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Housing (Scotland) Act 2001

Current text a fecha 2005-10-05

PART 1 — HOMELESSNESS AND ALLOCATION OF HOUSING

Homelessness strategies

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review its homelessness strategy and prepare and submit to the Scottish Ministers a revised homelessness strategy.

Advice on homelessness etc.

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is available free of charge to any person in the authority’s area.

Homeless persons and persons threatened with homelessness

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; or (e) it is not permanent accommodation, in circumstances where, immediately before the commencement of his occupation of it, a local authority had a duty under section 31(2) in relation to him.

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(5) For the purposes of subsection (3)(e), “permanent accommodation” includes accommodation— (a) of which the person is the heritable proprietor, (b) secured by a Scottish secure tenancy, (c) secured by an assured tenancy that is not a short assured tenancy, (d) where paragraph 1 or 2 of schedule 6 to the Housing (Scotland) Act 2001 (asp 10) is satisfied in relation to the person, secured by a short Scottish secure tenancy.

(5) For the purposes of subsection (2), “permanent accommodation” includes accommodation— (a) secured by a Scottish secure tenancy, (b) secured by an assured tenancy that is not a short assured tenancy, (c) where paragraph 1 or 2 of schedule 6 to the Housing (Scotland) Act 2001 (asp10) is satisfied in relation to the applicant, secured by a short Scottish secure tenancy.

(b) that does not meet any special needs of the applicant and any other person referred to in section 24(2), or (c) that it is not reasonable for the applicant to occupy.

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(6) Regulations made by virtue of section 31(3)(b) or subsection (3) above may make different provision for different purposes and different areas. (7) Before making any such regulations, the Scottish Ministers shall consult— (a) such associations representing local authorities, and (b) such other persons, as they think fit on the proposed regulations. (8) In exercising their functions under section 31 or this section in respect of a person falling within section 25(1)(b), the local authority shall have regard to the best interests of the dependent children referred to in that provision.

(32A) (1) The provisions of— (a) section 31(2) so far as requiring that accommodation is to be permanent accommodation (within the meaning of section 31(5)), and (b) section 32(5)(b), do not apply in such circumstances as may be prescribed. (2) Where— (a) accommodation has been provided under section 31(2), and (b) by virtue of subsection (1) above, that accommodation is not permanent accommodation (within the meaning of section 31(5)) or does not meet the special needs of the applicant and any other person referred to in section 24(2), section 26 does not apply.

(5) For the purposes of subsection (1), “accommodation” has the meaning given in section 32(5). (6) For the purposes of subsections (2) and (3)(a), “permanent accommodation” has the meaning given in section 31(5) as read with section 32(5).

Review of decisions

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(b) where the applicant has, under section 35A, requested a review of a decision of the authority, until they have notified him in accordance with section 35B of the decision reached on review.

(4A) They shall also notify him— (a) that he may request a review of the decision and of the time within which such a request must be made, and (b) of the advice and assistance that is available to him in connection with any such review.

(3A) The notifying authority shall also notify him— (a) that he may request a review of the determination and of the time within which such a request must be made, and (b) of the advice and assistance that is available to him in connection with any such review.

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(35A) (1) Where an applicant requests a review of a decision to which subsection (2) applies, the local authority concerned shall review the decision. (2) This subsection applies to the following decisions of a local authority— (a) any decision as to what duty (if any) is owed to the applicant under section 31 or 32, (b) any decision to notify another authority under section 33(1), (c) any determination under section 33(4) or 34(2) as to whether the conditions for referral of an application are satisfied, (d) where accommodation is secured for the applicant under section 31, 32 or 34, any decision as to whether the provision of that accommodation discharges the authority’s duty to the applicant under that section. (3) A request for a review shall be made before the end of the period of 21 days beginning with the day on which the applicant is notified of the decision or such longer period as the authority may allow. (4) There is no right to request a review of a decision reached on review. (35B) (1) A review under section 35A shall be carried out by a person senior to the person who made the decision being reviewed and who had no involvement in the making of that decision. (2) The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision reached on review. (3) If the decision is— (a) to confirm the original decision on any issue against the interests of the applicant, or (b) to confirm a previous decision— (i) to notify another authority under section 33(1), or (ii) that the conditions are met for referral of his case, the authority shall also notify him of the reasons for the decision. (4) Where subsection (3) applies, notice of the decision shall not be treated as given unless and until that subsection is complied with. (5) Any notice required to be given to an applicant under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

Duty of registered social landlord to provide accommodation

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as they think fit.

Duty of registered social landlord: further provision

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the local authority and the landlord must appoint an arbiter to determine the issue.

Persons living in hostel and other short-term accommodation

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as they think fit on the proposed regulations.

Common housing registers

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Housing lists

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For section 19 (admission to housing list) of the 1987 Act substitute—

(19) (1) An applicant for housing held by a local authority or a registered social landlord is entitled to be admitted to a housing list unless the applicant is under 16 years of age. (2) In this section, “housing list” means a list of applicants for housing which is kept by any housing provider or jointly by or on behalf of any two or more housing providers in connection with the allocation of housing held by it or them for housing purposes. (3) In subsection (2), “housing provider” means any local authority or any registered social landlord.

Allocation of housing

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(b) to homeless persons and persons threatened with homelessness (within the meaning of Part II).

(iii) any liability (for payment of rent or otherwise) of the applicant which is attributable to the applicant’s tenancy of a house but which is no longer outstanding; or (iv) any such liability which is outstanding but in respect of which subsection (2A) is satisfied; or (v) any outstanding liability of the applicant or of any person who it is proposed will reside with the applicant which is not attributable to the tenancy of a house; or (vi) except to the extent permitted by subsection (2B), the age of the applicant provided that the applicant has attained the age of 16 years; or (vii) the income of the applicant and his family; or (viii) whether, or to what value, the applicant or any of his family owns or has owned (or any of them own or have owned) heritable or moveable property;

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(aa) shall take no account of whether an applicant is resident in their area if the applicant— (i) is employed, or has been offered employment, in the area; or (ii) wishes to move into the area and they are satisfied that his purpose in doing so is to seek employment; or (iii) wishes to move into the area to be near a relative or carer; or (iv) has special social or medical reasons for requiring to be housed within the area; or (v) is subject to conduct amounting to harassment (“conduct” and “harassment” being construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40)) and wishes to move into the area; or (vi) runs the risk of domestic violence (within the meaning of section 33(3)) and wishes to move into the area; and

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(2A) This subsection is satisfied in respect of an outstanding liability where— (a) the amount of the outstanding liability is not more than one twelfth of the annual amount payable (or which was payable) by the applicant to the landlord in respect of the tenancy in question; or (b) the applicant— (i) has agreed with the landlord an arrangement for paying the outstanding liability; (ii) has made payments in accordance with that arrangement for at least three months; and (iii) is continuing to make such payments. (2B) A local authority and a registered social landlord may take into account the age of applicants in the allocation of— (a) houses which have been designed or substantially adapted for occupation by persons of a particular age group; (b) houses to persons who are or are to be in receipt of housing support services (within the meaning of section 91 of the Housing (Scotland) Act 2001 (asp 10)) for persons of a particular age group.

(4) In the application of this section to registered social landlords, any reference to their area means the local authority area or areas, or the part of that area or those areas, in which the registered social landlord holds houses for housing purposes.

