Housing (Scotland) Act 2001

• (1) A person whose only or principal home at the time of the tenant’s death was the house and—

• (a) who was at that time—

• (i) the tenant’s spouse or civil partner, or

• (ii) living with the tenant as husband and wife or in a relationship which has the characteristics of the relationship between civil partners, or

• (b) who is, where the tenancy was held jointly by two or more individuals, a surviving tenant.

• (2) In the case of a person referred to in sub-paragraph (1)(a)(ii), the house must have been the person’s only or principal home throughout the period of 12 months ending with the tenant’s death.

3

A member of the tenant’s family aged at least 16 years where the house was the person’s only or principal home throughout the period of 12 months ending with the tenant’s death.

4

A carer providing, or who has provided, care for the tenant or a member of the tenant’s family where—

• (a) the carer is aged at least 16 years,

• (b) the house was the carer’s only or principal home throughout the period of 12 months ending with the tenant’s death, and

• (c) the carer had a previous only or principal home which was given up.

Special rule: specially adapted house

5

• (1) This paragraph applies where the house has been designed or substantially adapted for occupation by a person whose special needs require accommodation of the kind provided by the house.

• (2) For the purposes of succession to a tenancy under section 22(1), a person is a qualified person only if that person—

• (a) falls within paragraph 2, or

• (b) falls within paragraph 3 or 4 and has special needs requiring accommodation of the kind provided by the house.

• (3) For the purposes of succession to a tenancy under section 22(2), a person falling within any of paragraphs 2 to 4 is a qualified person only if that person has special needs requiring accommodation of the kind provided by the house.

Order of succession

6

If there is a qualified person falling within paragraph 2, the tenancy passes to that person unless the person declines the tenancy.

7

If the tenancy does not pass to a qualified person falling within paragraph 2 and there is a qualified person falling within paragraph 3, the tenancy passes to that person unless the person declines the tenancy.

8

If the tenancy does not pass to a qualified person falling within paragraph 2 or 3 and there is a qualified person falling within paragraph 4, the tenancy passes to that person unless the person declines the tenancy.

9

Where there is more than one qualified person falling within any of paragraphs 2 to 4, section 22(9) and paragraph 6, 7 or, as the case may be, 8 apply in relation to—

• (a) such qualified person falling within the paragraph in question, or

• (b) such two or more of those qualified persons as joint tenants,

as may be decided by agreement between all the qualified persons falling within the paragraph in question or, failing agreement within 4 weeks of the death of the tenant or, where paragraph 10 applies, of the date on which notice under that paragraph was given, as the landlord decides.

Notification of right to succeed to tenancy

10

• (1) Where there is a qualified person falling within paragraph 2 and that person (or, if more than one, each of those persons) declines the tenancy, the landlord must, as soon as possible thereafter—

• (a) use its best endeavours to ascertain whether there are any persons who may be entitled to the tenancy by virtue of paragraph 3 or, if not, paragraph 4, and

• (b) give notice in writing to each such person.

• (2) Where there is a qualified person falling within paragraph 3 and that person (or, if more than one, each of those persons) declines the tenancy, the landlord must, as soon as possible thereafter—

• (a) use its best endeavours to ascertain whether there are any persons who may be entitled to the tenancy by virtue of paragraph 4, and

• (b) give notice in writing to each such person.

Declining a tenancy

11

• (1) A qualified person who is entitled to the benefit of paragraph 6, 7 or 8 may decline the tenancy by giving the landlord notice in writing within 4 weeks of the tenant’s death or, where the qualified person was given notice under paragraph 10, within 4 weeks of the date on which that notice was given.

• (2) Notice under sub-paragraph (1) has effect as if given at the time of the tenant’s death.

• (3) A qualified person who declines a tenancy—

• (a) must vacate the house within 3 months of the date of the notice under sub-paragraph (1) declining the tenancy,

• (b) is liable to pay rent which becomes due after the tenant’s death only in respect of any rental period (that is to say, a period in respect of which an instalment of rent falls to be paid) during any part of which the qualified person has occupied the house after the tenant’s death.

Qualified persons: co-operative housing associations

12

• (1) This paragraph applies where the landlord is a registered social landlord which is a co-operative housing association.

• (2) A qualified person who is entitled to the benefit of paragraph 6, 7 or 8 must, within 4 weeks of the tenant’s death or, where the qualified person was given notice under paragraph 10, within 4 weeks of the date on which that notice was given, apply for membership of the co-operative housing association.

• (3) Where a qualified person—

• (a) fails to comply with sub-paragraph (2), or

• (b) complies with that sub-paragraph but the co-operative housing association refuses the application for membership,

the person is to be treated as having declined the tenancy at the time of the tenant’s death.

SCHEDULE 4

1

The landlord in a Scottish secure tenancy must—

• (a) ensure that the house is, at the commencement of the tenancy, wind and watertight and in all other respects reasonably fit for human habitation, and

• (b) keep the house in such condition throughout the tenancy.

