Housing (Scotland) Act 1987

• “the subsidised unit” means the house, hostel or other land in respect of which Exchequer contributions fall to be made, whether they fall to be made in respect of it or its site or in respect of land comprising it or in respect of the cost of any houses, or the acquisition of any land, comprising it.

PART X — HOUSING ACCOUNTS OF LOCAL AUTHORITIES

The housing revenue account

203

• (1) A local authority shall keep a housing revenue account of the income and expenditure of the authority for each year in respect of the houses, buildings and land specified in Part I of Schedule 15, and Part I shall have effect for that purpose.

• (2) A local authority may, with the consent of the Secretary of State, include in or exclude from the housing revenue account any individual house or other property or categories of houses or other properties.

• (3) The Secretary of State may make a direction either generally or in relation to specified properties that any category of house or other properties shall be included in or excluded from the housing revenue account of a local authority.

• (4) The land in respect of which the local authority are required by subsection (1) to keep a housing revenue account shall not include any land which the local authority have provided expressly for sale for development by another person.

• (5) Part II of Schedule 15 shall have effect in relation to the operation of the housing revenue account.

• (6) The Secretary of State may, as respects any year, after consultation with such associations of local authorities as appear to him to be concerned, by order amend Schedule 15.

• (7) An order under subsection (6) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Power of Secretary of State to limit estimated rate fund contributions to housing revenue account

204

• (1) The Secretary of State may by order impose, as respects a local authority or class thereof specified in the order, a limit to the amount of contribution out of their general fund which the authority or, as the case may be, an authority of the class may estimate that they will carry to the credit of their housing revenue account for the year specified in the order; and it shall be the duty of the local authority so to estimate that amount as not to exceed that limit.

• (2) The limit referred to in subsection (1) may be expressed in whatever way the Secretary of State thinks fit.

• (3) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Every local authority shall submit to the Secretary of State an estimate of the income and expenditure an account of which they are obliged, under section 203, to keep in their housing revenue account for the year next following.

• (5) In subsection (1), “general fund” means the fund maintained by a local authority under section 93 of the Local Government (Scotland) Act 1973.

The rent rebate account

205

• (1) A local authority shall keep a rent rebate account for each year.

• (2) The authority shall—

• (a) credit that account with the amount of rent rebate subsidy payable to them under section 32 of the Social Security and Housing Benefits Act 1982;

• (b) debit that account with—

• (i) the amount of the authority’s rent rebates for the year, and

• (ii) the authority’s costs of administering their rent rebates for the year.

• (3) Where for any year a deficit is shown in the account, the local authority shall credit the account in respect of that year with an amount equal to the amount of the deficit.

The rent allowance account

206

• (1) A local authority shall keep a rent allowance account for each year.

• (2) The authority shall—

• (a) credit that account with the amount of rent allowance subsidy payable to them under section 32 of the Social Security and Housing Benefits Act 1982;

• (b) debit that account with—

• (i) the amount of the authority’s rent allowances for the year, and

• (ii) the authority’s costs of administering their rent allowances for the year.

• (3) Where for any year a deficit is shown in the account, the local authority shall credit the account in respect of that year with the amount of the deficit.

The slum clearance revenue account

207

• (1) A local authority shall keep a slum clearance revenue account for each year.

• (2) That account shall include—

• (a) the income and expenditure of the authority in respect of houses and other property acquired by them, or appropriated, for the purposes of Parts IV, V or VI other than houses acquired under Part IV for the purpose of bringing it or another house up to the tolerable standard; and

• (b) such of the expenditure of the authority in respect of houses and other property, being expenditure not included in paragraph (a), together with any income related to that expenditure as may be approved by the Secretary of State and falls within any of the following categories—

• (i) any payment under section 308 (payments to certain owner-occupiers and others in respect of houses not meeting tolerable standard which are purchased or demolished) other than any such payment in respect of an interest in a house which has been purchased by the local authority for the purpose of bringing that house or another house up to the tolerable standard;

• (ii) any payment under section 304 (payments in respect of well-maintained houses) other than any such payment in respect of an interest in a house which has been purchased by the local authority for the purpose of bringing that house or another house up to the tolerable standard;

• (iii) any payment under section 234(5) or (6) (payment of removal and other allowances to person displaced);

• (iv) such other expenditure as the Secretary of State may direct.

• (3) Schedule 16 shall have effect in relation to the slum clearance revenue account.

Application of receipts from disposal of certain land

208

• (1) Any money received by a local authority from the disposal of land to which this section applies shall be applied for a purpose for which the land which was the subject of the transaction was held.

• (2) Subsection (1) shall not have effect if the Secretary of State approves the money being applied for another purpose or has made directions under section 13(3).

• (3) Subsection (1) applies to land in respect of which income and expenditure is accounted for—

• (a) in the housing revenue account, or

• (b) in the slum clearance account.

Adjustment of accounts on appropriation of land

209

• (1) Where land is appropriated by a local authority for the purposes of Parts I or V or on the discontinuance of use for those purposes, such adjustment shall be made in the accounts of the local authority as the Secretary of State may direct.

• (2) Any direction under this section may be either a general direction or a direction for any particular case.

• (3) Where this section applies, section 25 of the Town and Country Planning (Scotland) Act 1959 (which also relates to the adjustment of accounts on appropriation of land) shall not apply.

PART XI — RENTS AND SERVICE CHARGES

Rents for public sector housing

210

• (1) Subject to the provisions of this section, a local authority may charge such reasonable rents as they may determine for the tenancy or occupation of houses provided by them.

• (2) A local authority shall from time to time review such rents and make such charges either of rents generally or of particular rents as circumstances may require.

• (3) In determining standard rents to which their housing revenue account relates, a local authority shall take no account of the personal circumstances of the tenants.

Service charges

211

• (1) A local authority shall make a service charge for each year of such amount as they think reasonable in all the circumstances in respect of the following items to which the housing revenue account relates—

• (a) any garage, car-port or other car parking facilities provided by them in so far as not included within the terms of the tenancy of a house;

• (b) any service provided by them under the terms of the tenancy of a house;

• (c) any other item made available under section 3 or 5 or supplied under section 4 for which a charge was made in the financial year 1971-2 under section 139 to 141 of the Act of 1966 and which has continued to be made available or supplied after that year.