PART 2 — TENANTS OF SOCIAL LANDLORDS

CHAPTER 1 — SCOTTISH SECURE TENANCIES

Creation and termination of tenancy

Scottish secure tenancy

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specified, or of a description specified, in an order made by the Scottish Ministers, or is Scottish Water,

the other house is to be taken, for the purposes of this Chapter except sections 12 to 16 and paragraph 4 of schedule 1, to be the house which the tenant normally occupies.

Restriction on termination of tenancy

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accommodated temporarily in another house the landlord of which is a landlord mentioned in section 11(1)(b).

Termination of joint tenant’s interest in tenancy

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A joint tenant under a Scottish secure tenancy may bring to an end that tenant’s interest in the tenancy by 4 weeks’ notice given to the landlord and each of the other joint tenants under the tenancy.

Proceedings for possession

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whichever is later, on or after which the landlord may raise proceedings for recovery of possession.

Rights of qualifying occupiers in possession proceedings

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Where a qualifying occupier applies to the court to be sisted as a party to proceedings under section 14, the court must grant the application.

Powers of court in possession proceedings

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at that date.

the court must make an order that the tenant is entitled to return to the house after the work is completed; and subsection (5)(a) does not apply in such a case.

Abandoned tenancies

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Repossession

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the landlord may serve a further notice on the tenant bringing the tenancy to an end with immediate effect.

Tenant’s recourse to court

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Abandonment by joint tenant

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the landlord may serve a further notice on the abandoning tenant bringing the abandoning tenant’s interest in the tenancy to an end with effect from a date specified in the notice, being a date not earlier than 8 weeks after the date of service of the notice.

Joint tenancies: abandoning tenant’s recourse to court

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Succession

Succession to Scottish secure tenancy

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the landlord must make other suitable accommodation available to that person.

Tenancy agreement and information

Tenant’s right to written tenancy agreement and information

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Variation

Restriction on variation of tenancy

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Increase in rent or charges

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Variation of tenancy by court order

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but the landlord refuses or fails to agree the variation, the tenant may raise proceedings by summary application.

Repairs and improvements

Repairs

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Landlord’s consent to work

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but does not include repairs or maintenance of any of these.

Reimbursement of cost of work

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Right to compensation for improvements

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Effect of work on rent

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In assessing the rent to be payable under a Scottish secure tenancy by—

no account is to be taken at any time of any improvement in the value or amenities of the house resulting from the work.

Assignation, subletting and exchanges

Assignation, subletting etc.

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has been or is to be received by the tenant in consideration of the assignation, subletting or other transaction,

and Part VII (rent assessment) of that Act does not apply to such an assignation, subletting or other transaction.

Exchange of house

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Short Scottish secure tenancies

Short Scottish secure tenancies

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and the continued tenancy is a short Scottish secure tenancy despite subsection (1) not being satisfied.

Conversion to short Scottish secure tenancy

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Recovery of possession

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whichever is later, on or after which the landlord may raise proceedings for recovery of possession.

at that date.

Conversion to Scottish secure tenancy

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the tenancy becomes, by virtue of this section, a Scottish secure tenancy with effect from the expiry of that period.

the tenancy becomes, by virtue of this section, a Scottish secure tenancy with effect from the date on which the notice ceased to be in force or was withdrawn or the expiry of that period of 12 months, whichever is the later,

Miscellaneous and general

Appeals

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may raise proceedings by summary application.

Application of sections 23 to 33 to other tenancies

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Where a tenancy is excluded from being a Scottish secure tenancy only by the operation of paragraph 1 or 9 of schedule 1, sections 23 to 33 apply to the tenancy as if it were a Scottish secure tenancy.

Notices

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Interpretation of Chapter 1

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In this Chapter, unless otherwise expressly provided—

CHAPTER 2 — RIGHT TO BUY

The qualifying conditions

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(iv) the landlord may, if it thinks fit, disregard as not affecting continuity any interruption in occupation which appears to it to result from circumstances outwith the control of the person in question.

Exemptions from right to buy

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(ca) where a landlord which is a registered social landlord is a co-operative housing association;

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(e) where a registered social landlord is registered as such by virtue of section 57(2) of the Housing (Scotland) Act 2001 (asp 10) and was, on the date on which that Act received Royal Assent, a recognised body within the meaning of section 1(7) (Scottish charities) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40);

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(ea) to a house that is one of a group of houses which has been designed for persons with special needs where one or more of the following conditions is satisfied— (i) the houses are provided with, or situated near, special facilities for use by their tenants (whether or not exclusively), (ii) the tenants of the houses are provided with housing support services (within the meaning of section 91 of the Housing (Scotland) Act 2001 (asp 10)).

Limitation on right to buy: registered social landlords

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After section 61 of the 1987 Act insert—

(61A) (1) Subject to subsection (2), this section applies to a Scottish secure tenancy where the landlord is a registered social landlord and— (a) the tenancy was created on or after the date specified in relation to the landlord in an order under section 11(1) of the Housing (Scotland) Act 2001 (asp 10), or (b) the tenancy became a Scottish secure tenancy by virtue of such an order. (2) This section does not apply— (a) to a tenancy of a house acquired by the landlord after the date referred to in subsection (1)(a), (b) to a tenancy of a house constructed by the landlord after that date if an offer of grant in connection with the construction was made by the Scottish Ministers or a local authority after that date, (c) in such other circumstances as the Scottish Ministers may specify by order made by statutory instrument. (3) Where this section applies, section 61(1) does not apply in relation to a house let under the tenancy until the expiry of— (a) the period of 10 years beginning with the date referred to in subsection (1)(a), and (b) any further period determined under subsection (4). (4) The Scottish Ministers may if they think fit, on an application made by the landlord before the expiry of a period mentioned in subsection (3)(a) or (b), determine a further period, not exceeding 10 years, for the purposes of paragraph (b) of that subsection. (5) The Scottish Ministers may issue guidance as to— (a) the form of such an application, (b) the information to be provided by the landlord in support of such an application. (6) Before making an application under subsection (4), the landlord shall consult— (a) any heritable creditor of the landlord having an interest in a house of the landlord’s in relation to which this section applies, and (b) such other persons as it thinks fit. (7) If a registered social landlord so elects by notice in writing to the Scottish Ministers, subsection (3) ceases, on the date specified in the notice, to have effect in relation to houses let (whether before or after that date) by the landlord. (8) A notice given under subsection (7) cannot be withdrawn after the date specified in it. (9) Where a landlord gives a notice under subsection (7) it shall take such steps as are reasonable to inform— (a) those of its tenants affected by the operation of subsection (3), and (b) any heritable creditor referred to in subsection (6)(a), that the notice has been given and of its effect. (10) A statutory instrument containing an order under subsection (2)(c) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Limitation on right to buy: pressured areas

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After section 61A of the 1987 Act insert—