2

The landlord must, before the commencement of the tenancy—

• (a) inspect the house and identify any work necessary to comply with the duty in paragraph 1(a), and

• (b) notify the tenant of any such work.

3

The landlord must—

• (a) ensure that any work necessary to comply with the duty in paragraph 1(b) is carried out within a reasonable time of the tenant notifying the landlord, or the landlord otherwise becoming aware, that it is required, and

• (b) make good any damage caused by the carrying out of the work.

4

The landlord, or any person authorised by it in writing, may at any reasonable time, on giving 24 hours’ notice in writing to the tenant or occupier, enter the house for the purpose of—

• (a) viewing its state and condition,

• (b) carrying out any work necessary to comply with the duty in paragraph 1(b) or 3.

5

• (1) In determining for the purposes of paragraph 1 whether a house is fit for human habitation, regard is to be had to the extent, if any, to which by reason of disrepair or sanitary defects the house falls short of the provisions of any building regulations in force in the area.

• (2) For the purposes of sub-paragraph (1), “building regulations” has the same meaning as in section 338(1) of the 1987 Act.

6

In paragraph 5, “sanitary defects” includes lack of air space or of ventilation, lack of lighting, dampness, absence of adequate and readily accessible water supply or of sanitary arrangements or of other conveniences, and inadequate paving or drainage of courts, yards or passages.

SCHEDULE 5

PART 1 — ALTERATIONS ETC. TO HOUSE

1

A tenant under a Scottish secure tenancy who wishes to carry out work must make a written application to the landlord for the landlord’s consent, giving details of the proposed work.

2

The landlord may—

• (a) consent,

• (b) consent subject to such reasonable conditions as the landlord may impose, or

• (c) refuse consent, provided that it is not refused unreasonably.

3

The conditions which may be imposed under paragraph 2(b) include conditions as to the standard to which the work is to be carried out; and in considering whether to impose such a condition the landlord must have regard to—

• (a) the age and condition of the house,

• (b) the cost of complying with the condition, and

• (c) any guidance issued under section 28(4).

4

The landlord must intimate its consent or refusal, any conditions imposed and, in the case of refusal, the reasons for the refusal, to the tenant in writing within one month of receipt of the application.

5

If the landlord fails to comply with paragraph 4, it is to be taken to have consented to the application.

6

A tenant who is aggrieved by a refusal, or by any condition imposed under paragraph 2(b), may raise proceedings by summary application.

7

In such proceedings the court must, unless it considers that the refusal or, as the case may be, the condition is reasonable, order the landlord to consent to the application or to withdraw the condition.

8

In deciding whether a refusal or a condition is reasonable the court is to have regard in particular to—

• (a) the safety of occupiers of the house or of any other premises,

• (b) any expenditure which the landlord is likely to incur as a result of the work,

• (c) whether the work is likely to reduce the value of the house or of any premises of which it forms part, or to make the house or such premises less suitable for letting or for sale, ...

• (d) any effect which the work is likely to have on the extent of the accommodation provided by the house, and

• (e) any code of practice issued by the Commission for Equality and Human Rights which relates to this Part.

PART 2 — ASSIGNATION, SUBLETTING, EXCHANGE ETC.

9

A tenant under a Scottish secure tenancy who, in pursuance of section 32(1), wishes to assign, sublet or otherwise give up to another person possession of the house or any part of it or take in a lodger must make a written application to the landlord for the landlord’s consent, giving details of the proposed transaction, and in particular of any payment which has been or is to be received by the tenant in consideration of the transaction.

10

A tenant under a Scottish secure tenancy who, in pursuance of section 33(1), wishes to exchange the house which is the subject of the tenancy for another house which is the subject of a Scottish secure tenancy must make a written application to the landlord and (if different) to the landlord of the other house for consent, giving details of the proposed transaction and, in particular, of the other house.

11

On an application under paragraph 9 or 10 the landlord may—

• (a) consent, or

• (b) refuse consent, provided that it is not refused unreasonably.

12

The landlord must intimate its consent or refusal and, in the case of refusal, the reasons for the refusal, to the tenant in writing within one month of receipt of the application.

13

If the landlord fails to comply with paragraph 12, it is to be taken to have consented to the application.

14

A tenant who is aggrieved by a refusal may raise proceedings by summary application.

15

In such proceedings the court must, unless it considers that the refusal is reasonable, order the landlord to consent to the application.

