Housing Act 1964

• (2) In section 4(2)(b) of the Scottish Act of 1954 (under which the Secretary of Stare may make annual payments for fifteen years of seven pounds five shillings to any local authority in respect of unfit houses bought or held by them) for the words " seven pounds five shillings " there shall, in relation to houses approved for the purposes of that section after 13th November 1963, be substituted the words " twelve pounds five shillings ".

Extension of exchequer subsidies for new houses provided by Scottish Special Housing Association

98

• (1) Subject to the provisions of Part I of the Act of 1962—

• (a) an annual exchequer subsidy shall be payable under the said Part I in respect of each new house provided by the Scottish Special Housing Association in the circumstances specified in paragraph (c) of section 23(1) of the Scottish Act of 1957 (which paragraph is set out in subsection (2) of this section) and in accordance with proposals approved by the Secretary of State for the purposes of the said Part I, and

• (b) the amount of such subsidy shall be forty-two pounds ;

and accordingly, in sections 1(1)(e) and 2(1)(d) of the Act. of 1962 (which sections provide for the payment and amount of annual exchequer subsidies), after the words " paragraph (b)" there shall be inserted the words " or paragraph (c) ".

• (2) Section 23(1) of the Scottish Act of 1957 (in paragraphs (a) and (b) of which are specified the circumstances in which new houses must be provided by the Scottish Special Housing Association in order that exchequer subsidies may be payable in respect of them under Part I of the Act of 1962) shall have effect as if at the end thereof there were inserted the following—

or (c) houses provided in the district of any local authority in accordance with arrangements made with the approval of the Secretary of State as being desirable by reason of special circumstances for the provision of housing accommodation in any area for persons coming to that area in order to meet the urgent needs of industry, and so coming wholly, or, in the case of the council of a county (other than a county of a city), wholly or partly, from outside the district of the authority

.

Compulsory purchase of land by Scottish Special Housing Association

99

• (1) Where the Scottish Special Housing Association (hereafter in this section referred to as " the Association"); desire to acquire any land for—

• (a) the provision of new houses by the Association in the circumstances specified in paragraph (a) or paragraph (b) or paragraph (c) of section 23(1) of the Scottish Act of 1957 ; or

• (b) the provision of housing accommodation by the Association under a scheme submitted by them to the Secretary of State under section 18(1)(b) of the Act of 1962;

and the Association have made an application to the local authority in whose area the land is situated requesting them to acquire the land under Part V of the Act of 1950 for the purpose of selling it or leasing it to the Association, then if the authority have power to acquire the land under the said Part V and the Association are satisfied, after consultation with the authority, that the authority are unwilling to acquire the land for that purpose or that the footing on which they are willing to do so involves the sale or leasing of the land to the Association subject to conditions which are unacceptable to the Association, the Association may themselves acquire the land compulsorily.

In this subsection " local authority " means a local authority for the purposes of the Act of 1950.

• (2) The Association may, at the request of the Housing Corporation made in accordance with section 4(1) of this Act, acquire land compulsorily for selling it or leasing it to a housing society.

• (3) The power of the Association to acquire any land compulsorily under subsection (1) or subsection (2) of this section shall be exercisable in any particular case on their being authorised to do so by the Secretary of State, and in relation to the compulsory purchase the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply as if the Association were a local authority within the meaning of that Act, as if this Act had been in force immediately before the commencement of that Act, and as if in Part I of Schedule 1 to that Act (procedure for authorising compulsory purchases) references to an owner of any land comprised in the compulsory purchase order included references to the local authority in whose area the land is situated.

• (4) Section 18(1) of the Act of 1962 (which confers power on the Secretary of State to make advances to the Association for the provision of housing accommodation) shall have effect as if it conferred power on the Secretary of State to make advances under that subsection to the Association for the purpose of assisting them to acquire any land compulsorily under this section.

• (5) The Association may not dispose of. any land acquired by them compulsorily under this section which is not required for the purposes for which it was acquired without the consent in writing of the Secretary of State.

