of the verifier, may exercise the functions of a verifier under this Act in relation to any such application or certificate.

(5B) The circumstances referred to in subsection (5A) are where-

(a) the verifier requests the Scottish Ministers to issue the direction, or

(b) the Scottish Ministers consider that the verifier is incapable for any reason of exercising the functions of a verifier under this Act in relation to the application or, as the case may be, completion certificate specified in the direction.>

Schedule 2

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9 In schedule 2, page 34, line 11, after <appointed> insert <under section 7(1)>

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10 In schedule 2, page 34, line 17, at end insert-

<3A A person who is a certifier by virtue of membership of a scheme approved under section 7(1A) is entitled to exercise the functions of a certifier subject to-

(a) such limitations as are imposed in relation to the scheme under section 7(1B), and

(b) any limitations contained in the scheme.>

Section 8

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11 In section 8, page 5, leave out lines 22 and 23 and insert-

<the persons specified in subsection (2A) are guilty of an offence.

<(2A) Those persons are-

(a) any person carrying out the work or, as the case may be, making the conversion,

(b) any person on whose behalf the work is being carried out or, as the case may be, the conversion is being made,

(c) if the owner of the building does not fall within paragraph (a) or (b), the owner.>

Des McNulty

12 In section 8, page 5, line 24, leave out <other than the owner of a building> and insert <referred to in subsection (2A)(a)>

Des McNulty

13 In section 8, page 5, line 26, leave out <the owner of the building> and insert <a person referred to in subsection (2A)(b) or (c)>

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14 In section 8, page 5, line 29, leave out <an owner of a building> and insert <a person referred to in subsection (2A)(b) or (c)>

Des McNulty

15 In section 8, page 5, line 33, at end insert-

<(4A) In any proceedings against a person referred to in subsection (2A)(c) for an offence under subsection (2)(a), it is a defence for the accused to show that at the time of the alleged commission of the offence the accused did not know, and had no reasonable cause to know, that the work was being carried out or the conversion made.>

Des McNulty

16 In section 8, page 5, line 35, after <(4)> insert <or (4A)>

Section 9

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17 In section 9, page 6, line 6, leave out <by the owner of a building> and insert <to it>

Des McNulty

18 In section 9, page 6, line 41, leave out <for the construction or demolition of a building>

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19 In section 9, page 7, line 1, leave out <respect of the building> and insert <relation to the building in respect of the work or conversion>

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20 In section 9, page 7, line 1, leave out <the owner of the building applies> and insert <an application is made>

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21 In section 9, page 7, line 2, leave out from third <to> to end of line 4

Des McNulty

22 In section 9, page 7, line 5, leave out from <is> to end of line 6 and insert <continues to be satisfied as to the matters specified in subsection (2), taking into account the proposed amendment and any plan, specification or other information submitted with the application for the amendment.>

Des McNulty

23 In section 9, page 7, line 7, leave out <other than a local authority>

Des McNulty

24 In section 9, page 7, line 11, at end insert-

<( ) Subsection (7) does not apply where the verifier is the local authority.>

Des McNulty

25 In section 9, page 7, line 14, at end insert <but subject, in relation to an application for an amendment to a warrant, to any later direction under section 3(2) in force in relation to the building in question or buildings of the same description>

Section 10

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26 In section 10, page 7, line 20, leave out <or alteration or conversion> and insert <a building or alteration or conversion of all or part>

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27 In section 10, page 7, line 23, after first <the> insert <whole>

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28 In section 10, page 7, line 25, leave out <direct>

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29 In section 10, page 7, line 26, after <the> insert <whole>

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30 In section 10, page 7, line 29, after first <the> insert <whole>

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31 In section 10, page 7, line 31, leave out <direct>

Des McNulty

32 In section 10, page 7, line 32, after <the> insert <whole>

Section 11

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33 In section 11, page 7, line 36, leave out <for the construction of a building>

Des McNulty

34 In section 11, page 7, line 37, after <certifying> and insert <(either or both)-

(a)>

Des McNulty

35 In section 11, page 7, line 39, at end insert-

<(b) in relation to work for construction or demolition or for provision of services, fittings or equipment, that the proposed method of working, or any part of it, complies with building regulations>