SCHEDULE 6

Previous anti-social behaviour

1

An order for recovery of possession or an eviction order has, within the period of 3 years preceding the date of service of the notice, been made or issued against the prospective tenant (or any one of prospective joint tenants) in proceedings—

• (a) under the Housing (Northern Ireland) Order 1983 (S.I.1983/1118) on ground 2 of Schedule 3,

• (b) under the Housing Act 1985 (c.68), on ground 2 of Schedule 2,

• (c) under the 1987 Act, on a ground set out in paragraph 2 or 7 of Schedule 3,

• (d) under the 1988 Act, on ground 15 of Schedule 5,

• (e) under the Housing Act 1988 (c.50), on ground 14 of Schedule 2,

• (f) under this Act on a ground set out in paragraph 2 or 7 of schedule 2.

• (g) under the 2016 Act on the ground—

• (i) that the tenant has a relevant conviction,

• (ii) that the tenant has engaged in relevant anti-social behaviour, or

• (iii) that the tenant associates in the let property with a person who has a relevant conviction or has engaged in relevant anti-social behaviour.

Anti-social behaviour order

2

The prospective tenant (or any one of prospective joint tenants) or a person who it is proposed will reside with the prospective tenant is subject to an antisocial behaviour order—

• (a) under section 234AA of the Criminal Procedure (Scotland) Act 1995 (c. 46); or

• (b) under section 4 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).

Temporary letting to person seeking accommodation

3

The house is to be let expressly on a temporary basis to a person moving into the area in order to take up employment there, and for the purpose of enabling that person to seek accommodation in the area.

Temporary letting pending development

4

• (1) The house is to be let to a person expressly on a temporary basis, pending development affecting the house.

• (2) In sub-paragraph (1), “development” has the same meaning as in section 26 of the Town and Country Planning (Scotland) Act 1997 (c.8).

Accommodation for homeless persons

5

The house is to be let to a person expressly on a temporary basis, for a period of not less than 6 months, in fulfilment of a duty imposed on a local authority by Part II (homeless persons) of the 1987 Act.

Accommodation for person requiring housing support services

6

The house is to be let expressly on a temporary basis to a person—

• (a) to whom no other paragraph of this schedule applies, and

• (b) who is in receipt of a housing support service.

Accommodation in property not owned by landlord

7

The house to be let is leased by the landlord from another body and the terms of the lease preclude the letting of the house by the landlord under a Scottish secure tenancy.

SCHEDULE 7

PART 1 — CONTROL OF PAYMENTS TO MEMBERS ETC.

Payments by way of gift, dividend or bonus

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments and benefits to officers and employees etc.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maximum amounts payable by way of fees, expenses, etc.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — CONSTITUTION, CHANGE OF RULES, AMALGAMATION AND DISSOLUTION

General power to remove director, trustee etc.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Industrial and provident society: power to appoint new committee member

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Company: power to appoint new director

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Change of rules etc. by industrial and provident society

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Change of memorandum or articles of association of company

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amalgamation and dissolution etc. of industrial and provident society

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arrangement, reconstruction etc. of company

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of the Scottish Ministers to petition for winding up

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of net assets on dissolution or winding up

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — ACCOUNTS AND AUDIT

General requirements as to accounts and audit

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of auditors by industrial and provident societies

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Responsibility for securing compliance with accounting requirements

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — INQUIRY INTO AFFAIRS OF REGISTERED SOCIAL LANDLORDS

Inquiry

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extraordinary audit for purposes of inquiry

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General powers exercisable as a result of inquiry or audit

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to direct transfer of land

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Initial notice to be given to the Scottish Ministers

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further notice to be given to the Scottish Ministers

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Moratorium on disposal of land etc.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period of moratorium

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals as to ownership and management of landlord’s land

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of agreed proposals

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of manager to implement agreed proposals

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of the manager

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of the manager: transfer of engagements

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance by the Scottish Ministers

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to court to secure compliance with agreed proposals

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

Disposals to which this schedule applies

1

• (1) This schedule applies to a disposal by—

• (a) a local authority landlord under section 12 of the 1987 Act, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

of an interest in land as a result of which a tenant of the landlord under a Scottish secure tenancy will cease to be a tenant of that landlord.

• (2) Where a disposal of land is in part a disposal to which this section applies, this schedule applies to that part as to a separate disposal.

Application for consent of the Scottish Ministers

2

• (1) The Scottish Ministers must not entertain an application for consent under section 12(7) of the 1987 Act ... to a disposal to which this schedule applies unless the local authority landlord or, as the case may be, the registered social landlord certifies that—

• (a) the requirements of paragraph 3 as to consultation have been complied with, or

• (b) the requirements of that paragraph as to consultation have been complied with except in relation to tenants expected to have vacated the house in question before the disposal.

• (2) The certificate must be accompanied by a copy of the notices given, and the results of the ballot held, by the landlord in accordance with that paragraph.

• (3) Where the certificate is in the form mentioned in sub-paragraph (1)(b), the Scottish Ministers must not determine the application until the landlord certifies as regards the tenants not originally consulted—

• (a) that they have vacated the house in question, or

• (b) that the requirements of paragraph 3 as to consultation have been complied with.