(61B) (1) The Scottish Ministers may, from time to time, on a proposal from a local authority, designate any part of the local authority’s area as a pressured area if they consider that— (a) the needs of that part for housing accommodation in houses provided by the authority or by registered social landlords exceed substantially, or are likely to exceed substantially, the amount of such housing accommodation which is, or is likely to be, available in that part, and (b) the exercise by tenants of houses in that part of the right under section 61(1) to purchase such houses is likely to increase the extent by which such needs exceed the amount of such housing accommodation. (2) A designation under subsection (1)— (a) may be in terms of the proposal or in such other terms as the Scottish Ministers think fit, (b) has effect for such period, not exceeding 5 years, as the Scottish Ministers may specify. (3) For so long as an area is designated as a pressured area, section 61(1) does not apply in relation to a house in the area— (a) let under a tenancy created on or after the date specified in relation to the landlord in an order under section 11(1) of the Housing (Scotland) Act 2001 (asp 10), or (b) let under a tenancy created before that date where— (i) the tenant did not, immediately before that date, have a right under section 61(1) to purchase the house, or (ii) the tenant succeeded to the tenancy on or after that date. (4) In determining for the purposes of subsection (3)(b)(i) whether a tenant had a right to purchase a house, section 61(2)(c) is to be left out of account. (5) A designation under subsection (1) shall— (a) identify the pressured area, (b) specify the date on which the designation takes effect, and (c) specify the period for which it has effect. (6) The local authority shall take such steps as are reasonable to publicise— (a) a designation under subsection (1) and its effect, (b) any amendment or revocation of such a designation under subsection (8) and its effect. (7) Where a local authority landlord or a registered social landlord offers a person a tenancy of a house in an area in relation to which, on the proposed commencement date of the tenancy, a designation under subsection (1) will be in force, the landlord shall inform the person of the designation and its effect. (8) A designation under subsection (1) may be amended or revoked by the Scottish Ministers at any time if the local authority propose that they should do so and provide reasons for that proposal sufficient to justify the amendment or revocation. (9) A local authority may make a further proposal under subsection (1) in relation to a part of their area despite a designation under that subsection being, or having been, in force in relation to that part. (10) Nothing in this section affects a notice to purchase served prior to the designation of an area as a pressured area. (61C) (1) A proposal by a local authority under section 61B(1) shall specify— (a) the part of their area proposed for designation as a pressured area, and (b) the period, not exceeding 5 years, for which it is proposed the designation should have effect. (2) The Scottish Ministers may issue guidance as to— (a) the form of such a proposal, (b) the information to be provided by a local authority in support of such a proposal. (3) Before making a proposal under section 61B(1) in relation to any part of their area a local authority shall consult— (a) every registered social landlord holding houses for housing purposes in the part in question, and (b) such bodies representing the interests of tenants and other residents in that part, and such other persons, as the authority think fit.

Limitation on right to buy: arrears of rent, council tax etc.

46

(61D) (1) Subsections (2) and (3) apply where a tenant serves on a landlord an application to purchase at a time when the tenant, or any joint purchaser (within the meaning of section 61(6))— (a) has not paid the landlord rent or any other charge lawfully due to the landlord under that or any other tenancy, or (b) has not paid any sum lawfully due in respect of— (i) council tax in respect of the house or any other house in the local government area in which the house is situated, or (ii) water and sewerage charges in relation to the house or any other such house. (2) If the landlord is a local authority landlord, it is entitled (but not required) to serve on the tenant a notice of refusal under section 68. (3) If the landlord is a registered social landlord— (a) where the sum is a sum referred to in subsection (1)(a), the landlord is entitled (but not required) to serve such a notice on the tenant, (b) where the sum is a sum referred to in subsection (1)(b), the landlord shall— (i) consult the local authority for the area in which the house is situated, and (ii) serve such a notice on the tenant unless the authority agree that such a notice should not be served.

(1A) Where the landlord is a registered social landlord the tenant shall, when serving on the landlord the application to purchase, give the landlord a certificate issued by the local authority for the area in which the house is situated stating— (a) whether the tenant and any joint purchaser have, as at the date of the certificate (which must be no more than one month before the date of the application to purchase), paid the sums referred to in section 61D(1)(b), and (b) if they have not, the amount of any such sum lawfully due by the tenant or, as the case may be, the joint purchaser as at the date of the certificate. (1B) A local authority shall, on the application of a tenant or joint purchaser referred to in subsection (1A), issue to that person free of charge a certificate as to the matters specified in paragraphs (a) and (b) of that subsection so far as relating to that person. (1C) A certificate under subsection (1B) shall be issued not later than 21 days after the receipt of the application by the authority.

Limitation on right to buy: conduct

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After section 61D of the 1987 Act insert—

(61E) (1) Subsection (3) applies where— (a) the landlord has served on the tenant a notice under section 14(2) of the Housing (Scotland) Act 2001 (asp 10) specifying a ground set out in any of paragraphs 1 to 7 of schedule 2 to that Act as the ground on which proceedings for recovery of possession of the house are to be raised, and (b) neither of the following has occurred— (i) the notice has ceased to be in force in accordance with section 14(5) of that Act or has been withdrawn by the landlord without proceedings for recovery of possession having been raised, or (ii) such proceedings have been raised and have been finally determined. (2) For the purposes of subsection (1)(b)(ii) proceedings are finally determined when— (a) the period for appealing against the interlocutor disposing of the proceedings has expired without an appeal being lodged, or (b) where an appeal has been lodged, the appeal is withdrawn or finally determined. (3) Where this subsection applies, section 61(1) does not apply in relation to the house referred to in subsection (1) of this section. (4) Nothing in this section affects an application to purchase served prior to service of the notice referred to in subsection (1).

Houses liable to demolition

48

After section 70 of the 1987 Act insert—

(70A) (1) Where— (a) an application to purchase a house liable to demolition is served on a landlord, and (b) it appears to the landlord that the tenant would, apart from this section, have a right under section 61 to purchase the house, the landlord may, within one month of service of the application to purchase, instead of serving an offer to sell on the tenant, apply to the Scottish Ministers for authority to serve a notice of refusal. (2) For the purposes of this section a house is liable to demolition if the landlord has made a decision to demolish the house. (3) An application to the Scottish Ministers under subsection (1) shall be accompanied by such information in support of the application as the Scottish Ministers may prescribe by order made by statutory instrument. (4) The Scottish Ministers may grant such an application if they consider it reasonable to do so in all the circumstances; and in deciding whether to grant the application they shall have regard in particular to— (a) the period which is expected to elapse before the landlord demolishes the house in question; and (b) the extent to which, before deciding to demolish the house, the landlord consulted the tenant about the proposal to demolish it and the effect of the proposal on the tenant’s right under section 61 to purchase it. (5) Where the Scottish Ministers grant such an application the landlord shall serve on the tenant a notice of refusal under this section as soon as practicable, and in any event within one month of the granting of the application. (6) Where the Scottish Ministers refuse such an application the landlord shall serve on the tenant an offer to sell under section 63(2) before— (a) the expiry of the period of one month beginning with the refusal; or (b) if later, the expiry of the period mentioned in that section. (7) A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Discounts

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(a) 20 per cent of the market value of the house,

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(3B) Where a previous discount was received by two or more persons jointly, subsection (3A) has effect as if each of them had received an equal proportion of the discount.

(5A) The Scottish Ministers may by order vary the maximum amount of discount for the time being specified in subsection (3).

Assistance to tenants to obtain other accommodation

50

or (aa) by acquiring an interest in land and building a house on the land,

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(2A) A provision of a scheme made in pursuance of subsection (2)(a) above may in particular specify, or provide for the determination of, persons as qualifying tenants by reference to the houses to which the tenancies relate being situated in an area designated as a pressured area under section 61B of the Housing (Scotland) Act 1987 (c.26).