• (6) In the case of land which is situated partly in the area of one local authority and partly in the area of another, references in this section to the local authority in whose area the land is situated shall be construed as references to each of those local authorities.

Amendment of s. 10(1) of Scottish Act of 1957

100

Section 10 of the Scottish Act of 1957 (which empowers a local authority to make a town development scheme for the carrying out of development in conjunction with any housing accommodation proposed to be provided in their district in pursuance of arrangements such as are mentioned in section 8(1) of that Act) shall empower a local authority to include in a town development scheme proposals for the carrying out of development in conjunction with any housing accommodation already provided in their district in pursuance of any such arrangements, and accordingly in subsection (1) of the said section 10—

• (a) after the words " any housing accommodation proposed to be provided " there shall be inserted the words " or already provided ", and

• (b) after the words "related to the proposals as to the housing accommodation " there shall be inserted the words " and related also to the housing accommodation already provided, if any ".

Power to counties and large burghs in Scotland to contribute towards expense of housing elderly, infirm or handicapped persons

101

• (1) The council of a county or of a large burgh in Scotland may make any contribution they think fit towards expenditure incurred by a local authority in connection with—

• (a) the provision, maintenance and management, under the Act of 1950, of housing accommodation for elderly, infirm or handicapped persons ; and

• (b) the exercise, in relation to housing accommodation so provided, or for the benefit of persons occupying such accommodation, of any of their functions under section 66, 67 or 68 of the said Act.

• (2) Where an amount equal to the expenditure towards which any contribution is made under the foregoing subsection falls to be debited to the housing revenue account of the local authority, that authority shall carry to the credit of the account, in addition to the amounts which they are required to carry to the credit of that account under section 138 of the Act of 1950, an amount equal to the contribution under the foregoing subsection.

Duties of local authority in connection with service of notices and other documents under Housing Acts

102

• (1) Where under any enactment in Part II of the Act of 1961, or Part II, Part III or Part IV of this Act, it is the duty of a local authority to serve any document on a person who is to the knowledge of the local authority the person having control of any premises (however defined), or a person managing any premises (however defined), or a person having an estate or interest in any premises (whether or not restricted to persons who are owners or lessees or mortgagees or to any other class of those having an estate or interest in premises) it shall be the duty of the local authority to take reasonable steps to identify the person or persons coming within the description in the enactment.

• (2) Any person having an estate or interest in any premises may for the purposes of the enactments mentioned in subsection (1) of this section give notice to the local authority of his interest in the premises, and the local authority shall enter the notice in their records.

Other minor amendments of Housing Acts

103

• (1) Any notice, order or other document required or authorised to be served under the Act of 1957 or the Act of 1950, or any enactment required to be construed with either of those Acts, which is to be served on any person as being a person having control of any premises (however defined) may, if it is not practicable after reasonable enquiry to ascertain the name or address of that person, be served by addressing it to him by the description of " person having control of" the premises (naming them) to which it relates and by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

• (2) Where under any enactment in Part II of the Act of 1950, Part II of the Act of 1957, or Part II of the Act of 1961, or Part II or Part IV of this Act a document is to be served on the person having control of any premises (however defined), or on the person managing any premises (however defined), or on the owner of any premises (however defined), and more than one person comes within the description in the enactment, the document may be served on more than one of those persons.

• (3) In section 69(3) of the Act of 1957 (under which a local authority may issue a certificate that a house is fit for human habitation and will remain so fit for a specified period, not being less than five nor more than ten years) for the word " ten " there shall be substituted the word " fifteen ".

• (4) In section 161 of the Act of 1957 and in section 161(1)(b) of the Act of 1950 (penalty for preventing execution of repairs, etc.) references to an owner of any premises shall include references to a person having control of any premises (as defined in section 39(2) of the Act of 1957 or, as the case may be, section 7(3) of the Act of 1950, or in any corresponding definition).