• (2) The Secretary of State may direct in relation to any service provided under paragraph (b) of subsection (1) either generally or in a particular case that no such service charge shall be made.

• (3) Before making any such direction the Secretary of State shall consult—

• (a) such associations of local authorities as appear to him to be concerned;

• (b) any local authority with whom consultation appears to him to be desirable.

Rent increase notice

212

• (1) Where an authority lets a house held by it for housing purposes to a tenant it shall be an implied term of the tenancy that the rent or any other charge payable to the authority under the tenancy may be increased by notice (“rent increase notice”) without the tenancy being terminated.

• (2) A rent increase notice shall—

• (a) be in writing;

• (b) specify the increased rent and the date on which it has effect;

• (c) be given to the tenant at least 4 weeks before it has effect;

• (d) inform the tenant of his right to terminate the tenancy and of the steps to be taken if he wishes to do so;

• (e) inform him of the dates by which the notice of removal under section 213 must be received and the tenancy terminated if the increase is not to have effect.

• (3) A rent increase notice given in accordance with this section shall have effect unless a removal notice is given in accordance with section 213.

• (4) For the purposes of this section an authority is—

• (a) a local authority;

• (b) a joint board or a joint committee;

• (c) a development corporation;

• (d) the Scottish Special Housing Association;

• (e) Scottish Water

• (5) This section does not apply to a Scottish secure tenancy.

Removal notice

213

• (1) A tenant who has been given a rent increase notice may give the authority a removal notice terminating the tenancy.

• (2) The removal notice shall have effect to terminate the tenancy if—

• (a) it is given within 2 weeks of the date on which the rent increase notice was given, or such longer period as the notice may specify;

• (b) it specifies a date for the termination of the tenancy within 4 weeks after the date on which it is given.

• (3) Nothing in the terms of the tenancy (express or implied) shall prevent a tenant giving a removal notice that complies with subsection (2).

PART XII — HOUSE LOANS AND OTHER FINANCIAL ASSISTANCE

House loans: general

Power of local authority to make advances for the purpose of increasing housing accommodation

214

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Requirements as to meeting tolerable standard

215

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House loans: special cases

House loans to tenants exercising right to purchase

216

Duty of local authorities to offer loans to meet expenses of improvement of houses in housing action areas

217

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Duty of local authority to offer loans to meet expenses of repairs

218

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Rates of interest on home loans

Local authority home loan interest rates

219

• (1) Subject to subsections (2) and (3)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) any sum secured under any arrangement by which the price or part of the price of a house sold by a local authority is secured by a standard security; and

• (c) any sum secured under any security which is taken over by a local authority under a power conferred by section 229 (local authority indemnities for building societies, etc.),

is a variable interest home loan for the purposes of this section.

• (2) This section does not apply to an advance made before 3rd October 1980 or to a sum secured in respect of the price of a house agreed to be sold before then or (where subsection 1(c) applies) to a security granted before then.

• (3) This section shall not apply to an advance made in implement of a contract constituted by an offer of advance made before that date and an unqualified acceptance of that offer thereafter.

• (4) Subject to section 220, a local authority shall, in respect of their variable interest home loans, charge a rate of interest which shall be equal to whichever is the higher of the following—

• (a) the standard rate for the time being, as declared by the Secretary of State in accordance with subsection (5);

• (b) the locally determined rate calculated in accordance with subsection (6).

• (5) In considering what rate to declare as the standard rate for the purposes of subsection (4), the Secretary of State shall take into account interest rates charged by building societies in the United Kingdom and any movement in those rates.

• (6) The locally determined rate for the purposes of this section shall be the rate which is necessary to service loan charges on money which is to be applied to making variable interest home loans during the relevant period of six months (referred to in subsection (7)), together with the addition of one quarter per cent. to cover the administration cost of making and managing variable interest home loans.

• (7) The locally determined rate, for the purposes of this section, shall be determined by each local authority for the period of 6 months not less than one month before the beginning of the relevant period.

• (8) Nothing in this or the following two sections shall affect the operation of section 223(1)(b) (under which a part of certain loans may be free of interest for up to 5 years).

Variation of rate by local authority

220

• (1) Where the declaration of a new standard rate or, as the case may be, the determination of a new locally determined rate, affects the rate of interest chargeable under section 219 by a local authority the authority shall, as soon as practicable after such declaration or determination, serve in respect of each of its variable interest home loans a notice on the borrower which shall, as from the appropriate day—

• (a) vary the rate of interest payable by him; and

• (b) where, as the result of the variation, the amount outstanding under the advance or security would increase if the periodic repayments were not increased, increase the amount of the periodic repayments to such an amount as will ensure that the said outstanding amount will not increase.

• (2) In subsection (1), “the appropriate day” means such day as shall be specified in the notice, being—

• (a) in the case of a new standard rate, a day not less than 2 weeks, nor more than 6 weeks, after service of the notice; and

• (b) in the case of a new locally determined rate, the first day of the relevant period of 6 months.

Variation of rate by Secretary of State

221

—Notwithstanding anything contained in sections 219 and 220, but subject to section 230, the Secretary of State may, where he considers that the interest rate charged by a local authority does not satisfy the requirements of section 219(4), direct a local authority—

• (a) to charge an interest rate specified in the direction; and

• (b) to vary the rate in accordance with the provisions of section 220.

Assistance for first-time buyers

Advances to recognised lending institutions to assist first-time buyers

222

• (1) The Secretary of State may make advances to recognised lending institutions enabling them to provide assistance to first-time purchasers of house property in Great Britain where—

• (a) the purchaser intends to make his home in the property,

• (b) finance for the purchase of the property (and improvements, if any) is obtained by means of a secured loan from the lending institution, and

• (c) the purchase price is within the prescribed limits.

• (2) In this section “prescribed” means prescribed by order of the Secretary of State.