Des McNulty

36 In section 11, page 7, line 42, at end insert-

<( ) Any approved certifier of design who-

(a) issues a certificate under subsection (1) containing a statement which the certifier knows to be false or misleading in a material particular, or

(b) recklessly issues a certificate under subsection (1) which is false or misleading in a material particular,

is guilty of an offence.>

Des McNulty

37 In section 11, page 8, line 2, leave out from <by> to end of line and insert <authorised to issue-

(a) in the case of such a certifier appointed under section 7(1), by the terms of the certifier's appointment,

(b) in the case of a person who is such a certifier by virtue of membership of a scheme approved under section 7(1A), by the scheme as approved.>

Section 12

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38 In section 12, page 8, line 4, after <verifier> insert <or the applicant>

Des McNulty

39 In section 12, page 8, line 6, leave out <may, with the agreement of the applicant,> and insert <or, as the case may be, the applicant may>

Des McNulty

40 In section 12, page 8, line 9, at end insert <and must intimate any such view to both the verifier and the applicant>

Section 13

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41 In section 13, page 8, line 27, at end insert <, but does not constitute a warrant for the demolition>

Des McNulty

42 In section 13, page 8, line 36, at end insert-

<(7) Where-

(a) a warrant is subject to the condition specified in subsection (3)(b), and

(b) the owner of the building fails to demolish the building by the expiry of the period specified in the warrant (or, if that period has been extended or further extended under subsection (5), the period as so extended or further extended),

the owner is guilty of an offence.

(8) Any person who, after the expiry of the period specified in a warrant by virtue of subsection (3)(b) (or, if that period has been extended or further extended under subsection (5), the period as so extended or further extended), occupies or uses the building to which the warrant relates (other than solely for the purposes of its demolition)-

(a) knowing that the period has expired, or

(b) without any regard for whether the period has expired,

is guilty of an offence.

(9) A person guilty of an offence under subsection (8) is liable-

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

(10) Whether or not a local authority has exercised or proposes to exercise any of its other powers under this Act the authority may, by means of an application for interdict, seek to restrain or prevent any actual or apprehended occupation or use of a building which constitutes, or would constitute, an offence under subsection (8).

(11) On such an application the court may grant such interdict as it thinks appropriate for the purpose of restraining or preventing the occupation or use.

(12) In subsection (11), "the court" means the Court of Session or the sheriff.>

Des McNulty

43 Divide section 13 into two sections, the first (Building warrants: further provisions) to consist of subsections (1) and (2) and the second (Building warrants: limited life buildings) to consist of subsections (3) to (12)

Section 16

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44 In section 16, page 9, line 15, leave out <owner of the building in question> and insert <relevant person>

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45 In section 16, page 9, line 35, leave out <owner of the building in question> and insert <relevant person>

Des McNulty

46 In section 16, page 10, line 22, at end insert-

<( ) In this section, the relevant person, in relation to a building, is-

(a) where the work was carried out, or the conversion made, otherwise than on behalf of another person, the person who carried out the work or made the conversion,

(b) where the work was carried out, or the conversion made, by a person on behalf of another person, that other person,

(c) if the owner of the building does not fall within paragraph (a) or (b) and the person required by those paragraphs to submit the completion certificate has failed to do so, the owner.>

Section 17

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47 In section 17, page 10, line 32, leave out <other than a local authority>

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48 In section 17, page 10, line 35, at end insert-

<( ) Subsection (4) does not apply where the verifier is the local authority.>

Section 18

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49 In section 18, page 10, line 37, leave out <owner> and insert <person submitting the completion certificate>

Des McNulty

50 In section 18, page 11, line 3, at end insert-

<( ) Any approved certifier of construction who-

(a) issues a certificate under subsection (1) containing a statement which the certifier knows to be false or misleading in a material particular, or