• (4) A certificate under sub-paragraph (3)(b) must be accompanied by a copy of the notices given, and the results of the ballot held, by the landlord in accordance with paragraph 3.

Requirements as to consultation

3

• (1) The requirements as to consultation referred to in paragraph 2 are as follows.

• (2) The landlord must serve on the tenant notice in writing informing the tenant of—

• (a) such details of the proposal as the landlord considers appropriate, but including the identity of the person to whom the disposal is to be made,

• (b) the likely consequences of the disposal for the tenant, and

• (c) the right of the tenant, within such reasonable period as is specified (which must be at least 28 days after the service of the notice), to make representations to the landlord.

• (3) The landlord must consider any representations made to it within that period and must serve on the tenant a further written notice informing the tenant of—

• (a) any significant changes in the proposal,

• (b) the right of the tenant, within such reasonable period as is specified (which must be at least 28 days after the service of the notice), to communicate to the Scottish Ministers any objection to the proposal, and

• (c) the effect of paragraph 5 (consent to be withheld unless majority of tenants expressing a view on a ballot wish disposal to proceed).

• (4) The landlord must—

• (a) conduct a ballot of the tenants of the houses to which the application relates on the question whether the tenants wish the disposal to proceed, and

• (b) inform the Scottish Ministers of the results of the ballot.

• (5) The Scottish Ministers may issue guidance as to—

• (a) the conduct of a ballot under sub-paragraph (4),

• (b) the form and manner in which the landlord is to inform the Scottish Ministers of the results of the ballot,

and the landlord must have regard to such guidance.

Power to require further consultation

4

The Scottish Ministers may require the landlord to carry out such further consultation with its tenants, and to give them such information as to the results of that consultation, as they may direct.

Consent to be withheld unless majority of tenants in favour

5

• (1) The Scottish Ministers must not give their consent unless they are satisfied that a majority of the tenants who voted in the ballot under paragraph 3(4) wish the disposal to proceed; but this does not affect their general discretion to refuse consent on grounds relating to whether a disposal has the support of the tenants or on any other ground.

• (2) The Scottish Ministers may issue guidance as to the information about the results of the ballot under paragraph 3(4) which they require in considering whether they are satisfied as mentioned in sub-paragraph (1).

• (3) In making their decision the Scottish Ministers may have regard to any information available to them; and the landlord must give the Scottish Ministers such information as to the representations made to it by tenants and others, and other relevant matters, as they may require.

Protection of purchasers

6

The Scottish Ministers’ consent to a disposal is not invalidated by a failure on their part or that of the landlord to comply with the requirements of this schedule.

SCHEDULE 10

New Towns (Scotland) Act 1968 (c. 16)

1

In the New Towns (Scotland) Act 1968, in—

• (a) section 36B (additional power to dispose of property etc.), and

• (b) section 36D (transfer orders),

the words “Scottish Homes,” in each place where they occur are repealed.

Friendly and Industrial and Provident Societies Act 1968 (c. 55)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land Compensation (Scotland) Act 1973 (c. 56)

3

In the Land Compensation (Scotland) Act 1973—

• (a) in section 27(1)(f) (right to home loss payment), for the words from “48(2)” to “3” substitute “ 16(2) of the Housing (Scotland) Act 2001 (asp 10) on the ground set out in paragraph 10 of schedule 2 ”,

• (b) in section 29(7AA) (supplementary provisions about home loss payments)—

• (i) for the words from “47” to “3” substitute “ 14 of the Housing (Scotland) Act 2001 (asp 10) on the tenant specifying the ground set out in paragraph 10 of schedule 2 ”,

• (ii) for “15(2)” substitute “ 16(2) ”.

Land Tenure Reform (Scotland) Act 1974 (c. 38)

4

In section 8(7) (savings) of the Land Tenure Reform (Scotland) Act 1974, for “secure tenancy within the meaning of the Housing (Scotland) Act 1987” substitute “ Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001 (asp 10) ”.

House of Commons Disqualification Act 1975 (c. 24)

5

In Part II of Schedule 1 (offices disqualifying for membership) to the House of Commons Disqualification Act 1975, the entry relating to Scottish Homes is repealed.

Local Government (Scotland) Act 1975 (c. 30)

6

In section 23(1) (authorities subject to investigation by the Commissioner for Local Administration) of the Local Government (Scotland) Act 1975, paragraph (g) is repealed.

Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)

7

In section 13(11) (assessment of compensation on transfer of secure tenancy) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981—

• (a) for “secure tenancy within the meaning of Part III of the Housing (Scotland) Act 1987” substitute “ Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001 (asp 10) ”,

• (b) for “Part I of that Act” substitute “ Part III of the Housing (Scotland) Act 1987 (c.26) ”.

Finance Act 1981 (c. 35)

8

In section 107(3) (sale of houses at discount by local authorities etc.) of the Finance Act 1981, paragraph (d) is repealed.