(5A) The Scottish Ministers may issue guidance as to the form and content of schemes made by local authorities under this section; and in considering whether to approve any such scheme, the Scottish Ministers shall have regard to the extent to which it complies with any such guidance.

Right to buy: miscellaneous repeals

51

Reports on right to buy

52

prepare and publish a report on the matters set out in subsection (2).

CHAPTER 3 — TENANT PARTICIPATION

Tenant participation

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may appeal against the decision to the Scottish Ministers, who may confirm or reverse the decision.

Consultation with tenants and registered tenant organisations

54

and must have regard to any representations made to it, within such reasonable period as is specified in the notice, by the tenant or any such organisation in relation to the proposal.

Tenant management agreements

55

Tenant management agreements: further provision

56

PART 3 — REGULATION OF SOCIAL LANDLORDS

CHAPTER 1 — REGISTERED SOCIAL LANDLORDS

Registration

The register of social landlords

57

Eligibility for registration

58

and that any additional purposes or objects are among those specified in subsection (3).

Registration

59

Removal from the register

60

the Scottish Ministers may, after giving the body at least 14 days’ notice, remove it from the register.

Criteria for registration or removal from register

61

as they think fit.

Appeal against decision on registration or removal

62

may appeal against the decision to the Court of Session.

Regulation

Regulation of registered social landlords

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Schedule 7, which makes provision about the regulation of registered social landlords, has effect.

Insolvency etc. of registered social landlords

64

Schedule 8, which makes provision about the insolvency etc. of registered social landlords, has effect.

Disposal of land and related matters

Power of registered social landlord to dispose of land

65

Consent required for disposal of land by registered social landlord

66

and may be given subject to conditions.

Disposals not requiring consent

67

Disposals of land: consultation with tenants

68

and must inform the Scottish Ministers of the views expressed by those consulted.

Housing management

Inspections

69

Inspection reports

70

Appointment of manager

71

to conduct the affairs of the landlord, or such of the affairs as the Scottish Ministers may specify.

CHAPTER 2 — LOCAL AUTHORITY HOUSING MANAGEMENT

Inspections

72

Inspection reports

73

Remedial plans

74

unless they have given the authority notice of their intention to do so and have had regard to any comments received from the authority within such period as the Scottish Ministers may specify.

Remedial plans: appointment of manager

75

and must have regard to any comments received from them within such period as the Scottish Ministers may specify.

CHAPTER 3 — COMMON PROVISIONS

Disposals of tenanted houses: consultation and consent

Disposals of tenanted houses: consultation and consent

76

Information

Power to obtain information

77

Power to obtain information: further provision

78

Guidance

Issue of guidance by the Scottish Ministers

79

Code of good practice

Code of good practice

80

publish a further such statement.

Charges for regulatory functions

Charges for regulatory functions of the Scottish Ministers

81

CHAPTER 4 — INTERPRETATION OF PART 3

Meaning of “subsidiary” and “associate”

82

Interpretation of Part 3

83

PART 4 — SCOTTISH HOMES

Transfer of functions to the Scottish Ministers

84

The functions of Scottish Homes are transferred to the Scottish Ministers.

Property and liabilities

85

Transfer of staff

86

Dissolution etc.

87

PART 5 — STRATEGIC HOUSING FUNCTIONS

The Scottish Ministers

Statement on fuel poverty

88

as they think fit.

Local authorities

Local housing strategies

89

with a view to accomplishing the purpose set out in subsection (5).

Grants for housing purposes

90

and related matters,

as the Scottish Ministers think fit.

Grants for housing support services

91

as the Scottish Ministers think fit.

as they think fit.

Assistance for housing purposes

92

or related matters.

may be provided only with the consent of the Scottish Ministers.

Assistance for housing purposes: further provision

93

as they think fit.

Alteration of housing finance arrangements

94

and the authority must comply with the direction.

Meaning of “fuel poverty”

Meaning of “fuel poverty”

95

as they think fit.

PART 6 — GRANTS FOR IMPROVEMENT, REPAIRS ETC.

Improvement grants

Extension of power to make improvement grants

96

(ia) replacement of unsafe electrical wiring, (ib) installation of mains-powered smoke detectors, (ic) provision of adequate heating systems, (id) provision of adequate thermal insulation,

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(iii) in relation to a building in common ownership, the matters specified in subsection (2A);

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(2A) The matters referred to in subsection (2)(a)(iii) are the installation of— (a) a fire-retardant door at the entrance to each house, (b) a main door entry-phone system.

(236A) (1) A tenant is not eligible for an improvement grant unless the works in respect of which the grant is sought have, for the period of 2 years preceding the tenant’s application, been his responsibility under his lease. (2) Subsection (1) does not apply if the works are— (a) for the purpose mentioned in section 236(2)(a)(ii), or (b) required for the health and safety of the occupants of the house. (3) The Scottish Ministers may by order modify subsections (2)(a) and (2A) of section 236, either generally or in relation to particular cases or areas. (4) No such order shall be made unless a draft of the order has been laid before, and approved by resolution of, the Scottish Parliament.

Application for grant

97

, and (d) such other matters, including information on the matters mentioned in section 240A(2)(a), as may be prescribed. (2) Different forms and different information may be prescribed under subsection (1) for different purposes. (3) A local authority may require an applicant to provide, within such reasonable period as they may specify, such information as they consider necessary to satisfy themselves that the information in the application form is accurate. (4) The local authority shall disregard any application from an applicant who fails to comply with such a requirement.

(237A) (1) A person who— (a) knowingly or recklessly makes a statement— (i) in an application for an improvement grant, (ii) in response to a requirement made under section 237(3), which is false in a material particular, (b) fails, without reasonable excuse, to notify the local authority of any change of circumstances material to that person’s case, or (c) fails, without reasonable excuse, to comply with a requirement made under section 237(3), shall be guilty of an offence. (2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Age of buildings eligible for grant

98

In section 240(2)(b) (conditions for approval of applications for improvement grants) of the 1987 Act, for “after 15 June 1964” substitute “ less than 10 years prior to the date of the making of the application ”.

Applicant’s contribution to expense of works

99

After section 240 of the 1987 Act insert—

(240A) (1) The Scottish Ministers may by regulations make provision for the assessment, in relation to such classes of application for an improvement grant as the regulations may specify, of an amount to be treated, for the purposes of section 242(1)(b), as the applicant’s contribution towards the approved expense. (2) Regulations under subsection (1) may provide for assessment to be by reference to— (a) the income and other financial circumstances of the applicant, the applicant’s spouse, any person who lives or intends to live with the applicant and any person on whom the applicant is dependent or who is dependent on the applicant, (b) such other criteria as the Scottish Ministers think fit, and may make different provision for different cases or descriptions of case. (3) Regulations under subsection (1) shall be made by statutory instrument and shall not be made unless a draft has been laid before, and approved by resolution of, the Scottish Parliament. (4) In this Part— - “the applicant’s contribution” means an amount assessed under subsection (1), - “approved expense” means, in relation to works referred to in an application, the amount of the expense of executing those works (as estimated in the application) approved by the local authority as being attributable to each house proposed to be provided or improved. (240B) (1) Where an applicant for an improvement grant requests a review of an assessment of the applicant’s contribution, the local authority to which the application was made shall review the assessment. (2) A request for a review shall be made before the end of the period of 21 days beginning with the day on which the notice under section 241(1) was given or such longer period as the authority may allow. (3) A review under subsection (1) shall be carried out by a person senior to the person who made the assessment being reviewed and who had no involvement in the making of that assessment. (4) The authority shall notify the applicant of the decision reached on review. (5) Notice required to be given to the applicant under subsection (4) shall be given in writing and shall, if not received by him, be treated as having been given only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf. (6) There is no right to request a review of a decision reached on review.