• (5) In section 178(1) and section 179(1) of the Act of 1957 (which contain general provisions relating to the form of notices, and to dispensations with service of notices) the proviso (which excepts notices under sections 26 and 30 of the Act relating to the substitution of a closing order for a demolition order and to payments for well-maintained houses) shall in each case cease to have effect.

Supplemental

Application to Isles of Scilly

104

Section 57 of the Act of 1958 (application to Stilly Isles) shall apply in relation to this Act as it applies in relation to the provisions specified in subsection (3) of that section.

Financial provisions

105

• (1) There shall be paid out of money provided by Parliament—

• (a) any administrative expenses incurred by the Minister or the Secretary of State for the purposes of this Act; and

• (b) any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment.

• (2) There shall be paid into the Exchequer any sums falling to be so paid in consequence of any of the provisions of this Act.

General interpretation, and temporary modification as regards London

106

• (1) In this Act, except where the context otherwise requires—

• (a) " the Minister" means the Minister of Housing and Local Government, and

• (b) " lease" includes an underlease, sublease or any tenancy, and any agreement for a lease, underlease, sublease or tenancy, and " lessee ", " lessor " and " leasehold " shall be construed accordingly.

• (2) In this Act—

• " the Act of 1950 " means the Housing (Scotland) Act 1950;

• " the Scottish Act of 1954 " means the Housing (Repairs and Rents) (Scotland) Act 1954;

• " the Act of 1957 " means the Housing Act 1957 ;

• " the Scottish Act of 1957 " means the Housing and Town Development (Scotland) Act 1957 ;

• " the Act of 1958 " means the Housing (Financial Provisions) Act 1958;

• " the Act of 1959 " means the House Purchase and Housing Act 1959;

• " the Act of 1961 " means the Housing Act 1961 ;

• " the Act of 1962 " means the Housing (Scotland) Act 1962.

• (3) References in this Act to any enactment are references to that enactment as amended by or under any other enactment, including this Act.

• (4) Until 1st April 1965 this Act shall have effect subject to the following modifications, that is to say—

• (a) in the definition of " local authority " in section 12, in section 44(1) and in section 96, for the words "London borough" there shall be substituted the words " metropolitan borough ";

• (b) in Part IV, " local authority " shall have, in relation to London, the meaning given by section 23(8) of the Act of 1961.

• (5) Subsection (5) (concurrent powers of Greater London Council) of section 21 of the London Government Act 1963 shall apply in relation to any of the powers of a local authority under this Act as it applies in relation to any of the powers of a local authority under any of the enactments referred to in subsection (1) of that section; and, for the purposes of its application in accordance with this subsection, the said subsection (5) shall have effect as if the reference to that Act not being passed were a reference to that Act not being passed and this Act continuing to have effect subject to the modifications set out in subsection (4) of this section.

General application to Scotland

107

The provisions of this section shall, in addition to any express provision for the application to Scotland of any provision of this Act, have effect for the general application of this Act to Scotland, that is to say—

• (a) for any reference in this Act to a mortgage, a mortgagor or a mortgagee there shall be substituted respectively a reference to a heritable security, a debtor in a heritable security and the creditor in a heritable security;

• (b) " heritable security " has the same meaning in this Act as in the Conveyancing (Scotland) Act 1924 except that it includes a security constituted by ex facie absolute disposition or assignation;

• (c) " the Rent Acts" means the Rent and Mortgage Interest Restrictions Acts 1920 to 1939 ;

• (d) any provision in this Act for an application to the county court shall be construed as a provision for an application to the sheriff, and references to the county court or to the court shall be construed accordingly;

• (e) any application to the sheriff under this Act shall be conducted and disposed of in like manner as proceedings brought under the Small Debt (Scotland) Acts 1837 to 1889, and the determination of the sheriff on any such application shall be final and conclusive;

• (f) any provision in this Act for an appeal to the county court shall be construed as a provision for an appeal to the sheriff, and references to the county court or to the court shall be construed accordingly; and the provisions of section 166 of the Act of 1950 (other than subsection (3) of that section) shall apply to any such appeal to the sheriff as they apply to appeals to the sheriff under that Act.