Rent (Scotland) Act 1984 (c. 58)

9

• (1) The Rent (Scotland) Act 1984 is amended as follows.

• (2) In section 5(5A) (tenancy under a shared ownership agreement not to be a protected tenancy), for “section 106(2) of the Housing Associations Act 1985” substitute “ section 83(3) of the Housing (Scotland) Act 2001 (asp 10) ”.

• (3) In section 23A (excluded tenancies and occupancy rights)—

• (a) after subsection (4) insert—

(4A) Nothing in section 23 or 24 of this Act applies to a tenancy or right of occupancy if it was granted, for a term of less than 6 months, to a person— (a) who is under supervision in pursuance of the functions of a local authority under paragraph (b)(i), (ii) or (vi) of subsection (1) of section 27 (supervision and care of persons on probation, released from prison etc.) of the Social Work (Scotland) Act 1968 (c.49), or (b) who has requested, in accordance with paragraph (c) of that subsection, the provision of advice, guidance or assistance by a local authority in pursuance of the authority’s functions under that paragraph.

,

• (b) subsection (5)(e) is repealed.

• (4) In section 55 (tenancies to which sections 55 to 59 apply), for “section 106(2) of the Housing Associations Act 1985” substitute “ section 83(3) of the Housing (Scotland) Act 2001 (asp 10) ”.

Bankruptcy (Scotland) Act 1985 (c. 66)

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing Associations Act 1985 (c. 69)

11

• (1) The Housing Associations Act 1985 is amended as follows.

• (2) In section 1(1) (definition of “housing association”), the words “but does not include Scottish Homes” are repealed.

• (3) In section 2B (definition of “registered housing association” etc.)—

• (a) in the definition of “registered housing association”, for the words “maintained by Scottish Homes under section 3” substitute “ of social landlords maintained under section 57 of the Housing (Scotland) Act 2001 (asp 10) ”,

• (b) the definition of “registered social landlord” is repealed,

• (c) in the definition of “unregistered”, for the words from “maintained by Scottish Homes” to the end substitute “ of social landlords maintained under section 57 of the Housing (Scotland) Act 2001 (asp 10) ”.

• (4) The following provisions are repealed—

• sections 3 to 33,

• sections 36A to 40,

• sections 59 to 61,

• in section 106(2), the definition of “shared ownership agreement”,

• section 106(3).

Housing (Scotland) Act 1986 (c. 65)

12

Section 13(2) (amendment of section 106(2) of the Housing Associations Act 1985) of the Housing (Scotland) Act 1986 is repealed.

Housing (Scotland) Act 1987 (c. 26)

13

• (1) The Housing (Scotland) Act 1987 is amended as follows.

• (2) Sections 1, 12A and 17C are repealed.

• (3) In section 21 (publication of rules relating to the housing list and to transfer of tenants)—

• (a) in subsection (1), paragraphs (a)(i) and (b) are repealed,

• (b) in subsection (2), for the words from “housing” to the end of paragraph (a) substitute

social landlord— (a) to make rules governing the matters mentioned in subsection (1)(a)(ii) to (iv);

,

• (c) in subsection (3)—

• (i) paragraph (i) is repealed,

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) in paragraph (ii), for “the association under a” substitute “ a registered social landlord under a Scottish ”.

• (4) Sections 22 and 22A are repealed.

• (5) Sections 44 to 60 are repealed.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (21) In section 212(5) (rent increase notice provisions not to apply to secure tenancies), after “a” insert “ Scottish ”.

• (22) Section 214(9) (advances for purpose of rent to loan scheme) is repealed.

• (23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (30) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (31) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (32) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (33) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (34) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (35) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (36) In section 276 (repurchase by authority other than local authority, in the Table—

• (a) in entry 1 (registered housing associations etc.), in column 1, for the words from “housing” in the first place where it occurs to the end substitute “ social landlord or a predecessor of that landlord ”,

• (b) entry 2 (Scottish Homes and the Scottish Special Housing Association) is repealed.

• (37) In subsection (1) of section 281 (effect of repurchase on certain tenancies)—

• (a) for the words from “44” to “tenancy)” substitute “ 11(1)(b) (Scottish secure tenancy) of the Housing (Scotland) Act 2001 (asp 10) ”,

• (b) after “a” in the fifth place where it occurs insert “ Scottish ”.

• (38) In section 282 (grant of tenancy to former owner-occupier)—

• (a) in subsection (2)—

• (i) for the words from “44(2)” to “tenancies)” substitute “ 11(1)(b) (Scottish secure tenancy) of the Housing (Scotland) Act 2001 (asp 10) ”,

• (ii) after “a” insert “ Scottish ”,

• (b) in subsection (3)(a), after “a” insert “ Scottish ”.

