Office of the Queen's Printer for Scotland
20.—(1) A reference under section 12(1) of the Act to the Scottish Ministers for a view in relation to an application for a building warrant under section 9 of the Act (“the subject application”) shall be made by submitting to the Scottish Ministers such information as the Scottish Ministers may require to form a view in relation to the reference.
(2) The person making the reference shall forthwith send a copy of the reference and of any accompanying documents to the applicant or, as the case may be, the verifier.
(3) In the event that the Scottish Ministers express a view and intimate it in accordance with section 12(2) of the Act such intimation shall be accompanied by a notification of the fee payable in respect of that application, that fee shall be determined by the Scottish Ministers.
(4) A reference for a view under section 12(1) of the Act shall not be accepted if it is submitted on or after the date of acceptance of a completion certificate in accordance with section 18 of the Act in respect of the work or conversion to which the subject application relates.
21. The provisions of this Part shall apply to an application under section 3(2)(a) of the Act to the Scottish Ministers for a direction in relation to a particular building.
22.—(1) An application for a direction shall be made by submitting to the Scottish Ministers an application in writing signed by the applicant or a duly authorised agent and accompanied by such plans as are necessary to show the details of the part of the application for which provision a direction is sought and the relationship of the direction to the building as a whole together with where the submitting is by other than electronic communication a copy of the said application and plans by the applicant or a duly authorised agent.
(2) The applicant shall if required by the Scottish Ministers–
(a) submit to them such further information as the Scottish Ministers may direct; and
(b) obtain at the applicant’s expense and submit to the Scottish Ministers the results of such tests as the Scottish Ministers may direct are to be undertaken.
23. Where the building to which the application in this Part relates is the subject of an application for a building warrant under section 9 of the Act (“the subject warrant application”)–
(a) the Scottish Ministers may require the applicant for a direction to send to them a copy of the subject warrant application and the plans submitted therewith for the purposes of inspection only; and
(b) the application for a direction shall not be accepted if it is submitted on or after the date of acceptance of a completion certificate in accordance with section 18 of the Act in respect of the work or conversion to which the subject warrant application relates.
24. In the event that the Scottish Ministers determine not to give a direction they shall notify the applicant of their determination and of the reasons therefor.
25. The provisions of this Part shall apply–
(a) to an application under section 3(2)(b) of the Act to the Scottish Ministers for a direction in relation to a description of building;
(b) in relation to the giving of such a direction by the Scottish Ministers whether on an application made to them or of their own accord; and
(c) in relation to the giving of a subsequent direction under section 3(4)(c) of the Act varying or revoking such a direction.
26.—(1) An application shall be made by submitting to the Scottish Ministers an application in writing signed by the applicant or a duly authorised agent and accompanied by such plans as are necessary to show the aspects of the building or the part thereof for which a direction is sought and the provision of the building regulations from which dispensation or relaxation is sought.
(2) The applicant shall if required by the Scottish Ministers–
(a) submit to them such further information as the Scottish Ministers may direct; and
(b) obtain at the applicant’s expense and submit to the Scottish Ministers the results of such tests as the Scottish Ministers may direct are to be undertaken.
27.—(1) The Scottish Ministers–
(a) shall send to the applicant (if any) or a duly authorised agent, the Buildings Standards Advisory Committee and every verifier a copy of their draft direction; and
(b) may if they think fit send to any other person or body appearing to them to be interested a copy of the application and of their draft direction;
inviting comment on the draft direction to be sent in writing to the Scottish Ministers before the expiry of the period of 21 days beginning with the date of issue of the draft direction, and they shall take into account any comments received before making their decision final.
(2) Following the receipt of comments from persons to whom a copy of the draft direction has been sent in accordance with paragraph (1) the Scottish Ministers may if they think fit produce a further draft direction in accordance with that paragraph.
28.—(1) After giving a direction under section 3(2) (b) of the Act the Scottish Ministers shall give notification of the direction to the applicant if any or a duly authorised agent, and any other body or person who received a copy of the draft direction in terms of paragraph (b) of regulation 27.
(2) In the event that the Scottish Ministers determine not to give a direction on the matter referred to them they shall notify any applicant or a duly authorised agent of their determination and of their reasons therefor.
29. Where in accordance with section 3(6) of the Act, the Scottish Ministers have sent a copy of any direction to the local authority, the local authority shall proceed forthwith to register the said copy direction in the building standards register.
30. Before making an appointment as a verifier under section 7(1)(a) of the Act the considerations to which the Scottish Ministers shall have regard shall include–
(a) qualifications;
(b) competence;
(c) accountability to the public; and
(d) impartiality.
The Building (Procedure) (Scotland) Regulations 2004