The Building Standards (Scotland) Amendment Regulations 1987

Made: 9th July 1987

Laid before Parliament: 24th July 1987

Coming into force: 21st September 1987

The Secretary of State, in exercise of the powers conferred on him by section 3 of, and Schedule 4 to, the Building (Scotland) Act 1959[^f00001], and of all other powers enabling him in that behalf, and, as required by section 3(6) of that Act[^f00002], having consulted the Building Standards Advisory Committee and such other bodies as appear to him to be representative of the interests concerned, hereby makes the following Regulations:

Citation and commencement

1

• (1) These Regulations may be cited as the Building Standards (Scotland) Amendment Regulations 1987, and the Building Standards (Scotland) Regulations 1981 to 1986[^f00003] and these Regulations may be cited together as the Building Standards (Scotland) Regulations 1981 to 1987.

• (2) These Regulations shall come into force on 21st September 1987.

Interpretation

2

In these Regulations, unless the context otherwise requires–

• (a) “the building standards regulations” means the Building Standards (Scotland) Regula tions 1981 and other words and expressions have the same meaning as in the said Regulations;

• (b) any reference to a Part, regulation, Table or Schedule shall be construed as a reference to a Part or regulation of, or Table or Schedule to, the building standards regulations.

Transitional provisions

3

In relation to the granting of a warrant for the construction or change of use of a building where application therefor was made before the date of coming into force of these Regulations, and in relation to any subsequent extension of the period of validity of such a warrant or amendment of its terms, these Regulations shall not be treated as having amended the building standards regulations for the purpose of construing the words “building standards regulations” in sections 4B(1) and (2), 6(2), (3), (3A), (7) and (8), 6AA, 6A, 9(2A) and 10 of the Building (Scotland) Act 1959[^f00004].

Amendment of the building standards regulations

4

The building standards regulations shall be amended in accordance with these Regula tions.

5

• (1) In regulation A5(1)–

• (a) the entries for the following terms shall be deleted:–

• the second definition of APARTMENT, and

• STANDARD IMPACT METHOD;

• (b) in the first definition of APARTMENT, the words “except in regulation H4” shall be deleted.

• (2) For Part H there shall be substituted Part H as set out in Schedule 1 to these Regulations.

• (3) For regulation Q5(9) there shall be substituted–

(9) The hot water supply to every shower bath, whether provided to meet this regulation or not, shall be by means of either an instantaneous electric water heater which complies with BS 3456: Section 3.9: 1979 or a valve which complies with BS 1415: Part 1: 1976 or BS 1415: Part 2: 1986.

• (4) In Table 1 to Schedule 2–

• (a) after the entry relating to BS 1390:1972 there shall be inserted in columns (1) to (4) respectively–

• (b) for the entry relating to BS 2750: 1956 there shall be substituted in columns (1) to (4) respectively–

• (c) after the entry substituted by sub-paragraph (b) there shall be inserted in columns (1) to (4) respectively–

• (d) after the entry relating to BS 3456: Section 2.30: 1971 there shall be inserted in columns (1) to (4) respectively–

• (e) in the entry relating to BS 5628: Part 3: 1985 there shall be inserted in column (4), after the reference to Schedule 13, “Schedule 17, H3”;

• (f) after the entry relating to BS 5810:1979 there shall be inserted in columns (1) to (4) respectively–

• (5) In Table 2 to Schedule 2 the entry relating to CP3:Chapter III:1972 shall be deleted.

• (6) In Part II of Schedule 13 the entries for Part H shall be deleted.

• (7) After Schedule 16 there shall be inserted Schedule 17 as set out in Schedule 2 to these Regulations.

• (8) In the Arrangement of Regulations prefacing the building standards regulations–

• (a) the entry “H4 Measurement of sound transmission” and, in the entry relating to H3, the asterisk and the words “Table to regulation H3” shall be deleted; and

• (b) after the entry relating to Schedule 16 there shall be inserted–

Schedule 17: Specified constructions and performance standards for resistance to the transmission of sound

• (9) In Index 2 the entry “H4 Measurement of sound transmission 00” shall be deleted.

• (10) In Index 3–

• (a) the reference “H4” shall be deleted from the entries relating to–

• Apartment, definition,

• Floor, sound insulation, and

• Separating floor, sound insulation;

• (b) in the entries relating to “Apartment” and to “Sound insulation” the entry “measurement of sound transmission H4” shall be deleted;

• (c) in the entry relating to “Separating wall”, after the entry “requirements for fire protection D5 D6 D7” there shall be inserted “sound insulation H3”.

SCHEDULE 1

SCHEDULE 2

Signed

James Douglas-Hamilton, — Parliamentary Under Secretary of State, Scottish Office — 9th July 1987

Explanatory note

(This note is not part of the Regulations)

These Regulations amend Part H (Resistance to the transmission of sound) of the Building Standards (Scotland) Regulations 1981 to 1986. An amendment is also made to regulation Q5(9) on showers to permit the use of a wider range of components which meet British Standard specifications. The Regulations come into force on 21st September 1987, but do not apply to any construction or change of use of a building where application for the warrant was made before that date.

The requirements of Part H are re-stated in functional terms with the methods of compliance with the requirements given in a new Schedule 17 to the building standards regulations. Compliance can be achieved either by the use of specified constructions which replace the existing deemed-to-satisfy specifications or by meeting a performance standard which takes account of new British Standards for testing and calculating sound transmission.

Note: Copies of British Standards and British Standard Codes of Practice referred to in these Regulations may be purchased from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE.

Footnotes

[^f00001]: 1959 c. 24; section 3(2) and (3) were amended by the Health and Safety at Work etc. Act 1974 (c. 37), Schedule 7, paragraphs 1(a) and (b) respectively; section 3(4) was amended by the Housing (Scotland) Act 1986 (c. 65), section 19(2); section 3(7) was added by the Health and Safety at Work etc. Act 1974, Schedule 7, paragraph 1(c).

[^f00002]: Section 3(6) was substituted by the Building (Scotland) Act 1970 (c. 38), section 1.

[^f00003]: S.I. 1981/1596, 1982/1878, 1984/1660 and 1986/1278.

[^f00004]: Section 4B was substituted by the Housing (Scotland) Act 1986, section 19(3); section 6(2) and (3) were amended by the Building (Scotland) Act 1970, Schedule 1, Part I, paragraphs 1(a) and 1(b) respectively; section 6(3A) was inserted by the Health and Safety at Work etc. Act 1974, Schedule 7, paragraph 4(a); section 6(8)(a) was repealed by the Local Government (Scotland) Act 1973 (c. 65), Schedule 29; section 6(8)(b) and (c) were substituted by the Building (Scotland) Act 1970, section 3; section 6AA was inserted by the Housing (Scotland) Act 1986, section 19(4); section 6A was inserted by the Building (Scotland) Act 1970, section 4; section 9(2A) was inserted by the Housing (Scotland) Act 1986, section 19(5); section 10(1), (2) and (4) were amended by the Building (Scotland) Act 1970, Schedule 1, Part I, paragraph 3 and Schedule 2; section 10(2) was amended by the Local Government (Scotland) Act 1973, Schedule 29; section 10(1A) and (1B) were inserted by the Building (Scotland) Act 1970, Schedule 1, Part I, paragraph 3(b); references to “local authority” were substituted for references to “buildings authority” by the Local Government (Scotland) Act 1973, Schedule 15, paragraph 1.

[^f00005]: The definition of “room” in regulation A5(1) was amended by S.I. 1986/1278.