• (3) An order—

• (a) may prescribe different limits for properties in different areas, and

• (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

Forms of assistance and qualifying conditions

223

• (1) Assistance under section 222 (assistance for first-time buyers) may be given in the following ways—

• (a) the secured loan may be financed by the Secretary of State to the extent of £600 (that amount being normally additional to that which the institution would otherwise have lent, but not so that the total loan exceeds the loan value of the property);

• (b) £600 of the total loan may be made free of interest, and of any obligation to repay principal, for up to 5 years from the date of purchase; and

• (c) the institution may provide the purchaser with a bonus on his savings (which bonus shall be tax-exempt) up to a maximum of £110, payable towards the purchase or expenses arising in connection with it.

• (2) The purchaser qualifies for assistance under subsection (1)(a) and (b) (interest-free loan) by satisfying the following conditions with respect to his own savings—

• (a) that he has been saving with a recognised savings institution for at least 2 years preceding the date of his application for assistance,

• (b) that throughout the 12 months preceding that date he had at least £300 of such savings, and

• (c) that by that date he has accumulated at least £600 of such savings;

and he qualifies for assistance under subsection (1)(c) (bonus on savings) by satisfying the conditions specified in paragraphs (a) and (b) above.

• (3) The Secretary of State may allow for the conditions to be relaxed or modified in particular classes of case.

• (4) No assistance shall be given in any case unless the amount of the secured loan is at least £1,600 and amounts to not less than 25 per cent. of the purchase price of the property.

• (5) The Secretary of State may by order made with the consent of the Treasury—

• (a) alter any of the money sums specified in this section;

• (b) substitute a longer or shorter period for either or both of the periods mentioned in subsection (2)(a) and (b) (conditions as to savings);

• (c) alter the condition in subsection (2)(c) so as to enable the purchaser to satisfy it with lesser amounts of savings and to enable assistance to be given in such a case according to reduced scales specified in the order;

• (d) alter the percentage mentioned in subsection (4) (minimum secured loan).

• (6) An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

Recognised lending institutions

224

• (1) The lending institutions recognised for the purposes of section 222 (assistance for first-time buyers) are—

• building societies,

• local authorities,

• development corporations,

• The Scottish Special Housing Association,

• banks,

• insurance companies, and

• friendly societies.

• (2) The Secretary of State may by order made with the consent of the Treasury—

• (a) add to the list in subsection (1), or

• (b) direct that a named body shall no longer be a recognised lending institution;

but before making an order under paragraph (b) he shall give an opportunity for representations to be made on behalf of the body concerned.

• (3) An order shall be made by statutory instrument.

Recognised savings institutions

225

• (1) The savings institutions recognised for the purposes of section 223 (qualifying conditions as to savings) are—

• building societies,

• local authorities,

• banks,

• friendly societies,

• the Director of Savings, and

• the Post Office,

and savings institutions recognised for the purposes of the corresponding provisions in force in England or Wales or Northern Ireland.

In this section and in section 227 those corresponding provisions are—

• (a) in relation to England and Wales, sections 445 to 449 of the Housing Act 1985;

• (b) in relation to Northern Ireland, Part IX of the Housing (Northern Ireland) Order 1981.

• (2) The Secretary of State may by order made with the consent of the Treasury—

• (a) add to the list in subsection (1), or

• (b) direct that a named body shall no longer be a recognised savings institution,

but before making an order under paragraph (b) he shall give an opportunity for representations to be made on behalf of the body concerned.

• (3) An order shall be made by statutory instrument.

Terms of advances and administration

226

• (1) Advances to lending institutions under section 222 (assistance for first-time buyers) shall be on such terms as to repayment and otherwise as may be settled by the Secretary of State, with the consent of the Treasury, after consultation with lending and savings institutions or organisations representative of them; and the terms shall be embodied in directions issued by the Secretary of State.

• (2) The following matters, among others, may be dealt with in directions issued by the Secretary of State—

• (a) the cases in which assistance is to be provided;

• (b) the method of determining the loan value of property for the purpose of section 223(1)(a) (limit on total loan);

• (c) the method of quantifying bonus by reference to savings;

• (d) the considerations by reference to which a person is or is not to be treated as a first-time purchaser of house property;

• (e) the steps which must be taken with a view to satisfying the conditions in section 223(2) (conditions as to purchaser’s own savings), and the circumstances in which those conditions are or are not to be treated as satisfied;

• (f) the supporting evidence and declarations which must be furnished by a person applying for assistance, in order to establish his qualification for it, and the means of ensuring that restitution is made in the event of it being obtained by false representations;

• (g) the way in which amounts paid over by way of assistance are to be repaid to the lending institutions and to the Secretary of State.

• (3) The Secretary of State may, to the extent that he thinks proper for safeguarding the lending institutions, include in the terms an undertaking to idemnify the institutions in respect of loss suffered in cases where assistance has been given.

Modifications of building society law and disapplication of provisions of the Restrictive Trade Practices Act 1976 in relation to assistance for first-time buyers

227

• (1) So much of an advance by a building society which is partly financed under section 222 (assistance for first-time buyers) or the corresponding English or Northern Ireland provisions as is so financed shall be treated as not forming part of the advance for the purpose of determining—

• (a) whether the advance, or any further advance made within two years of the date of purchase, is beyond the powers of the society, and

• (b) the classification of the advance, or any such further advance, for the purposes of Part III of the Building Societies Act 1986.

• (2) Section 16(3) and (5) of the Restrictive Trade Practices Act 1976 (recommendations by service supply associations to members) shall not apply to recommendations made to lending institutions and savings institutions about the manner of implementing sections 222 to 226 (assistance for first-time buyers) or the corresponding English or Northern Ireland provisions, provided that the recommendations are made with the approval of the Secretary of State, or as the case may be, the Department of Environment for Northern Ireland, which may be withdrawn at any time on one month’s notice.

Exclusion of Restrictive Trade Practices Act: agreements as to loans on security of new houses

228

Other assistance

Local authority indemnities for building societies, etc.

229

• (1) A local authority may, with the approval of the Secretary of State, enter into an agreement with a building society or recognised body under which the authority binds itself to indemnify the building society or recognised body in respect of—

• (a) the whole or any part of any outstanding indebtedness of a borrower; and

• (b) loss or expense to the building society or recognised body resulting from the failure of the borrower duly to perform any obligation imposed on him by a heritable security.

• (2) The agreement may also, where the borrower is made party to it, enable or require the authority in specified circumstances to take an assignation of the rights and liabilities of the building society or recognised body under the heritable security.