• (39) In section 283 (grant of tenancy to former statutory tenant)—

• (a) in subsection (1)—

• (i) for the words from “44(2)” to “tenancies” substitute “ 11(1)(b) (Scottish secure tenancy) of the Housing (Scotland) Act 2001 (asp 10) ”,

• (ii) for “secure tenancy” substitute “ Scottish secure tenancy ”,

• (b) in subsection (3), after “a” in the third place where it occurs insert “ Scottish ”.

• (40) In section 286 (interpretation of sections 281 to 285)—

• (a) in paragraph (a), for “Part III (secure tenancies)” substitute “ the Housing (Scotland) Act 2001 (asp 10) ”,

• (b) in paragraph (c), after “a” in the first and third places where it occurs insert “ Scottish ”.

• (41) In section 338(1) (interpretation)—

• (a) after the definition of “registered housing association” insert—

“registered social landlord” has the same meaning as in the Housing (Scotland) Act 2001 (asp 10);

,

• (b) after the definition of “road” insert—

“Scottish secure tenancy” and “short Scottish secure tenancy” have the same meanings as in the Housing (Scotland) Act 2001 (asp 10);

,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (42) Schedules 2 to 5, 6A and 18 are repealed.

Housing (Scotland) Act 1988 (c. 43)

14

• (1) The Housing (Scotland) Act 1988 is amended as follows.

• (2) In section 1 (Scottish Homes)—

• (a) subsections (1) and (2) are repealed,

• (b) in subsection (3)—

• (i) for “Scottish Homes”, in the first place where those words occur, substitute “ the Scottish Ministers ”,

• (ii) paragraph (b) is repealed,

• (iii) in paragraph (e), for “housing associations”, in each place where those words occur, substitute “ social landlords ”,

• (iv) paragraph (g) is repealed.

• (3) In section 2 (general functions of Scottish Homes)—

• (a) subsection (1) is repealed,

• (b) in subsection (2)—

• (i) for the words from the beginning to “Scottish Homes” substitute “ For the purposes of the exercise of their general functions under section 1(3), the Scottish Ministers, so far as they do not otherwise have power to do so, ”,

• (ii) in paragraph (h), for “it” substitute “ them ”,

• (iii) in each of paragraphs (m) and (t), for “its” substitute “ their ”,

• (iv) in each of paragraphs (s), (u) and (v), for “its general functions and powers” substitute “ their general functions under section 1(3) ”,

• (v) in paragraph (t), for “it thinks” substitute “ they think ”,

• (vi) in paragraph (u), for “it”, in the first place where it occurs, substitute “ them ”,

• (vii) in paragraph (v), for “its”, in the first place where it occurs, substitute “ their ”,

• (c) subsections (3) to (5), (7), (10) and (11) are repealed.

• (4) Sections 2A to 8, 10 and 11 are repealed.

• (5) In section 56 (right to acquire)—

• (a) in subsection (1), the words “or Scottish Homes” are repealed,

• (b) in subsection (3), paragraph (e) is repealed,

• (c) in subsection (4), for the words “secure tenant” substitute “ tenant under a Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001 (asp 10) ”.

• (6) In section 57 (persons by whom right may be exercised)—

• (a) in subsection (1)—

• (i) for “Scottish Homes” in the first place where those words occur substitute “ the Scottish Ministers ”,

• (ii) the words “or by Scottish Homes” and “(other than Scottish Homes)” are repealed,

• (b) in subsection (3), for “Scottish Homes” substitute “ the Scottish Ministers ”.

• (7) In section 58 (application to exercise right and offer to sell)—

• (a) in subsection (1), the words “or, as the case may be, Scottish Homes” are repealed,

• (b) in subsection (2), at the end insert “ and a person living with the tenant or joint tenant in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex ”,

• (c) in subsection (3), for the words from “on Scottish Homes” to the end substitute “ the Scottish Ministers ”,

• (d) in subsection (7)(c), the words “Scottish Homes or” are repealed,

• (e) in subsection (8)(a), the words “Scottish Homes or” in both places where they occur are repealed.

• (8) In section 63 (consent for subsequent disposal)—

• (a) in subsection (1)—

• (i) the words “other than Scottish Homes” are repealed,

• (ii) for “Scottish Homes” in the second place where those words occur substitute “ the Scottish Ministers ”,

• (b) in subsection (2A)—

• (i) for “Scottish Homes” substitute “ the Scottish Ministers ”,

• (ii) for “itself” substitute “ themselves ”,

• (c) in subsection (3), for the words from “Scottish Homes” to “dispositions)” substitute “ the Scottish Ministers under section 66 of the Housing (Scotland) Act 2001 (asp 10) (consent for disposal by registered social landlord) ”.

• (9) In section 65 (cost floor limit on discount on price of house purchased by secure tenant), subsection (5) is repealed.

• (10) Schedule 1 is repealed.

