Ninth Schedule.—(MINOR AND CON-SEQUENTIAL AMENDMENTS OF ENACTMENTS.) (Hansard, 11 February 1959)

§ The Solicitor-General for Scotland
I beg to move, in page 34, line 40, to leave out from "1935" to the end of line 12 on page 35 and to insert: for section seventeen there shall be substituted the following section, that is to say:— '17.—(1) A buildings authority within the meaning of the Building (Scotland) Act, 1959, may refuse to grant a warrant under section six of that Act for the erection of a new building, which, if erected in accordance with the plans, specifications and other information submitted with the application for the warrant, would be a building to which this section applies, if they are not satisfied that the said plans, specifications and other information show that provision will be made for such means of entrance and egress, and of such accommodation for the loading and unloading of vehicles or picking up and setting down of passengers, or the fuelling of vehicles, as may seem necessary to the buildings authority for preventing or limiting interference with traffic: Provided that—

(a) the buildings authority shall, as soon as may be after such application is made, consult the highway authority or such officer of the highway authority as may be nominated by them for the purpose and the chief officer of police for the district, and the power conferred by this section shall not be exercised except after such consultation as aforesaid;

(b) this subsection shall not apply in a case where the buildings authority are satisfied that either—

(i) the character of the new building is such as not to be likely to cause increased vehicular traffic along any road adjacent thereto; or

(ii) satisfactory arrangements have been or will be, made for limiting interference with the traffic along such road.
(2) This section applies to any building whereof the external or containing walls contain a space of not less than two hundred and fifty thousand cubic feet measured in accordance with directions given by the Secretary of State, and to any place of public resort, refreshment house, station for public service vehicles, petrol filling station or garage used or to be used in connection with any trade or business; and in this section the expression "the erection of a new building" includes the following operations, that is to say,—

(a) the re-erection, wholly or partially, of any building of which an outer wall is pulled clown or burnt down to or within ten feet of the surface of the ground adjoining 1308 the lowest storey of the building, and of any frame building so far pulled down or burnt down so as to leave only the framework of the lowest storey;

(b) the conversion into a dwelling house of any building not originally constructed for human habitation, or the conversion into more than one dwelling house of a building originally constructed as one dwelling house only;

(c) the re-conversion into a dwelling house of any building which has been discontinued as, or appropriated for any purpose other than that of, a dwelling house;

(d) the making of any addition to an existing building by raising any part of the roof, by altering a wall, or making any projection from the building, but so far as regards the addition only; and

(e) the roofing or covering over of an open space between walls or buildings'.
and subsections (5) and (10) of section twenty-five of the said Act of 1935 shall cease to have effect". This lengthy Amendment is a drafting Amendment. Instead of legislating by reference, we have set out at length Section 17 of the Restriction of Ribbon Development Act as it now applies under the Bill. It will be convenient to those who have to work the Bill to have a self-contained Section 17 of the 1935 Act written into the Bill.

§ Mr. Woodburn
I should like to congratulate the Government on doing the sensible thing instead of having a Bill by references, because a Bill by references is a great nuisance to people who have to work it daily.

§ Mr. J. N. Browne
I beg to move, in page 36, line 6, at the beginning to insert: (1) The Minister may by regulations exempt from the provisions of sections two to five of this Act buildings or extensions of such classes as may be specified in the regulations. In re-enacting in the Schedule the Thermal Insulation (Industrial Buildings) Act, 1957, as it applies to Scotland, we inadvertently lost the power of the Minister of Power to give exemption from certain provisions by regulations. The Amendment puts it back.