• (3) Approval of the Secretary of State under subsection (1) may be given generally in relation to agreements which satisfy specified requirements, or in relation to individual agreements, and with or without conditions, as he thinks fit, and such approval may be withdrawn at any time on one month’s notice.

• (4) Before issuing any general approval under subsection (1) the Secretary of State shall consult with such bodies as appear to him to be representative of local authorities, and of building societies, and also with the Financial Conduct Authority and the Prudential Regulation Authority .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In this section “recognised body” means a body designated, or of a class or description designated, in an order under this subsection made by statutory instrument by the Secretary of State with the consent of the Treasury.

• (7) Before making an order under subsection (6) varying or revoking an order previously so made, the Secretary of State shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.

Assistance by local authority for acquiring houses in need of repair and improvement

230

• (1) Notwithstanding any other provision of sections 219, 220 and 221, a local authority may, where the conditions set out in subsection (2) are satisifed, give assistance to a person acquiring a house in need of repair or improvement by making provision for waiving or reducing, for a period ending not later than 5 years after the date of an advance of money of the kind mentioned in section 219(1)(a) or of the granting of a security under an arrangement of the kind mentioned in section 219(1)(b), the interest payable on the sum advanced or remaining outstanding under the security, as the case may be.

• (2) The conditions mentioned in subsection (1) are that—

• (a) the assistance is given in accordance with a scheme which has been approved by the Secretary of State or which conforms with such requirements as may be specified by the Secretary of State by order made by statutory instrument with the consent of the Treasury; and

• (b) the person acquiring the house has entered into an agreement with the local authority to carry out, within a period specified in the agreement, works of repair or improvement therein specified.

Loans by Public Works Loan Commissioners for provision or improvement of housing accommodation

231

• (1) The Treasury may, subject to the provisions of this section, lend money to any person entitled to any land either as owner or as lessee under a lease of which a period of not less than 50 years remains unexpired at the date of the loan for the purpose of constructing or improving, or facilitating or encouraging the construction or improvement of, houses, and any such person may borrow from the Treasury such money as may be required for the purposes aforesaid.

• (1A) Any loan made under subsection (1) is a local loan for the purposes of section 3 of the National Loans Act 1968 (see Schedule 4 to that Act).

• (2) A loan for any of the purposes specified in subsection (1) shall be secured with interest by a heritable security over the land and houses in respect of which that purpose is to be carried out and over such other land and houses, if any, as may be offered as security for the loan.

• (3) Any such loan may be made whether the person receiving the loan has or has not power to borrow on bond and disposition in security or otherwise, independently of this Act, but nothing in this Act shall affect any regulation, statutory or otherwise, whereby any company may be restricted from borrowing until a definite portion of capital is subscribed for, taken or paid up.

• (4) The following conditions shall apply in the case of any such loan—

• (a) the period for repayment shall not exceed 40 years;

• (b) no money shall be lent on the security of any land or houses unless the estate or interest therein proposed to be burdened is either ownership or a lease of which a period of not less than 50 years remains unexpired at the date of the loan;

• (c) the money lent shall not exceed such proportion as is hereinafter authorised of the value, to be ascertained to the satisfaction of the Treasury, of the estate or interest in the land or houses proposed to be burdened in pursuance of subsection (2); but loans may be made by instalment from time to time as the building of houses or other work on the land so burdened progresses, so, however, that the total loans do not at any time exceed the amount aforesaid; and the heritable security may be granted accordingly to secure such loans so to be made from time to time.

• (5) The proportion of such value as aforesaid authorised for the purpose of the loan shall be three-fourths but if the loan exceeds two-thirds of such value, the Treasury shall require, in addition to such heritable security as is mentioned in subsection (2), such further security as they may think fit.

Powers of court in cases relating to instalment purchase agreements

232

• (1) Where, under the terms of an instalment purchase agreement, a person has been let into possession of a house and, on the termination of the agreement or of his right to possession under it, proceedings are brought for possession of the house, the court may—

• (a) adjourn the proceedings; or

• (b) on making an order for possession of the house, supersede extract or postpone the date of possession;

for such period or periods as the court thinks fit.

• (2) On any such adjournment, superseding of extract, or postponement, the court may impose such conditions with regard to the payment by the person in possession in respect of his continued occupation of the house and such other conditions as the court thinks fit.

• (3) The court may revoke or from time to time vary any condition imposed by virtue of this section.

• (4) In this section "instalment purchase agreement" means an agreement for the purchase of a house under which the whole or part of the purchase price is to be paid in 3 or more instalments and the completion of the purchase is deferred until the whole or a specified part of the purchase price has been paid.

Power of local authority to assist in provision of seperate service water pipes for houses

233

• (1) A local authority may if they think fit give assistance in respect of the provision of a separate service pipe for a house in their district which has a piped supply of water from a water main, but no separate service pipe.

• (2) Subject to this section, the assistance shall be by way of making a grant in respect of all or any part of the expenses incurred in the provision of the separate service pipe.

• (3) The reference to expenses in subsection (2) includes, in a case where all or any part of the works required for the provision of the separate service pipe are carried out by Scottish Water (whether in exercise of default powers or in any other case), a reference to sums payable by the owner of the house, or any other person, to Scottish Water for carrying out the works.

Financial assistance towards tenants' removal expenses

234

• (1) A local authority shall, in the performance of the functions of management of houses conferred on them by section 17, have power, subject to subsections (2) and (3), in every case where a tenant of a house held by it for housing purposes moves to another house, whether or not that other house is also owned by the local authority—

• (a) to pay any expenses of the removal;

• (b) where the tenant is purchasing the house, to pay any expenses incurred by him in connection with the purchase other than the purchase price.

• (2) Paragraph (b) of subsection (1) shall only apply in a case where a tenant of a house moves to another house of the local authority if that house has never been let.

• (3) A local authority may make their payment of expenses in connection with the purchase of a house subject to such conditions as they think fit.

• (4) Nothing in this section shall affect the operation of section 34 of the Land Compensation (Scotland) Act 1973 (disturbance payments for persons without compensatable interests).