• (11) In Schedule 2 (consequential amendments), paragraphs 2, 3(a), 4, 6 and 14 are repealed.

• (12) In Schedule 4 (tenancies which cannot be assured tenancies)—

• (a) in paragraph 11—

• (i) sub-paragraphs (b) to (d) are repealed,

• (ii) after sub-paragraph (e) insert—

(ea) a registered social landlord within the meaning of the Housing (Scotland) Act 2001 (asp 10);

,

• (iii) sub-paragraph (f) is repealed,

• (b) after paragraph 11 insert—

(11A) A tenancy granted, for a term of less than 6 months, to a person— (a) who is under supervision in pursuance of the functions of a local authority under paragraph (b)(i), (ii) or (vi) of subsection (1) of section 27 (supervision and care of persons on probation, released from prison etc.) of the Social Work (Scotland) Act 1968 (c.49), or (b) who has requested, in accordance with paragraph (c) of that subsection, the provision of advice, guidance or assistance by a local authority in pursuance of the authority’s functions under that paragraph.

,

• (c) in paragraph 12, for “the Housing Associations Act 1985” substitute “ section 83(3) of the Housing (Scotland) Act 2001 (asp 10) ”.

• (13) In Part III (suitable alternative accommodation) of Schedule 5 (grounds for possession of houses let on assured tenancies)—

• (a) in paragraph 1—

• (i) the words “or, in any case, of Scottish Homes” are repealed,

• (ii) for “, the Corporation or, as the case may be, Scottish Homes,” substitute “ or the Corporation, ”,

• (b) in paragraph 3—

• (i) in sub-paragraph (1)(a), the words “or by Scottish Homes” are repealed,

• (ii) in sub-paragraph (2), the words “or of Scottish Homes” are repealed,

• (c) in paragraph 5, the words “or of Scottish Homes” are repealed,

• (d) in paragraph 6, for “, development corporations and Scottish Homes” substitute “ and development corporations ”.

• (14) In Schedule 7 (amendments of Housing (Scotland) Act 1987 connected with consolidation), paragraphs 1 and 2 are repealed.

• (15) In Schedule 9 (consequential amendments), paragraphs 6, 8 to 10 and 21 are repealed.

Housing Act 1988 (c. 50)

15

• (1) The Housing Act 1988 is amended as follows.

• (2) Sections 48 and 49 are repealed.

• (3) In section 52 (recovery etc. of grants)—

• (a) in subsection (1), for “housing association” substitute “ social landlord ”,

• (b) in subsection (2)(c), for “association” in both places where it occurs substitute “ landlord ”,

• (c) in subsection (3)—

• (i) for “an association” substitute “ a registered social landlord ”,

• (ii) for “association” in the second place where it occurs insert “ landlord ”,

• (d) in subsection (4), for “an association” substitute “ a registered social landlord ”,

• (e) in subsection (5)—

• (i) for “an association” substitute “ a registered social landlord ”,

• (ii) for “housing association” substitute “ social landlord ”,

• (iii) for “association” in the third and fourth places where it occurs substitute “ landlord ”,

• (f) after subsection (9) insert—

(10) In this section and section 53, “registered social landlord” has the same meaning as in the Housing (Scotland) Act 2001 (asp 10).

• (4) In section 53 (determinations)—

• (a) in subsection (1)(b), for “housing associations” substitute “ registered social landlords ”,

• (b) in subsection (3)—

• (i) for “housing associations” substitute “ registered social landlords ”,

• (ii) for “associations” in the second place where it occurs substitute “ landlords ”.

• (5) Sections 54 and 55 are repealed.

• (6) In section 59 (interpretation of Part II and amendments of the Housing Associations Act 1985)—

• (a) in subsection (1)(b), for “Scottish Homes” substitute “ the Scottish Ministers ”,

• (b) subsection (2)(b) is repealed.

• (7) Sections 128, 134 and 135 are repealed.

• (8) In Schedule 6 (amendments of Housing Associations Act 1985), paragraphs 3 to 22, 25 and 26 are repealed.

• (9) Schedule 16 is repealed.

Local Government and Housing Act 1989 (c. 42)

16

In the Local Government and Housing Act 1989, sections 177, 178(1), 179 and 181 are repealed.

Social Security Administration Act 1992 (c. 5)

17

In section 191 (interpretation) of the Social Security Administration Act 1992, in the definition of “housing authority”, for “, a new town corporation or Scottish Homes” substitute “ or a new town corporation ”.

Taxation of Chargeable Gains Act 1992 (c. 12)

18

• (1) Section 218(4) (disposals of land between Scottish Homes and housing associations) of the Taxation of Chargeable Gains Act 1992 is repealed.

• (2) In section 219(2) (disposals by Scottish Homes) of that Act, for “the Secretary of State or Scottish Homes” substitute “ or the Secretary of State ”.