Approval of application

100

(a) the approved expense, (b) the applicant’s contribution (where it has been assessed under section 240A), (c) the amount of the grant (and, where the grant is a minimum percentage grant, a statement of that fact).

(b) approve an application but fix as the approved expense in respect of any house an amount less than the amount of the expense estimated in the application in respect of that house (unless the approved expense is the maximum amount which may be fixed under section 242),

.

Amount of grant

101

(1) Subject to the following provisions of this section— (a) the approved expense shall not exceed £20,000, or such other amount as may be prescribed, in respect of each house to which the application relates, (b) the amount of improvement grant payable shall be— (i) the approved expense under deduction (where applicable) of the applicant’s contribution, or (ii) where subsection (1A) applies, the amount determined by virtue of that subsection, whichever is the greater. (1A) In such cases as the Scottish Ministers may specify in regulations, the amount for the purposes of subsection (1)(b)(ii) shall be such percentage of the approved expense as may be so specified; and such regulations may make different provision for different cases or classes of case. (1B) Where the amount of improvement grant payable is that determined by virtue of subsection (1A), the grant is referred to in this Part as a “minimum percentage grant”. (1C) Regulations under subsection (1A) shall be made by statutory instrument and shall not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.

(5) Subsection (5A) applies in relation to an application for an improvement grant, other than— (a) an application to which section 244 applies, or (b) an application in respect of works for the benefit of a disabled occupant within the meaning of section 236(3). (5A) Where this subsection applies, the maximum approved expense for the purposes of subsection (1)(a) shall be reduced by the total amount of any qualifying grants and assistance in respect of the same house which have been paid or approved for payment within the period of 10 years preceding the date on which the application is determined. (5B) In subsection (5A), “qualifying grants and assistance” means— (a) improvement grants, other than— (i) grants under section 244, (ii) grants in respect of works for the benefit of a disabled occupant within the meaning of section 236(3), and (iii) minimum percentage grants, (b) repairs grants, other than minimum percentage grants, and (c) assistance under section 42(4) of the Crofters (Scotland) Act 1993 (c.44).

Improvement grants: the tolerable standard and standard amenities

102

(fa) has a fixed bath or shower and a wash-hand basin, each provided with a satisfactory supply of both hot and cold water and suitably located within the house;

.

(1A) The standard amenities are those amenities referred to in section 86(1)(e), (f) and (fa). (1B) An order under section 86(2) may amend the reference to the provisions of that section specified in subsection (1A) of this section.

,

Repairs grants

Amount of repairs grant

103

In section 248(5) (repairs grants) of the 1987 Act—

Fire escape grants

Grants for means of escape from fire

104

(3A) In relation to an application under this section, the maximum amount that may be fixed under subsection (3) shall be reduced by the total amount of any grants under this section in respect of the same house which have been paid within the period of 10 years preceding the date on which the application is determined.

(a) references to the approved expense shall be treated as references to the maximum amount of expenses determined under subsection (3), and (b)

,

Improvement of energy efficiency and safety

Improvement of energy efficiency and safety

105

After section 250 of the 1987 Act insert—

(250A) (1) This section applies where, in relation to a house— (a) an application for an improvement grant or a repairs grant has been made, (b) on completion of the work to which the application relates, the house will— (i) meet the tolerable standard, and (ii) be in a good state of repair (disregarding the state of internal decorative repair) having regard to the age, character and locality of the house, and (c) the works specified in subsection (2), or any of them, are required for the improvement of the house. (2) Those works are— (a) in any case— (i) replacement of unsafe electrical wiring, (ii) installation of mains-powered smoke detectors, (iii) provision of adequate thermal insulation, (b) in the case of a building in common ownership, installation of— (i) a fire-retardant door at the entry to each house, (ii) a main door entry-phone system. (3) Where this section applies, the local authority may invite the applicant to make an improvement grant application (or, as the case may be, a further application) in respect of the works specified in subsection (2).

PART 7 — MISCELLANEOUS AND GENERAL

Miscellaneous

Equal opportunities

106

Local authority maintenance of houses etc. of registered social landlord

107

Meaning of “family” and “spouse”: cohabitation

108

(ca) a person brought up or treated by another person as if the person were the child of the other person shall be treated as that person’s child;

,

(3) Except in subsection (1)(a), references in this Act to a person’s spouse include references to another person living together with that person as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex.

General

Orders and regulations

109

Ancillary provision

110

The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act.

Interpretation

111

In this Act, unless the context otherwise requires—

Modification of enactments

112

Schedule 10, which modifies enactments in consequence of the provisions of this Act, has effect.

Commencement and short title

113

SCHEDULE 1

Premises occupied under contract of employment

1

Police and fire service accommodation

2

A tenancy is not a Scottish secure tenancy if the landlord is a local authority landlord and the tenant—

Lettings to students

3

Temporary accommodation during work

4

A tenancy is not a Scottish secure tenancy if—

entitled to return there after the work is completed.

Accommodation for homeless persons

5

A tenancy is not a Scottish secure tenancy if the house is being let to the tenant expressly on a temporary basis, for a term of 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 offenders

6

A tenancy is not a Scottish secure tenancy if it is granted, for a term of less than 6 months, to a person—

Shared ownership agreements

7

A tenancy is not a Scottish secure tenancy if it is a tenancy under a shared ownership agreement within the meaning of section 83(3).

Agricultural and business premises

8

A tenancy is not a Scottish secure tenancy if the house—

Houses part of, or within curtilage of, certain other buildings

9

A tenancy is not a Scottish secure tenancy if the house forms part of, or is within the curtilage of, a building which—

Accommodation in property not owned by landlord

10

A tenancy is not a Scottish secure tenancy if the house 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 2

PART 1 — GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION

1

Rent lawfully due from the tenant has not been paid, or any other obligation of the tenancy has been broken.

2

The tenant (or any one of joint tenants), a person residing or lodging in the house with, or subtenant of, the tenant, or a person visiting the house has been convicted of—

3
4

The condition of any furniture provided for use under the tenancy, or for use in any of the common parts (within the meaning given in paragraph 3(2)), has deteriorated owing to ill-treatment by the tenant (or any one of joint tenants) or any person residing or lodging with, or any subtenant of, the tenant; and in the case of ill-treatment by a person residing or lodging with, or subtenant of, a tenant, the tenant has not, before the making of the order in question, taken such steps as the tenant ought reasonably to have taken for the removal of that person.

5

The tenant and—

have been absent from the house without reasonable cause for a continuous period exceeding 6 months or have ceased to occupy the house as their principal home.

6

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant.

7

and it is not reasonable in all the circumstances that the landlord should be required to make other accommodation available to the tenant.

8

and in the opinion of the landlord it is appropriate in the circumstances to require the tenant to move to other accommodation.

9

The house is overcrowded, within the meaning of section 135 of the 1987 Act, in such circumstances as to render the occupier guilty of an offence.