• (5) The power conferred on a local authority by subsection (1) to make allowances towards the expenses incurred in removing by persons displaced in consequence of the exercise by the authority of their powers shall include power to make allowances to persons so displaced temporarily in respect of expenses incurred by them in storage of furniture.

• (6) Where, as a result of action taken by a local authority under Part IV, the population of the locality is materially decreased, the authority may pay to any person carrying on a retail shop in the locality such reasonable allowance as they may think fit towards any loss which, in their opinion, he will thereby sustain, so, however, that in estimating any such loss they shall have regard to the probable future development of the locality.

Contributions to assistance for elderly, etc.

Contributions by other local authorities towards expenses of housing pensioners and disabled persons

235

PART XIII — LOCAL AUTHORITY GRANTS FOR IMPROVEMENT, REPAIR AND CONVERSION

Improvement grants

Power of local authorities to make improvement grants

236

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Form of application

237

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Powers of local authority

238

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Consent of Secretary of State

239

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Conditions for approval of applications for improvement grant other than applications relating exclusively to the provision of standard amenities

240

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Approval of application for improvement grant

241

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Amount of improvement grant

242

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

Payment of improvement grant

243

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

Duty of local authorities to make improvement grants where an application relates exclusively to the provision of standard amenities or to disabled occupant; and amount thereof

244

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

Grants restricted to applicant and his personal representatives

245

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

Conditions to be observed with respect to houses in respect of which an improvement grant has been made, and registration thereof

246

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

Voluntary repayment of improvement grants

247

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

Repairs grants.

Repairs grants

248

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

Grants for fire escapes

Grants for fire escapes for houses in multiple occupation

249

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

Grants for houses in housing action areas

Application of this Part to houses situated in a housing action area and power of local authority to give repairs grants in such areas and amount thereof

250

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

Improvement of amenity grants

Powers of local authority for improvement of amenities

251

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

Grants for thermal insulation

Schemes for grants for thermal insulation

252

Finance and administration of schemes under s. 252

253

Exchequer contributions

Exchequer contributions towards improvement or repairs grants or grants for fire escapes

254

Exchequer contributions to local authority towards expenditure incurred for improvement of amenities

255

• (1) Subject to the provisions of this section, the Secretary of State may, subject to any directions of the Treasury, pay an Exchequer contribution to a local authority towards such expenditure incurred by them for improvement of amenities under section 248—

• (a) in carrying out works, whether in pursuance of arrangements made or otherwise, or acquiring or appropriating land, or

• (b) in making contributions to any other authority or person towards expenses which might be so incurred by the local authority,

as he may approve for the purposes of this section on an application by the local authority.

• (2) This section does not apply to land to which the housing revenue account relates.

• (3) The approval of the Secretary of State under subsection (1) shall not be given if the works have been begun, unless he is satisfied that there were good reasons for beginning the works before the application had been approved by him.

• (4) For the purposes of this section—

• (a) the cost of any works shall be taken to be the amount certified by the local authority as appearing to them to be the cost likely to be incurred by them in carrying out those works whether in pursuance of arrangements made or otherwise; and

• (b) the cost of any land acquired by a local authority under section 248 shall be taken to be the expenses incurred by the authority in connection with the acquisition, and the cost of any land appropriated by a local authority for the purposes of that section shall be taken to be such amount as the Secretary of State may determine.

• (5) An Exchequer contribution under this section shall be a sum payable annually for a period of 20 years beginning with the financial year in which the works are completed and that sum shall be equal to the annual loan charges referable to such percentage of the expenditure approved for the purposes of this section as the Secretary of State shall, with the consent of the Treasury, prescribe by order made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

• (6) The aggregate of any expenditure approved for the purposes of this section (whether on one or more applications) shall not exceed the sum arrived at by taking £600 for each of the dwellings in the area.

• (7) The Secretary of State may, with the consent of the Treasury, by order substitute another amount for the amount of £600 mentioned in subsection (6), and any such order shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of the House of Commons.

• (8) Without prejudice to subsection (7), the Secretary of State may direct that in the case of a class or classes of predominantly residential areas or in the case of a particular predominantly residential area, subsection (6) shall have effect as if for the amount of £600, or such other amount as may be substituted for that amount under subsection (7), there were substituted a greater amount.

• (9) For the purposes of this section, the annual loan charges referable to any amount shall be the annual sum which, in the opinion of the Secretary of State, would fall to be provided by a local authority for the payment of interest on, and the repayment of, a loan of that amount, being money the period for the repayment of which is 20 years.

• (10) Where any arrangements made between a local authority and a registered housing association so provide, any expenditure incurred by the housing association in pursuance of the arrangements which might have been incurred by the local authority under section 248 shall be treated for the purposes of subsection (1) as if it were expenditure so incurred by the local authority; and where any such expenditure is approved by the Secretary of State for the purposes of this section—

• (a) subsection (9) shall have effect, in relation to it, as if the reference therein to a local authority were a reference to the housing association, and

• (b) the local authority shall pay to the housing association by way of annual grant an amount not less than so much of the Exchequer contribution paid to the local authority under this section as is referable to that expenditure.

Agricultural tenants, etc.

Application of this Part to agricultural tenants, etc.

256

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

PART XIV — ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING

Eligibility for assistance

Designation of defective dwellings by Secretary of State

257

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

Variation or revocation of designation

258

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

Conditions of eligibility

259

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

Exceptions to eligibility

260

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

Construction of references to disposal, etc.

261

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

Determination of entitlement

Application for assistance

262

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

Application not to be entertained where grant application pending or approved

263

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

Determination of eligibility

264

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

Determination of form of assistance to which applicant is entitled

265

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

Conditions for assistance by way of reinstatement grant

266

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

Meaning of "work required for reinstatement" and "associated arrangement"

267

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

Notice of determination

268

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

Assistance by way of reinstatement grant

Reinstatement grant

269

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

Conditions of payment of reinstatement grant

270

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

Amount of reinstatement grant

271

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

Changes in work or expenditure

272

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

Payment of reinstatement grant

273

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

Repayment of grant for breach of condition

274

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

Assistance by way of repurchase

Repurchase

275

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

Repurchase by authority other than local authority

276

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

Interest subject to right of pre-emption, etc.