(b) recklessly issues a certificate under subsection (1) which is false or misleading in a material particular,

is guilty of an offence.>

Des McNulty

51 In section 18, page 11, line 6, leave out from <by> to end of line 7 and insert <authorised to issue-

(a) in the case of such a certifier appointed under section 7(1), by the terms of the certifier's appointment,

(b) in the case of a person who is such a certifier by virtue of membership of a scheme approved under section 7(1A), by the scheme as approved,>

Section 20

Des McNulty

52 In section 20, page 11, leave out lines 27 to 29 and insert <a dangerous building notice in a case where the occupants of a building have been removed or ejected from the building under section 26(2) or (7) or schedule 3,>

Des McNulty

53 In section 20, page 11, line 32, leave out <building> and insert <construction, conversion or work>

Des McNulty

54 In section 20, page 11, line 33, leave out from <by> to <applies> in line 34 and insert-

<(a) in a case referred to in subsection (1)(a)-

(i) where the construction or conversion is being, or has been, carried out otherwise than on behalf of another person, by the person carrying out, or who carried out, the construction or conversion,

(ii) where the construction or conversion is being, or has been, carried out by a person on behalf of another person, by that other person,

(b) in any case, by the owner of the building in question,>

Des McNulty

55 In section 20, page 11, line 35, at end insert <and must, where it does so, send a copy of the permission to the local authority>

Des McNulty

56 In section 20, page 12, line 2, leave out <building> and insert <construction, conversion or work>

Section 24

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57 In section 24, page 15, line 16, leave out <owner of the building> and insert <relevant person>

Des McNulty

58 In section 24, page 15, line 17, leave out <the owner> and insert <that person>

Des McNulty

59 In section 24, page 15, line 25, leave out <to permit the deviation concerned> and insert <in respect of the non-compliance>

Des McNulty

60 In section 24, page 15, line 30, at end insert-

<( ) In this section, the relevant person, in relation to a building, is-

(a) in a case referred to in subsection (1)(a)-

(i) where the building has been or is being constructed otherwise than on behalf of another person, the person who constructed or is constructing it,

(ii) where the building has been or is being constructed by a person on behalf of another person, that other person,

(iii) if the owner of the building does not fall within sub-paragraph (i) or (ii) and the person specified in those sub-paragraphs cannot be found or no longer has an interest in the building, the owner,

(b) in a case referred to in subsection (1)(b), the owner of the building.>

Des McNulty

61 In section 24, page 15, line 37, leave out <owner> and insert <person on whom the notice is served>

Des McNulty

62 In section 24, page 15, line 39, leave out <owner> and insert <person on whom the notice is served>

Des McNulty

63 In section 24, page 16, line 2, leave out <owner> and insert <person on whom the notice is served>

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64 In section 24, page 16, line 9, leave out <owner> and insert <person on whom the notice is served>

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65 In section 24, page 16, line 11, leave out <owner> and insert <person>

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66 In section 24, page 16, line 17, leave out <owner> and insert<person>

Section 28

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67 In section 28, page 20, line 8, leave out <building regulations> and insert <regulations under this Act>

Section 32

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68 In section 32, page 22, line 22, leave out <the owner> and insert <a person>

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69 In section 32, page 22, line 32, leave out <the owner of> and insert <, in relation to>

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70 In section 32, page 22, line 32, after <applies> insert <, a person>

Section 37

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71 In section 37, page 24, line 39, leave out <the owner of a building> and insert <a person>

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72 In section 37, page 24, line 42, leave out <the> and insert <a>

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73 In section 37, page 25, line 1, leave out <owner of the building> and insert <person>

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74 In section 37, page 25, line 4, leave out <owner> and insert <person>

Section 38

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75 In section 38, page 25, line 20, at end insert <and includes a test of such materials in combination with other such materials and a test of the building as a whole>

Section 41

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76 In section 41, page 26, line 19, after <building> insert <or any other person>

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77 In section 41, page 26, line 22, after <owner> insert <or, as the case may be, the other person>

Section 43

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78 In section 43, page 27, line 24, after <sections> insert <13(9),>

Section 50

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79 In section 50, page 30, line 9, at end insert-

<( ) any railway line,>

 

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