Short title, citation, repeals, extent and commencement

108

• (1) This Act may be cited as the Housing Act 1964, and—

• (a) the Act of 1957, the Act of 1958, the Act of 1959, the Act of 1961 and this Act may be cited together as the Housing Acts 1957 to 1964; and

• (b) the Housing (Scotland) Acts 1950 to 1962 and this Act may be cited together as the Housing (Scotland) Acts 1950 to 1964.

• (2) The Acts mentioned in Schedule 5 to this Act shall be repealed to the extent specified in the third column of that Schedule.

• (3) This Act, except paragraph 2(10) of Schedule 1, shall not extend to Northern Ireland.

• (4) Subject to the following subsection, this Act shall come into force at the expiration of the period of one month beginning with the date on which it is passed.

• (5) Part I of this Act and the following provisions of Part V of this Act, that is—

• (a) section 99, and

• (b) sections 104 to 107, except section 106(5).

shall come into force on the passing of this Act; and the said section 106(5) shall come into force on 1st April 1965.

SCHEDULE 1

1

The Corporation shall be a body corporate with perpetual succession and a common seal.

2

• (1) The members of the Corporation, of whom there shall be not more than nine, shall be appointed by the Minister and the Secretary of State acting jointly, and the Minister and the Secretary of State so acting shall appoint one of those members to be Chairman and one to be Deputy Chairman.

• (2) Subject to the following provisions of this Schedule, a member of the Corporation, and the Chairman and Deputy Chairman, shall hold and vacate office as such in accordance with the terms of his appointment.

• (3) If the Chairman or Deputy Chairman of the Corporation ceases to be a member of the Corporation, he shall also cease to be Chairman or Deputy Chairman.

• (4) A member of the Corporation may, by notice in writing addressed to the Minister or the Secretary of State, resign his membership, and the Chairman or Deputy Chairman may, by the like notice, resign his office as such.

• (5) If the Minister and the Secretary of State are satisfied that a member of the Corporation—

• (a) has become bankrupt or made an arrangement with his creditors; or

• (b) is incapacitated by physical or mental illness ; or

• (c) has been absent from meetings of the Corporation for a period longer than three consecutive months without the permission of the Corporation; or

• (d) is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member,

they may remove him from his office as a member of the Corporation.

In the application of this sub-paragraph to Scotland, for the references in head (a) to a member's having become bankrupt and to a member's having made an arrangement with his creditors there shall be substituted respectively references to sequestration of a member's estate having been awarded and to a member's having made a trust deed for behoof of his creditors or a composition contract.

• (6) A member of the Corporation who ceases to be a member or ceases to be Chairman or Deputy Chairman shall be eligible for re-appointment.

• (7) The Minister may, out of moneys provided by Parliament, pay the persons holding office as Chairman, Deputy Chairman or member of the Corporation such remuneration in respect of that office as the Minister and the Secretary of State acting jointly may with the consent of the Treasury determine, and the Corporation may pay to those persons such reasonable allowances as may be so determined in respect of expenses properly incurred by them in the performance of their duties.

• (8) In the case of any such person as the Minister and the Secretary of State acting jointly may with the consent of the Treasury determine, the Minister may in respect of that person's office as Chairman, Deputy Chairman or member of the Corporation, pay out of moneys provided by Parliament such pension, allowance or gratuity to or in respect of him on his retirement or death, or such contributions or other payments towards provision for such pension, allowance or gratuity, as may be so determined; and as soon as may be after the making of any determination under this sub-paragraph, the Minister shall lay before each House of Parliament a statement of the amount of the pension, allowance or gratuity or the contributions or other payments towards pension, allowance or gratuity, as the case may be, payable in pursuance of the determination.