277

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

Compulsory purchase compensation to be made up to 95 per cent of defect-free value

278

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

Supplementary provisions as to payments under s. 277 or 278

279

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

Reimbursement of expenses incidental to repurchase

280

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

Effect of repurchase on occupier

Effect of repurchase on certain existing tenancies

281

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

Grant of tenancy to former owner-occupier

282

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

Grant of tenancy to former statutory tenant

283

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

Alternative accommodation under s. 282 or 283

284

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

Request for tenancy under s. 282 or 283

285

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

Interpretation of ss. 281 to 285

286

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

Local schemes

Designation of defective dwellings under local schemes

287

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

Variation or revocation of designation under local schemes

288

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

Secretary of State's control over designation, variation or revocation

289

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

Miscellaneous

Duty of local housing authority to publicise availability of assistance

290

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

Duties of public sector authority disposing of defective dwelling

291

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

Reinstatement of defective dwelling by local authority

292

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

Death of person eligible for assistance, etc.

293

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

Dwellings included in more than one designation

294

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

Application of Act in relation to lenders on security of defective dwelling

295

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

Contributions by Secretary of State

Contributions by Secretary of State

296

Power to vary relevant percentage

297

• (1) The Secretary of State may by order made with the consent of the Treasury vary all or any of the percentages specified in section 296(3) (relevant percentages for purposes of contribution to expenditure of local authority) in respect of assistance or payments, or a class of assistance or payments specified in the order.

• (2) An order—

• (a) may make different provision for assistance given or payments made in respect of defective dwellings in different areas or under different provisions or for different purposes of the same provision;

• (b) shall be made by statutory instrument, and

• (c) shall not be made unless a draft of it has been laid before and approved by a resolution of the House of Commons.

• (3) An order applies to assistance given or payments made in pursuance of applications made after such date as may be specified in the order, and the specified date shall not be earlier than the date of the laying of the draft.

Supplementary provisions

Service of notices

298

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

Jurisdiction of sheriff in Scotland

299

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

Meaning of "public sector authority"

300

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

Disposal of certain Crown interests in land treated as disposal by public sector authority

301

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

Meaning of "dwelling" and "house"

302

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

Interpretation

303

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

PART XV — COMPENSATION PAYMENTS

Payments for well-maintained houses.

Payments in respect of well-maintained houses subject to closing orders, etc.

304

• (1) If—

• (a) a house has been vacated in pursuance of a closing order or a demolition order, or purchased compulsorily under section 121 instead of the making of a closing order or a demolition order in respect of the building in which it is comprised; and

• (b) any person has, within 3 months after the service of the closing order or demolition order, or of the notice of determination to purchase required by section 121(3), or after the confirmation of a compulsory purchase order, made a representation to the local authority that the house has been well maintained and that the good maintenance of the house is attributable wholly or partly to work carried out by him or at his expenses; and

• (c) leaving out of account any defects in the house in respect of any such matters as are mentioned in section 86, the representation is correct;

the local authority shall make to that person in respect of that house a payment calculated in accordance with section 306.

• (2) If, on receiving a representation under subsection (1), the local authority consider that the condition specified in paragraph (c) of that subsection is not satisfied, they shall serve on the person by whom the representation was made notice that no payment falls to be made to him under that subsection.

• (3) For the purposes of this section, a house comprised in a building which might have been the subject of a demolition order but which has, without the making of such an order, been vacated and demolished in pursuance of an undertaking for its demolition given to the local authority shall be deemed to have been vacated in pursuance of a demolition order made and served at the date when the undertaking was given.

Payments in respect of well-maintained houses subject to compulsory purchase as not meeting the tolerable standard

305

• (1) Where as respects a house which is made the subject of a compulsory purchase order under Part IV as not meeting the tolerable standard, the local authority are satisfied that it has been well maintained, they shall make a payment calculated in accordance with section 306 in respect of the house.

• (2) A payment under this section shall be made—

• (a) if the house is occupied by an owner thereof, to him, or

• (b) if the house is not so occupied, to the person or persons liable to maintain and repair the house, and, if more than one person is so liable, in such shares as the local authority think equitable in the circumstances:

• (3) The local authority shall, along with the notice which they serve on any person under paragraph 3(b) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 in respect of the compulsory purchase of a house under Part IV, enclose a notice stating, subject to the calculation to be made under section 306, whether or not they intend to make a payment under this section in respect of the house.

• (4) Any person aggrieved by a notice under subsection (3) which states that the local authority do not intend to make a payment under this section in respect of a house may, within 21 days of service on him of that notice, refer the matter to the Secretary of State; and the Secretary of State may, if he thinks it appropriate to do so (after, if he considers it necessary, causing the house to be inspected by one of his officers), direct the local authority to make such a payment.

Calculation of amount payable for well-maintained houses

306

• (1) This section shall apply in relation to any payment in respect of a well maintained house under section 304 or section 305.

• (2) Subject to subsection (4), a payment to which this section applies shall be of an amount equal to the rateable value of the house multiplied by such multiplier as may from time to time be specified in an order made by the Secretary of State.

• (3) An order made under subsection (2) shall be made by statutory instrument which shall be of no effect unless it is approved by a resolution of each House of Parliament.

• (4) A payment to which this section applies shall not in any case exceed the amount (if any) by which the full compulsory purchase value of the house exceeds the restricted value thereof; and any question as to such value shall be determined, in default of agreement, as if it had been a question of disputed compensation arising on such a purchase.

• (5) Where a payment falls to be made in respect of any interest in a house under section 308, no payment shall be made in respect of that house under section 304 or 305.

• (6) In this section—

• “full compulsory purchase value” has the same meaning as in section 311(2);

• “rateable value” means the rateable value entered in the valuation roll last authenticated prior to the relevant date;

• “restricted value” has the same meaning as in section 311(2); and

• “the relevant date” in relation to any payment made with respect to any house means—

• (a) if the house was purchased compulsorily in pursuance of a notice served under section 121, the date when the notice was served;

• (b) if the house was vacated in pursuance of a demolition order or a closing order, or was declared not to meet the tolerable standard by an order under paragraph 2(1) of Schedule 2 to the Land Compensation (Scotland) Act 1963, the date when the order was made.