10
11

The house has been designed or adapted for occupation by a person whose special needs require accommodation of the kind provided by the house and—

12

The house forms part of a group of houses which has been designed, or which has been provided with or located near facilities, for persons with special needs, and—

13

The interest of the landlord in the house is that of a lessee under a lease and that lease either—

14

The landlord is Orkney Islands Council, Shetland Islands Council or Western Isles Council and—

15

The landlord wishes to transfer the tenancy of the house to—

who has applied to the landlord for such transfer; and the tenant or (as the case may be) the spouse or other person no longer wishes to live together with the other in the house.

PART 2 — SUITABILITY OF ACCOMMODATION

16

For the purposes of sections 16(4), 19(5), 21(5) and 22(7), accommodation is suitable if—

17

In determining whether accommodation is reasonably suitable to the needs of the tenant and the tenant’s family, regard is to be had to—

18

If the landlord has made an offer in writing to the tenant of new accommodation which complies with paragraph 16(a) and which appears to it to be suitable, specifying the date when the accommodation will be available and the date (not being less than 14 days from the date of the offer) by which the offer must be accepted, the accommodation so offered is deemed to be suitable if—

SCHEDULE 3

Qualified persons

1

For the purposes of section 22, a person falling within any of paragraphs 2 to 4 is a qualified person.

2
3

A member of the tenant’s family aged at least 16 years where the house was the person’s only or principal home at the time of 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—

Special rule: specially adapted house

5

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—

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

Declining a tenancy

11

Qualified persons: co-operative housing associations

12

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—

2

The landlord must, before the commencement of the tenancy—

3

The landlord must—

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—

5
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—

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—

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—

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—

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 has, within the period of 3 years preceding the date of service of the notice, been made against the prospective tenant (or any one of prospective joint tenants) in proceedings—

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—

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

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 requiring or in receipt of housing support services.

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

except as permitted by this paragraph.

Payments and benefits to officers and employees etc.

2

except as permitted by this paragraph.

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

3

and different amounts may be so specified for different purposes.

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

unless, together with the copy of the resolution, there is sent to the Authority a copy of the Scottish Ministers’ consent to the amalgamation, transfer or conversion.

unless together with the instrument there is sent to the Authority a copy of the Scottish Ministers’ consent to its making.

Arrangement, reconstruction etc. of company

10

Power of the Scottish Ministers to petition for winding up

11

The Scottish Ministers may present a petition for the winding up under the Insolvency Act 1986 (c.45) of a registered social landlord on the ground that—

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

Section 4 (obligation to appoint qualified auditors to audit accounts and balance sheet for each year of account) of the Friendly and Industrial and Provident Societies Act 1968 (c.55) applies to every industrial and provident society which is a registered social landlord, without regard to the volume of its receipts and payments, the number of its members or the value of its assets.

Responsibility for securing compliance with accounting requirements

15

must ensure that paragraph 13 is complied with by the landlord.

every responsible person, and the registered social landlord itself, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

PART 4 — INQUIRY INTO AFFAIRS OF REGISTERED SOCIAL LANDLORDS

Inquiry

16

impose on the landlord or person a requirement specified in sub-paragraph (4).

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

the Scottish Ministers may direct the registered social landlord to make such a transfer to a specified registered social landlord.

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

subject to the following provisions.

Proposals as to ownership and management of landlord’s land

6

and must make such arrangements as they think fit for informing the members, tenants and unsecured creditors of the landlord of the proposals.

Effect of agreed proposals

7

to co-operate in the implementation of the proposal; but this sub-paragraph does not require them to do anything contrary to any fiduciary or other duty owed by them.

and must make such arrangements as they think fit to see that the members, tenants and unsecured creditors of the landlord are informed of the proposals.

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

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.

Application for consent of the Scottish Ministers

2

Requirements as to consultation

3

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

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—

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

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

2

In section 4A(3) (societies to which power to disapply section 4 does not apply) of the Friendly and Industrial and Provident Societies Act 1968—

(ba) is registered in the register of social landlords maintained under section 57 of the Housing (Scotland) Act 2001 (asp 10),

.

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

3

In the Land Compensation (Scotland) Act 1973—

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—

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

(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.

,

Bankruptcy (Scotland) Act 1985 (c. 66)

10

In section 31(9) (tenancies excluded from the whole estate of the debtor) of the Bankruptcy (Scotland) Act 1985, for paragraph (c) substitute—

(c) a Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001 (asp 10).

Housing Associations Act 1985 (c. 69)

11

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

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

,

(ia) the Scottish Ministers;

,

(ia) a registered social landlord; or

,

(2A) For the purposes of subsection (2)(c), where the house was provided by a body which, at any time while the house was so provided, was not a registered social landlord, the body shall, if it became a registered social landlord at any later time, be deemed to have been a registered social landlord.

,

(b) the words “beyond 5” in section 62(3)(b) and “after 5” in section 62(5)(b) shall not have effect.

,

(aa) a registered social landlord;

.

(b) where the house was provided by a body which, at any time while the house was so provided, was not a registered social landlord, the body shall, if it became a registered social landlord at any later time, be deemed to have been a registered social landlord at all times since it first provided the house

.

are repealed.

(256A) Any power of a local authority to make grants, and any function of a local authority in relation to the making of grants, under this Part is exercisable by the Scottish Ministers as it is by the local authority.

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

,

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

,

Housing (Scotland) Act 1988 (c. 43)

14

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

,

(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.

,

Housing Act 1988 (c. 50)

15

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

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

Local Government Finance Act 1992 (c. 14)

19

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

.

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—

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

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.

Advice on homelessness etc.

Review of decisions

Duty of registered social landlord to provide accommodation

Persons living in hostel and other short-term accommodation

Restriction on termination of tenancy

Proceedings for possession

Interpretation of Chapter 1

The qualifying conditions

Exemptions from right to buy

Limitation on right to buy: pressured areas

Assistance to tenants to obtain other accommodation

Right to buy: miscellaneous repeals

Reports on right to buy

Consultation with tenants and registered tenant organisations

Eligibility for registration

Inspection reports

Power to obtain information

Interpretation of Part 3

Property and liabilities

Local housing strategies

Extension of power to make improvement grants

Application for grant

Age of buildings eligible for grant

Approval of application

Improvement grants: the tolerable standard and standard amenities

Amount of repairs grant

Grants for means of escape from fire

Improvement of energy efficiency and safety

Local authority maintenance of houses etc. of registered social landlord

Ancillary provision

Premises occupied under contract of employment

Qualified persons

Previous anti-social behaviour

General power to remove director, trustee etc.