• (9) Section 15 of the Local Government Superannuation Act 1953 (which enables local authorities to admit to their superannuation schemes employees of statutory undertakers) as extended by section 1(5) of this Act, shall apply to members of the Corporation as if they were employees of the Corporation; but where a member of the Corporation is admitted by virtue of this sub-paragraph to participate in the benefits of a superannuation fund maintained by a local authority, then—

• (a) the last foregoing sub-paragraph shall not apply to him ; and

• (b) the Minister shall make out of moneys provided by Parliament any payments which in consequence of the admission agreement are required to be made to the superannuation fund in respect of him by the employing authority, and may make from his remuneration any deductions which in consequence of that agreement the employing authority might make in respect of his contributions to that fund.

• (10) In Part II of Schedule 1 to the House of Commons Disqualification Act 1957 (which specifies the bodies of which the members are disqualified under that Act) as it applies to the House of Commons of the Parliament of the United Kingdom, after the entry relating to the Herring Industry Board, there shall be inserted the words " The Housing Corporation " .

This sub-paragraph shall extend to Northern Ireland.

3

• (1) The quorum of the Corporation and the arrangements relating to its meetings shall, subject to any directions given by the Minister and the Secretary of State acting jointly, be such as the Corporation may determine.

• (2) The validity of any proceedings of the Corporation shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members.

4

• (1) The fixing of the seal of the Corporation shall be authenticated by the signature of the Chairman or of some other member authorised generally or specially by the Corporation to act for that purpose.

• (2) Any document purporting to be a document duly executed under the seal of the Corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

5

It shall be within the capacity of the Corporation as a statutory corporation to do such things and enter into such transactions as are incidental or conducive to the exercise or performance of their functions under this Act.

SCHEDULE 2

1

If, in pursuance of a proposal made before 1st April 1964, or made on the ground of a change in the occupier or in the circumstances of occupation, the gross value shown for a hereditament in the valuation list is varied after 13th November 1963 then, as regards any rental periods (whether beginning before or after the variation) the 1963 gross value of a dwelling being or forming part of that hereditament shall be ascertained by reference to the gross value as so varied.

2

Where a dwelling was produced by the conversion of any premises and the conversion resulted in a change in the valuation list after 13th November 1963, any entry in that list before the change shall be disregarded.

3

Where a dwelling is or forms part of a hereditament for which no gross value was shown in the valuation list on 13th November 1963 (including cases where any gross value so shown is to be disregarded under paragraph 2 of this Schedule) section 56 of this Act and paragraph 1 of this Schedule shall have effect in relation to the dwelling as if for the references to that date there were substituted references to the first subsequent date on which a gross value for that hereditament was shown in the valuation list.

4

Where, in pursuance of a proposal made on the ground of a change in the occupier, or in the circumstances of occupation, the gross value shown in the valuation list is varied so as to take account of the state of the dwelling at a date after 13th November 1963, a reference to that date shall, in relation to that dwelling, be substituted for the reference in section 5 of the Rent Act 1957 as modified by section 56(4) of this Act to the said 13th November 1963.

5

Where a dwelling consists of or forms part of more than one hereditament, the 1963 gross value of the dwelling shall be ascertained by determining the 1963 gross value of each hereditament or part as if it were a separate dwelling and aggregating the gross values so determined.

SCHEDULE 3

PART I — Adaptations of Part II of Act of 1961

1

For any reference to the Housing Act 1957 there shall be substituted a reference to the Housing (Scotland) Act 1950.

2

• (a) Any provision for an application to a county court shall be construed as a provision for an application to the sheriff, and references to a county court shall be construed accordingly; and any such application to the sheriff shall be conducted and disposed of in like manner as proceedings brought under the Small Debt (Scotland) Acts 1837 to 1889, and the determination of the sheriff on any such application shall be final and conclusive ;

• (b) Any provision for an appeal to a magistrates' court or to a county court shall be construed as a provision for an appeal to the sheriff, and references to a magistrates' court or to a county court shall be construed accordingly ; and the provisions of section 166 of the Housing (Scotland) Act 1950 (other than subsection (3) of that section) shall apply to any such appeal to the sheriff as they apply to appeals to the sheriff under that Act.