Repayment of certain payments

Repayment of payments made in connection with closing or demolition order when revoked

307

Where a payment in respect of a house has been made by a local authority under section 304, 305 or 308 in connection with a demolition order or a closing order and, the demolition order or the closing order is revoked by an order under section 116, then if at any time the person to whom the payment was made is entitled to an interest in the house (within the meaning of section 311(2)), he shall on demand repay the payment to the authority.

Payments for houses not meeting tolerable standard

Right to and amount of payments for house not meeting tolerable standard

308

• (1) Where a house has been purchased at restricted value in pursuance of a compulsory purchase order made by virtue of section 121, or in pursuance of an order under paragraph 2(1) of Schedule 2 to the Land Compensation (Scotland) Act 1963, or has been vacated in pursuance of a demolition order under section 115 or a closing order under section 114 or 119, then if—

• (a) on the relevant date and throughout the qualifying period the house was occupied as a private dwelling, and the person so occupying the house (or, if during that period it was so occupied by two or more persons in succession, each of those persons) was a person entitled to an interest in that house or a member of the family of a person so entitled, and

• (b) the full compulsory purchase value of the interest is greater than its restricted value,

the authority concerned shall make in respect of that interest a payment of an amount equal to the difference between the full compulsory purchase value and the restricted value.

• (2) Any question as to the values referred to in subsection (1) shall be determined, in default of agreement, as if it had been a question of disputed compensation arising on such a purchase.

• (3) Where an interest in a house purchased or vacated as described in subsection (1) was acquired by any person (in this subsection referred to as the first owner) on or after 1st August 1968 and less than 2 years before the relevant date, and a payment under the said subsection (1) in respect of that interest would have fallen to be made by the authority concerned had the qualifying period been a period beginning with the acquisition and ending with the relevant date, the authority concerned shall make to the person who was entitled to the interest at the date when the house was purchased or vacated a payment of the like amount, if—

• (a) the authority are satisfied that before acquiring the interest the first owner had made all reasonable inquiries to ascertain whether it was likely that the notice, resolution or order, by reference to which the relevant date is defined in section 311 would be served, passed or made within 2 years of the acquisition and that he had no reason to believe that it was likely; and

• (b) the person entitled to the interest at the date when the house was purchased or vacated was the first owner or a member of his family.

Right of parties to certain agreements secured on, or related to, houses not meeting the tolerable standard to apply to sheriff for adjustment of the agreements

309

• (1) This section shall apply whether or not a payment falls to be made in respect of an interest in a house under section 308 where a house is purchased at restricted value in pursuance of a compulsory purchase order made by virtue of section ... 120 or 121, or paragraph 5 of Schedule 8, or in pursuance of an order under paragraph 2(1) of Schedule 2 to the Land Compensation (Scotland) Act 1963, or has been vacated in pursuance of a demolition order or a closing order, and on the date of the making of the compulsory purchase or other order the house is occupied in whole or part as a private dwelling by a person who throughout the relevant period—

• (a) holds an interest in the house, being an interest subject to a heritable security or charge, or

• (b) is a party to an agreement to purchase the house by instalments.

• (2) Where the provisions of subsection (1) apply in the case of any house, any party to the heritable security, charge or agreement in question may apply to the sheriff who, after giving to other parties an opportunity of being heard, may, if he thinks fit, make an order—

• (a) in the case of a house which has been purchased compulsorily, discharging or modifying any outstanding liabilities of the person having an interest in the house, being liabilities arising by virtue of any bond or other obligation with respect to the debt secured by the heritable security or charge, or by virtue of the agreement, or

• (b) in the case of a house vacated in pursuance of a demolition order, or closing order, discharging or modifying the terms of the heritable security, charge or agreeement,

and, in either case, either unconditionally or subject to such terms and conditions, including conditions with respect to the payment of money, as the sheriff may think just.

• (3) In determining in any case what order, if any, to make under this section, the sheriff shall have regard to all the circumstances of the case, and in particular—

• (a) in the case of a heritable security or charge—

• (i) to whether the heritable creditor or person entitled to the benefit of the charge acted reasonably in advancing the principal sum on the terms of the heritable security or charge; and in relation to this sub-paragraph he shall be deemed to have acted unreasonably if, at the time when the heritable security or charge was created, he knew or ought to have known that in all the circumstances of the case the terms of the heritable security or charge did not afford sufficient security for the principal sum advanced, and

• (ii) where the heritable security or charge secures a sum which represents all or any part of the purchase price payable for the interest, to whether the purchase price was excessive, or

• (b) in the case of an agreement to purchase by instalments, to how far the amount already paid by way of principal, or, where the house has been purchased compulsorily, the aggregate of that amount and so much, if any, of the compensation in respect of compulsory purchase as falls to be paid to the seller, represents a fair price for the purchase.

• (4) In this section “the relevant period” means the period from the date of the making of the compulsory purchase or other order to—

• (a) in the case of a compulsory purchase order, the date of service of notice to treat (or deemed service of notice to treat) for purchase of the house or, if the purchase is effected without service of notice to treat, the date of completion of that purchase, and

• (b) in the case of any other order, the date of vacation of the house in pursuance of the order or of an order deemed to have been made and served in the terms of the next following subsection;

or, if the person referred to in subsection (1) dies before the date specified in paragraph (a) or (b), to the date of death.

• (5) For the purposes of this section, a house which might have been the subject of a demolition order but which has, without the making of such an order, been vacated and demolished in pursuance of an undertaking for its demolition given to the local authority, shall be deemed to have been vacated in pursuance of a demolition order made and served at the date when the undertaking was given.

Provisions as to house subject to heritable security or purchased by instalments

310

Section 309 (right of parties to certain agreements secured on, or related to, houses not meeting tolerable standard to apply to sheriff for adjustment of agreements) shall apply, whether or not a payment falls to be made in respect of an interest in a house under section 308, where the house not meeting the tolerable standard is purchased at restricted value in pursuance of a compulsory purchase order made by virtue of section ... 120 or 121 or paragraph 5 of Schedule 8, or in pursuance of an order under paragraph 2(1) of Schedule 2 to the Land Compensation (Scotland) Act 1963, or has been vacated in pursuance of a demolition order or a closing order as it applies where a house has been purchased or vacated before 25th August 1969 as described in section 309.