Industrial and provident society: power to appoint new committee member

General requirements as to accounts and audit

Extraordinary audit for purposes of inquiry

Initial notice to be given to the Scottish Ministers

Disposals to which this schedule applies

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

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

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

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

Rent (Scotland) Act 1984 (c.58)

Bankruptcy (Scotland) Act 1985 (c.66)

Housing Associations Act 1985 (c.69)

Housing (Scotland) Act 1987 (c.26)

Housing (Scotland) Act 1988 (c.43)

Housing Act 1988 (c.50)

Local Government and Housing Act 1989 (c.42)

Taxation of Chargeable Gains Act 1992 (c.12)

Local Government Finance Act 1992 (c.14)

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

Crime and Disorder Act 1998 (c.37)

Editorial notes

[^c286633]: S. 1 wholly in force at 1.10.2001, see s. 113(1)(2) and S.S.I. 2001/336, art. 2(2), Sch. Pt. I (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286634]: S. 2 wholly in force at 1.10.2001, see s. 113(1)(2) and S.S.I. 2001/336, art. 2(2), Sch. Pt. I (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c455264]: S. 3 wholly in force at 30.9.2002; s. 3 not in force at Royal Assent, see s. 113(1)(2); s. 3(1)(a)(c)(4)(b) in force at 1.4.2002 by S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3); s. 3 in force insofar as not already in force at 30.9.2002 by S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c1580867]: S. 4 wholly in force at 1.4.2002, see s. 113(1)(2) and S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

[^c481441]: Ss. 5-7 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c481466]: Ss. 5-7 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c481467]: Ss. 5-7 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c1580868]: S. 8 wholly in force at 1.4.2002, see s. 113(1)(2) and S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

[^c1580869]: S. 9 wholly in force at 1.4.2002, see s. 113(1)(2) and S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

[^c1580870]: S. 10 wholly in force at 1.4.2002, see s. 113(1)(2) and S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

[^c484677]: S. 11 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484679]: S. 12 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484680]: S. 13 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484684]: S. 14 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484685]: S. 15 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484688]: S. 16 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484689]: S. 17 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484690]: S. 18 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484691]: S. 19 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484738]: S. 20 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484739]: S. 21 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484742]: S. 22 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484745]: S. 23 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484746]: S. 24 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484747]: S. 25 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484750]: S. 26 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484751]: S. 27 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484754]: S. 28 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484762]: S. 29 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484765]: S. 30 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484768]: S. 31 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484779]: S. 32 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484785]: S. 33 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484786]: S. 34 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484787]: S. 35 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484788]: S. 36 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484789]: S. 37 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484790]: S. 38 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484791]: S. 39 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c484792]: S. 40 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489228]: S. 41 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489222]: S. 42 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489229]: S. 43 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489231]: S. 44 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489232]: S. 45 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489233]: S. 46 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489234]: S. 47 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489255]: S. 48 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489256]: S. 49 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489257]: S. 50 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489258]: S. 51 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489278]: S. 52 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489285]: S. 53 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489288]: S. 54 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489289]: S. 55 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c489290]: S. 56 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

[^c286635]: S. 57 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286636]: S. 58 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286637]: S. 59 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286638]: S. 60 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286639]: S. 61 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286640]: S. 62 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286641]: S. 63 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286642]: S. 64 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286643]: S. 65 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286644]: S. 66 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286645]: S. 67 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286646]: S. 68 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286647]: S. 69 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286648]: S. 70 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286649]: S. 71 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286650]: S. 72 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286651]: S. 73 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286652]: S. 74 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286653]: S. 75 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286654]: S. 76 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286655]: S. 77 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286656]: S. 78 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286657]: S. 79 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286658]: S. 80 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286659]: S. 81 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286660]: S. 82 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286661]: S. 83 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286662]: S. 84 partly in force; s. 84 not in force at Royal Assent see s. 113; s. 84 in force for specified purposes at 1.11.2001 by S.S.I. 2001/397, art. 2(2), Sch. (subject to transitional provisions in arts. 3-6)

[^c286663]: S. 85 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/397, art. 2(2), Sch. (subject to transitional provisions in arts. 3-6)

[^c286664]: S. 87 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/397, art. 2(2), Sch. (subject to transitional provisions in arts. 3-6)

[^c286665]: S. 88 wholly in force at 1.10.2001, see s. 113 and S.S.I. 2001/336, art. 2(2), Sch. Pt. I (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286666]: S. 89 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/397, art. 2(2), Sch. (subject to transitional provisions in arts. 3-6)

[^c286667]: S. 90 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286668]: S. 91 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286669]: S. 92 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286670]: S. 93 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286671]: S. 94 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286672]: S. 95 wholly in force at 1.10.2001, see s. 113 and S.S.I. 2001/336, art. 2(2), Sch. Pt. I (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286673]: S. 106 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286674]: S. 107 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286675]: S. 108 wholly in force at 1.10.2001, see s. 113 and S.S.I. 2001/336, art. 2(2), Sch. Pt. I (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286676]: S. 111 wholly in force at 1.10.2001, see s. 113 and S.S.I. 2001/336, art. 2(2), Sch. Pt. I (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286677]: S. 112 partly in force; s. 112 not in force at Royal Assent see s. 113; s. 112 in force for specified purposes at 1.11.2001 by S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b)) and by S.S.I. 2001/397, art. 2(2), Sch. (subject to transitional provisions in arts. 3-6); s. 112 in force for further specified purposes: at 19.12.2001 by S.S.I. 2001/467, art. 2(2), Sch. (subject to transitional provisions in art. 3); at 1.4.2002 by S.S.I. 2002/168, art. {2(2)}, Sch. (subject to transitional provisions and savings in art. 3); at 30.9.2002 by S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5) and S.S.I. 2002/433, art. 2, Sch.

[^c286678]: S. 113(1)(2) power exercised as follows: different dates appointed for specified provisions by S.S.I. 2001/336, art. 2(2)(3) (subject to transitional provisions and savings in art. 3) (as amended by S.S.I. 2001/397, art. 7(b)); 1.11.2001 appointed for specified provisions by S.S.I. 2001/397, art. 2(2), Sch. (subject to transitional provisions and savings in arts. 3-6); 19.12.2001 appointed for specified provisions by S.S.I. 2001/467, art. 2(2), Sch. (subject to transitional provisions in art. 3); 1.4.2002 appointed for specified provisions by S.S.I. 2002/168, art. 2(2), Sch. (subject to transitional provisions and savings in art. 3); 30.9.2002 appointed for specified provisions by S.S.I. 2002/321, art. 2(2), Sch. (subject to transitional provisions and savings in arts. 3-5); 30.9.2002 appointed for specified provisions by S.S.I. 2002/433, art. 2(2), Sch.

[^c1582220]: Sch. 1 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c1582221]: Sch. 2 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c1582222]: Sch. 3 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c1582223]: Sch. 4 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c1582224]: Sch. 5 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c1582225]: Sch. 6 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c1663825]: Sch. 7 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c1663826]: Sch. 8 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c1663827]: Sch. 9 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286684]: Sch. 10 para. 1 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/397, art. 2(2), Sch. (subject to transitional provisions in arts. 3-6)

[^c286685]: Sch. 10 para. 2 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c498801]: Sch. 10 para. 3 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c499069]: Sch. 10 para. 4 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c499088]: Sch. 10 para. 7 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c286686]: Sch. 10 para. 9 wholly in force at 30.9.2002; para. 9 not in force at Royal Assent see s. 113(1)(2); para. 9 in force for the purposes of para. 9(2)(4) at 1.11.2001 by S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b)); para. 9 in force for the purposes of para. 9(3) at 30.9.2002 by S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c499107]: Sch. 10 para. 10 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c286687]: Sch. 10 para. 11 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c286688]: Sch. 10 para. 12 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

[^c456199]: Sch. 10 para. 13 partly in force; Sch, 10 para. 13 not in force at Royal Assent, see s. 113(1)(2); para. 13(24)(35) in force at 1.11.2001 by S.S.I. 2001/336, art. 2(3), Sch. Pt. I (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b)); para. 13(2)(17)(42) in force for specified purposes at 19.12.2001 by S.S.I. 2001/467, art. 2(2), Sch. (subject to transitional provisions in art. 3); para. 13(3) in force at 1.4.2002 by S.S.I. 2002/168, art. 2, Sch (subject to transitional provisions and savings in art. 3); para. 13(5)-(22) and para. 13(36)-(41)(b) wholly in force and para. 13(42) in force for specified purposes at 30.9.2002 by S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5); para. 13(4) in force at 30.9.2002 by S.S.I. 2002/433, art. 2, Sch.