3

For any reference to the Minister there shall be substituted a reference to the Secretary of State.

4

Any reference to an agent or trustee shall include a reference to a tutor, curator, or factor.

5

In section 12—

• (a) in subsection (6), the reference to thirty-five days shall be a reference to forty-two days ; and

• (b) for subsection (7) there shall be substituted the following subsection—

(7) As soon as practicable after an order under this section has come into force the local authority shall cause the order to be recorded in the General Register of Sasines, and if any such order is revoked the authority shall as soon as practicable cause to be recorded in the General Register of Sasines a notice stating that the order has been revoked.

.

6

In section 13(1), for the words " in common use ", wherever they occur, there shall be substituted the words " used in common by persons living in the house " , and after paragraph (c) there shall be inserted the following paragraph—

(cc) of the roof and windows forming part of the house

.

7

In section 15—

• (a) in subsection (1)(a), for the reference to subsection (2) of section thirty-nine of the principal Act there shall be substituted a reference to section 7(3) of the principal Act; and

• (b) in subsection (1)(b), the words " at a rackrent", wherever they occur, shall be omitted.

8

In section 16—

• (a) in subsection (2), the words " under the Fire Services Act, 1947 " shall be omitted, for the words " that Act " there shall be substituted the words " the Fire Services Act 1947 " , and the words " and, in the administrative county of London, shall not serve such a notice except with the consent of the London County Council " shall be omitted ;

• (b) " fire authority" means, in relation to any area, the authority for the time being constituted the fire authority for that area by the Fire Services Act 1947, except that in relation to an area the fire brigade for which is administered by such a joint committee as is mentioned in section 36(4)(b) of that Act, it means that joint committee.

9

In section 18—

• (a) for subsections (3) to (5) there shall be substituted the following subsections—

(3) Subsections (3), (4) and (5) of section 8 of the principal Act (which relate to the recovery by a local authority of expenses incurred by them in executing works on an insanitary house) shall, subject to any necessary modifications, apply for the purpose of enabling a local authority to recover any expenses reasonably incurred by them under this section in carrying out works in pursuance thereof as they apply for the purpose of enabling a local authority to recover the first-mentioned expenses, so, however, that the expenses incurred by a local authority in carrying out works in pursuance of this section shall be recoverable from the person on whom the notice was served or, if he was only properly served with the notice as trustee, tutor, curator, factor or agent for or of some other person, then either from him or from that other person, or in part from him and as to the remainder from that other person. (4) Section 16 of the Act of 1950 (appeals) shall apply in relation to a demand by a local authority for the recovery of expenses incurred by them in carrying out works in pursuance of this section and in relation to an order made by a local authority with respect to any such expenses. (5) Where under this section a local authority have themselves incurred expenses in the execution of works, it shall be competent for them to make a charging order in favour of themselves in respect of such expenses, and subsections (2) to (4) of section 20, and section 21, of the principal Act shall, with any necessary modifications, apply to a charging order so made in like manner as they apply to a charging order made under the said section 20 and as if any reference in the said section 21 to Part II of the principal Act included a reference to this Part of this Act.

;

• (b) in subsection (6)(b), for the words from " the number " to " were executed" there shall be substituted the words " those works had not been executed ";

• (c) subsection (7) shall not apply ;

• (d) in subsection (8), the words " or the highest rate " shall be omitted, and for the reference to subsection (6) of section ten of the principal Act there shall be substituted a reference to section 8(3) of the principal Act;

• (e) subsection (9) shall not apply.