Interpretation of sections 308 to 310

311

• (1) In section 308, in relation to any house purchased or vacated, “the relevant date” and “the authority concerned” mean respectively—

• (a) if the house was purchased compulsorily in pursuance of a notice served under section 121, the date when and the authority by whom the notice was served;

• (b) if the house is in a housing renewal area (within the meaning of the Housing (Scotland) Act 2006 (asp 1)), the date on which the order designating it was made under section 1 of that Act of 2006 and the authority which made it;

• (c) if the house was declared not to meet the tolerable standard by an order under paragraph 2(1) of Schedule 2 to the Land Compensation (Scotland) Act 1963, the date when the order was made and the acquiring authority within the meaning of that Act;

• (d) if the house was vacated in pursuance of a demolition order or closing order, the date when and the authority by whom the order was made;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and “the qualifying period” means the period of 2 years ending with the relevant date, except that where that date is earlier than 31st July 1970, it means the period beginning with 1st August 1968 and ending with the relevant date.

• (2) In sections 308 to 310—

• “full compulsory purchase value”, in relation to any interest in a house, means the compensation which would be payable in respect of the compulsory purchase of that interest if the house were not being dealt with under Part IV or Part VI as not meeting the tolerable standard, and, in the case of a house subject to a demolition order or closing order, the making of that order were a service of the notice to treat;

• “interest” in a house does not include the interest of a tenant for a year or any shorter period;a statutory tenant within the meaning of the Rent (Scotland) Act 1984;a statutory assured tenant within the meaning of the Housing (Scotland) Act 1988;a tenant under a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016;

• “restricted value”, in relation to the compulsory purchase of a house, means compensation in respect thereof assessed under or by virtue of section 120 or 121 or Part III of Schedule 8.

• (3) For the purposes of section 308, a house which might have been the subject of a demolition order but which has, without the making of such an order, been vacated and demolished in pursuance of an undertaking for its demolition given to the local authority having power to make the order shall be deemed to have been vacated in pursuance of a demolition order made and served by that authority at the date when the undertaking was given.

Payments to other local authorities

Payment of purchase money or compensation by one local authority to another

312

• (1) Any purchase money or compensation payable by a local authority under this Act in respect of any land, right or interest of another local authority which would but for this section be paid into a bank as provided by the Lands Clauses Acts may be otherwise paid and applied as the Secretary of State approves and determines.

• (2) A determination of the Secretary of State under this section shall be final and conclusive.

PART XVI — GENERAL AND MISCELLANEOUS

Byelaws

Byelaws with respect to houses in multiple occupation

313

• (1) The power of making and enforcing byelaws under section 72 of the Public Health (Scotland) Act 1897 with respect to houses or parts of houses which are let in lodgings or occupied by members of more than one family shall extend to the making and enforcing of byelaws imposing any duty (being a duty which may be imposed by the byelaws and which involves the execution of work) on the owner within the meaning of that Act of the said house, in addition to or in substitution for any other person having an interest in the premises, and prescribing the circumstances and conditions in and subject to which any such duty is to be discharged.

• (2) For the purpose of discharging any duty so imposed, the owner or other person may at all reasonable times enter upon any part of the premises.

• (3) Where an owner or other person has failed to carry out any work which he has been required to carry out under the byelaws, the local authority may, after giving to him not less than 21 days’ notice in writing, themselves carry out the works and recover the costs and expenses.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this section “owner”, in relation to a house mentioned in subsection (1), means the person entitled to receive, or who would if the premises were let, be entitled to receive the rents of the premises, and includes a trustee, factor, tutor, or curator, and in the case of public or municipal property applies to the persons to whom the management is entrusted.

Byelaws with respect to accommodation for agricultural workers

314

• (1) A local authority shall make, with respect to bothies, chaumers and similar premises which are used for the accommodation of agricultural workers and are not part of a farmhouse, byelaws regarding any of the following matters—

• (a) the provision of a separate entrance in any case where the premises form part of other premises;

• (b) the provision of ventilation and floor area;

• (c) the provision of adequate heating and lighting;

• (d) the prevention of and safety from fire;

• (e) the provision of a ventilated larder and a fireplace or stove suitable for cooking food and sufficient cooking utensils;

• (f) the provision of furnishing, including the provision of a separate bed and bedding for each worker;

• (g) the provision of accommodation for personal clothing, and of facilities for personal ablution;

• (h) the painting, whitewashing or other cleansing of the premises at regular intervals;

• (i) intimation to the local authority by farmers of the number of workers employed by them who are accommodated in bothies or in chaumers or similar premises;

• (j) such other matters as may from time to time be prescribed:

• (2) Byelaws regarding the matters specified in paragraph (e) of subsection (1) shall apply only to premises in which the occupants cook their meals.

• (3) Byelaws made by a local authority under this section may be limited to particular parts of the authority’s area.

• (4) Where a local authority fail, within such period as the Secretary of State may allow, to make with respect to any of the matters specified in subsection (1) byelaws which are in the opinion of the Secretary of State sufficient and satisfactory, the Secretary of State may himself make such byelaws which shall be of the like force and effect as if they had been made by the authority and confirmed.

Byelaws with respect to accommodation for seasonal workers

315

• (1) Subject to the provisions of this section, a local authority shall make byelaws for the whole or any part of their area with a view to providing proper accommodation for seasonal workers in respect of—

• (a) intimation to the local authority of the intention to employ seasonal workers;

• (b) the nature and extent of the accommodation to be provided for such workers, including due provision for—

• (i) sleeping accommodation and separation of the sexes;

• (ii) lighting, ventilation, cubic space, cleanliness and furnishing, including beds and bedding and cooking utensils;

• (iii) storage of food, washing of clothes and drying of wet clothes;

• (iv) water closets or privies for the separate use of the sexes; and

• (v) a suitable supply of water;

• (c) determining the persons responsible for the provision of the accommodation required by the byelaws, taking into account the terms of current contracts;

• (d) inspection of the premises;

• (e) exhibition on the premises of the byelaws;

• (f) such other matters relating to the accommodation of seasonal workers (including determining the persons responsible for regulating the use by the workers of the accommodation) as may from time to time be prescribed.