The Building (Scotland) Act 2003 (Exemptions for Defence and National Security) Order 2009

Made: 31st March 2009

Laid before Parliament: 2nd April 2009

Coming into force: 1st May 2009

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(2) of the Scotland Act 1998[^f00001].

Citation, commencement and extent

1

• (1) This Order may be cited as the Building (Scotland) Act 2003 (Exemptions for Defence and National Security) Order 2009 and comes into force on 1st May 2009.

• (2) This Order extends to Scotland only.

Interpretation

2

In this Order–

• (a) “the 2003 Act” means the Building (Scotland) Act 2003[^f00002];

• (b) “building” has the same meaning as in section 55 of the 2003 Act.

Exemptions for defence and national security

3

The provisions of the 2003 Act and any subordinate legislation made under it shall not apply to–

• (a) a building, or work to or in a building, used or to be used for the purposes of national security;

• (b) work to or in a building, carried out for the purposes of national security; or

• (c) a building, or work to or in a building, occupied for the purposes of–

• (i) the Secretary of State for Defence;

• (ii) the Defence Council;

• (iii) any of the armed forces of the Crown;

• (iv) any visiting force as defined in the Visiting Forces Act 1952[^f00003]; or

• (v) any international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964[^f00004].

Signed

ANN McKECHIN — Parliamentary Under Secretary of State Scotland Office Ministry of Justice — 31st March 2009

Explanatory note

(This note is not part of the Order)

This Order exempts–

• (i) buildings, or work to or in buildings, used or to be used for the purposes of national security;

• (ii) work to or in buildings carried out for the purposes of national security;

• (iii) buildings, or work to or in buildings, occupied for various purposes connected with defence,

from the provisions of the Building (Scotland) Act 2003 and any subordinate legislation made under it.

Footnotes

[^f00001]: 1998 c. 46.

[^f00002]: 2003 asp 8.

[^f00003]: 1952 c. 67.

[^f00004]: 1964 c. 5.