10

In section 19—

• (a) in subsection (8), for the reference to thirty-five days there shall be a reference to forty-two days ;

• (b) in subsection (9)(c), after the word " names " there shall be inserted the words " ages and sex ",

and after the words " individuals and " there shall be inserted the words " the names of ";

• (c) in subsection (11), the references to section ninety of the principal Act, and the words from " In this subsection " to the end, shall be omitted ; and

• (d) in subsection (12), the words from " and shall be " to the end shall be omitted.

11

Section 20 shall not apply.

12

In section 21(1), after paragraph (b) there shall be inserted the words " (being in either case a building all the dwellings in which are owned by the same person) ".

13

In section 22(4), for the reference to section one hundred and seventy of the principal Act there shall be substituted a reference to section 168 of the principal Act.

14

In section 23—

• (a) for subsection (2) there shall be substituted the following subsection—

(2) If the superior or owner of any lands and heritages gives notice to the local authority of his estate in those lands and heritages, the authority shall give to him notice of any proceedings taken by them in pursuance of the foregoing provisions of this Part of this Act in relation to those lands and heritages or any part thereof.

;

• (b) in subsection (3), for the reference to any covenant or contract there shall be substituted a reference to any agreement or stipulation ;

• (c) in subsection (7)—

• (i) for paragraph (a) there shall be substituted the following paragraph—

(a) any person holding the interest of the lessee under a sublease of the house ; and

;

• (ii) in paragraph (b), " the Rent Acts" means the Rent and Mortgage Interest Restrictions Acts 1920 to 1939 ;

• (d) subsections (8) and (9) shall not apply.

15

Sections 24 to 27 shall not apply.

PART II — Adaptations of Sections 64 to 70 of this Act

1

In section 64—

• (a) subsections (1) to (5) and (8) shall not apply;

• (b) in subsections (6) and (7), for the references to a mortgagee there shall be substituted references to the creditor in a heritable security, and " heritable security " has the same meaning as in the Conveyancing (Scotland) Act 1924 except that it includes a security constituted by ex facie absolute disposition or assignation.

2

In section 65—

• (a) in subsection (4), for the references to the Act of 1957 there shall be substituted references to the Act of 1950;

• (b) in subsection (5)(b), for the reference to the court there shall be substituted a reference to the sheriff.

3

In section 66 for the reference to the Act of 1957 there shall be substituted a reference to the Act of 1950.

4

In section 68 any reference to a justice of the peace shall include a reference to the sheriff and to a magistrate.

5

In section 69 for the references to a tenement block there shall be substituted references to a tenement all the dwellings in which are owned by the same person.

PART III — Part II of Act of 1961, as amended, in its application to Scotland

SCHEDULE 4

Transfer of landlord's interest in tenancies and agreements

1

• (1) On and after the date on which the control order ceases to have effect any lease, licence or agreement in which the local authority were substituted for any other party by virtue of section 75 of this Act shall have effect as if for the local authority there were substituted in the lease, licence or agreement the original party or his successor in title.

• (2) On and after the date on which the control order ceases to have effect any agreement in the nature of a lease or licence created by the local authority shall have effect as if the dispossessed proprietor were substituted in the agreement for the local authority.

• (3) If the dispossessed proprietor is a lessee, nothing in any superior lease shall impose any liability on the dispossessed proprietor or any superior lessee in respect of anything done in pursuance of the terms of an agreement in which the dispossessed proprietor is substituted for the local authority by virtue of this paragraph.

Exclusion of s.l1(2) of Rent Act 1957

2

The foregoing paragraph shall not be construed as creating for the purposes of section 11(2) of the Rent Act 1957 (release from control under Rent Acts) any tenancy coming into operation on the date when the, control order ceases to have effect.

Cases where leases have been modified while control order was in force

3

If under section 88 of this Act the county court modifies or determines a lease, the county court may include in the order modifying or determining the lease provisions for modifying the effect of paragraph 1 of this Schedule in relation to the lease.

Interpretation

4

References in this Schedule to the control order ceasing to have effect are references to its ceasing to have effect whether on revocation or in any other circumstances.

SCHEDULE 5