Local Government Finance Act 1992 (c. 14)

19

• (1) In section 75 (persons liable to pay council tax) of the Local Government Finance Act 1992—

• (a) in subsection (2)(c), after “resident” in the third place where it occurs insert “ Scottish ”,

• (b) in subsection (5), for the definition of “secure tenant” substitute—

“Scottish secure tenant” means a tenant under a Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001 (asp 10);

.

• (2) In section 99(1) (interpretation of Part II) of that Act, in the definition of “housing body”, paragraph (c) and the preceding “or” are repealed.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

20

The following provisions of the Leasehold Reform, Housing and Urban Development Act 1993 are repealed—

Local Government etc. (Scotland) Act 1994 (c. 39)

21

In Schedule 13 (minor and consequential amendments) to the Local Government etc. (Scotland) Act 1994, paragraph 152(8) is repealed.

Requirements of Writing (Scotland) Act 1995 (c. 7)

22

In Schedule 4 (minor and consequential amendments) to the Requirements of Writing (Scotland) Act 1995, paragraphs 59 and 60 are repealed.

Children (Scotland) Act 1995 (c. 36)

23

In Schedule 4 (minor and consequential amendments) to the Children (Scotland) Act 1995, paragraph 42 is repealed.

Housing Act 1996 (c. 52)

24

Paragraph 9 of Schedule 3 (social rented sector: minor amendments) to the Housing Act 1996 is repealed.

Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)

25

In Schedule 2 (consequential amendments) to the Planning (Consequential Provisions) (Scotland) Act 1997, paragraph 40(3) is repealed.

Data Protection Act 1998 (c. 29)

26

In Schedule 12 (accessible public records) of the Data Protection Act 1998—

• (a) in the Table in paragraph 4, the entry “Scottish Homes” is repealed,

• (b) in paragraph 5(3), the words “or Scottish Homes” and “or, as the case may be, Scottish Homes” are repealed.

Crime and Disorder Act 1998 (c. 37)

27

In section 23 (anti-social behaviour as ground of eviction) of the Crime and Disorder Act 1998, subsections (1) to (3) are repealed.

Public Finance and Accountability (Scotland) Act 2000 (asp 1)

28

• (1) Paragraph 3 of schedule 1 (capital expenditure of, and borrowing by, certain statutory bodies) to the Public Finance and Accountability (Scotland) Act 2000 is repealed.

• (2) Paragraph 7 of schedule 4 (modification of enactments) to that Act is repealed.

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

29

In schedule 3 (devolved public bodies) to the Ethical Standards in Public Life etc. (Scotland) Act 2000, the entry relating to Scottish Homes is repealed.

Homelessness strategies

Review of decisions

Duty of registered social landlord: further provision

Duty of registered social landlord: further provision

Proceedings for possession

Appeals

Interpretation of Chapter 1

Tenant participation

Premises occupied under contract of employment

Limitation on right to buy: registered social landlords

Initial notice to be given to the Scottish Ministers

Friendly and Industrial and Provident Societies Act 1968 (c.55)

Disposals to which this schedule applies

New Towns (Scotland) Act 1968 (c.16)

The register of social landlords

Inspections

Land Tenure Reform (Scotland) Act 1974 (c.38)

Land Tenure Reform (Scotland) Act 1974 (c.38)

House of Commons Disqualification Act 1975 (c.24)

House of Commons Disqualification Act 1975 (c.24)

Police and fire service accommodation

Qualified persons

Rent (Scotland) Act 1984 (c.58)

Housing (Scotland) Act 1986 (c.65)

Housing (Scotland) Act 1987 (c.26)

Housing (Scotland) Act 1987 (c.26)

Housing (Scotland) Act 1986 (c.65)

Anti-social behaviour order

Equal opportunities

Police and fire service accommodation

Land Tenure Reform (Scotland) Act 1974 (c.38)

Application for consent of the Scottish Ministers

Previous anti-social behaviour

Local Government (Scotland) Act 1975 (c.30)

Company: power to appoint new director

Appointment of auditors by industrial and provident societies

Inquiry

Interpretation

Bankruptcy (Scotland) Act 1985 (c.66)

Housing Associations Act 1985 (c.69)

Housing Associations Act 1985 (c.69)

Land Tenure Reform (Scotland) Act 1974 (c.38)

Housing Act 1988 (c.50)

Finance Act 1981 (c.35)

Bankruptcy (Scotland) Act 1985 (c.66)

Local Government and Housing Act 1989 (c.42)

Local Government Finance Act 1992 (c.14)

Data Protection Act 1998 (c.29)

Housing Act 1988 (c.50)

Social Security Administration Act 1992 (c.5)

Taxation of Chargeable Gains Act 1992 (c.12)

Local Government Finance Act 1992 (c.14)

Leasehold Reform, Housing and Urban Development Act 1993 (c.28)

Data Protection Act 1998 (c.29)

Editorial notes