[^c286689]: Sch. 10 para. 14 partly in force; Sch. 10 para. 14 not in force at Royal Assent see s. 113; para. 14(5)(a)(6)-(8)(12)(c) wholly in force and para. 14(11)(15) in force for specified purposes at 1.11.2001 by S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(a)(b)); para. 14(2)-(4)(10) in force at 1.11.2001 by S.S.I. 2001/397, art. 2(2), Sch. (subject to transitional provisions in arts. 3-6); para. 14 (5)(c)(9)(12)(14)(15) in force at 30.9.2002 by S.S.I. 2002/321, {art. 2,} Sch. (subject to transitional provisions and savings in arts.3-5) (as amended by S.S.I. 2002/433, art. 3(2))

[^c286690]: Sch. 10 para. 15 partly in force; para. 15 not in force at Royal Assent see s. 113(1)(2); para. 15(2)(8) in force at 1.11.2001 by S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b)); para. 15(3)(4)(6) in force at 1.11.2001 by S.S.I. 2001/397, art. 2(2), Sch. (subject to transitional provisions in arts. 3-6); para. 15(7)(9) wholly in force and para.15(5) in force for specified purposes at 30.9.2002 by S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c499801]: Sch. 10 para. 16 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c503765]: Sch. 10 para. 17 wholly in force at 1.4.2002, see s. 113(1)(2) and S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

[^c499810]: Sch. 10 para. 19 partly in force; Sch. 10 para. 19 not in force at Royal Assent, see s. 113(1)(2); Sch. 10 para. 19(1) in force at 30.9.2002 by S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c499878]: Sch. 10 para. 20 wholly in force; Sch. 10 para. 20 not in force at Royal Assent, see s. 113(1)(2); para. 20 in force for specified purposes at 1.4.2002 by S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3); para. 20 in force insofar as not already in force at 30.9.2002 by S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c499853]: Sch. 10 para. 21 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c1583240]: Sch. 10 para. 22 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c499882]: Sch. 10 para. 23 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c286691]: Sch. 10 para. 24 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/397, art. 2(2), Sch. (subject to transitional provisions in arts. 3-6)

[^c499889]: Sch. 10 para. 25 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c499894]: Sch. 10 para. 27 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c286692]: Sch. 10 para. 28 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/397, art. 2(2), Sch. (subject to transitional provisions in arts. 3-6)

[^key-c1278faaa9955f9abb9bd8d2e640fe45]: Word in s. 11(1)(b) inserted (25.6.2003) by The Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003 (S.S.I. 2003/331), sch. para. 8(2)(a)(i)

[^key-0bf1a5938a969f62ce0e46f2a2c81952]: Words in s. 11(1)(b) inserted (25.6.2003) by The Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003 (S.S.I. 2003/331), sch. para. 8(2)(b)

[^key-418ee2d941081eb243cfb5136c8cc548]: S. 11(1)(b)(iii) and word repealed (25.6.2003) by The Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003 (S.S.I. 2003/331), sch. para. 8(2)(a)(ii)

[^key-d564643aab2af28c46fba4270de006cf]: Words in s. 56(2)(c) substituted (25.6.2003) by The Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003 (S.S.I. 2003/331), sch. para. 8(3)

[^key-5fe76bff3704402b45b17d6a3662a138]: S. 96 in force at 1.10.2003 by S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

[^key-68e9b8105c48ba4142b244e67a69cbb5]: S. 97 in force at 1.10.2003 by S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

[^key-a037f325b322e197307fbf24d8f2c0cd]: S. 98 in force at 1.10.2003 by S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

[^key-08f30df0abc55fc1f0d322acdceab5ef]: S. 99 in force at 1.10.2003 by S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

[^key-62964498df9c9b2f4d98666011941e78]: S. 100 in force at 1.10.2003 by S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

[^key-6915e3f692a290bee620a16acc9528da]: S. 101 in force at 1.10.2003 by S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

[^key-2b0ad5869d8d5842783dfcf9eff3077a]: S. 102 in force at 1.10.2003 by S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

[^key-23c69a965b411f8c49542ec8507c3fe4]: S. 103 in force at 1.10.2003 by S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

[^key-3a8211599d75b9dba187da08c154403d]: S. 104 in force at 1.10.2003 by S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

[^key-652900de364e8bd6d011ca097c1f40c9]: S. 105 in force at 1.10.2003 by S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

[^key-d8c2b2024451beada03ac16b92988055]: S. 112 in force at 1.10.2003 for specified purposes by S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

[^key-a797a9abf98d84d20d7e619dd9f956b1]: Sch. 10 para. 13(23) (25)-(34) (41)(c) in force at 1.10.2003 by S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

[^key-d89bfc1f42038d455b09144ff671d07b]: Sch. 10 para. 13(42) in force at 1.10.2003 in so far as not already in force by S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

[^key-c151ec1172db1938b48111de28962cbc]: Words in s. 35(2) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 6(2); S.S.I. 2004/420, art. 3, sch. 1

[^key-35d0a826d563fc2f75eb38a694366a41]: Words in sch. 6 para. 2 substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 6(3); S.S.I. 2004/420, art. 3, sch. 1

[^key-64a35148eb745ea0edd7ffefbab21f50]: Sch. 1 para. 11 inserted (15.6.2005) by The Displaced Persons (Temporary Protection) Regulations 2005 (S.I. 2005/1379), reg. 1, Sch. para. 15

[^key-e285b7587d20200631ed5704f334597a]: Words in sch. 1 para. 2(b) substituted (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), s. 90, sch. 3 para. 20(a) (with s. 77); S.S.I. 2005/392, art. 2(k)

[^key-ef8433fa818b9260754b591632d24fd3]: Words in sch. 1 para. 2(c) substituted (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), s. 90, sch. 3 para. 20(b) (with s. 77); S.S.I. 2005/392, art. 2(k)

[^key-1e7a54a19a2516a346f64050d76f3254]: Words in sch. 7 para. 4(6) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 11; S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

Premises occupied under contract of employment

11

A tenancy is not a Scottish secure tenancy if it is granted in order to provide accommodation under the Displaced Persons (Temporary Protection) Regulations 2005.

Qualified persons

Previous anti-social behaviour

Payments by way of gift, dividend or bonus

Initial notice to be given to the Scottish Ministers

Application for consent of the Scottish Ministers

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

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

Rent (Scotland) Act 1984 (c.58)

Bankruptcy (Scotland) Act 1985 (c.66)

Housing (Scotland) Act 1987 (c.26)

Housing (Scotland) Act 1988 (c.43)

Housing Act 1988 (c.50)

Social Security Administration Act 1992 (c.5)

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

Crime and Disorder Act 1998 (c.37)