Housing (Scotland) Act 1987

• (2) If the local authority show to the satisfaction of the Secretary of State that it is unnecessary to make bylaws under this section, the Secretary of State may dispense with the making of such byelaws.

• (3) The Secretary of State may suspend, as respects the area of any local authority or any part of that area, the operation of any byelaw made under this section which affects agricultural interests in cases of emergency.

• (4) If in consequence of any byelaws made under this section a farmer or a fruit grower is required to provide accommodation involving the erection of additional buildings, he may require the landlord to erect such buildings on terms and conditions to be determined, failing agreement, by the Secretary of State.

• (5) In this section the expression “seasonal workers” includes navvies, harvesters, potato-workers, fruit-pickers, herring-gutters, and such other workers engaged in work of a temporary nature as may from time to time be prescribed.

• (6) Where a local authority fail, within such period as the Secretary of State may allow, to make in respect of 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 have force and effect as if they had been made by the authority and confirmed.

Confirmation of byelaws

316

For the purposes of section 202 of the Local Government (Scotland) Act 1973 (which relates to the procedure and other matters connected with the making of byelaws) the Secretary of State shall be the person by whom byelaws made under this Act are to be confirmed.

Entry

Power of entry for survey, etc.

317

• (1) Subject to the provisions of this section, any person authorised by a local authority or by the Secretary of State may at all reasonable times enter any house, premises or building—

• (a) for the purpose of survey and examination, where it appears to the local authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Act should be exercised in respect of any house, premises or building;

• (b) for the purpose of survey and examination, in the case of any house in respect of which a notice under this Act requiring the execution of works has been served or a closing order, or a demolition order has been made;

• (c) for the purpose of survey or valuation, in the case of houses, premises or buildings which the local authority are authorised to purchase compulsorily under this Act;

• (d) for the purpose of measuring the rooms of a house in order to ascertain for the purposes of Part VII the number of persons permitted to use the house for sleeping;

• (e) for the purpose of ascertaining whether there has been a contravention of any regulation or direction made or given under Part VIII;

• (f) for the purpose of ascertaining whether there has been an offence under section 165.

• (2) Any person so authorised shall, except where entry is only for the purpose mentioned in paragraph (e) or paragraph (f) of subsection (1), give 24 hours’ notice of his intention to enter any house, premises or building to the occupier thereof and to the owner, if the owner is known.

• (3) An authorisation under this section shall be in writing and shall state the particular purpose or purposes for which the entry is authorised.

Offences

Penalty for obstructing execution of Act

318

If any person obstructs any officer of a local authority or any officer of the Secretary of State or any person authorised to enter houses, premises or buildings in pursuance of this Act in the performance of anything which such officer, authority or person is by this Act required or authorised to do, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Penalty for preventing execution of works, etc.

319

• (1) If any person, after receiving notice of the intended action—

• (a) being the occupier of any premises, prevents the owner or other person having control of them, or his officers, agents, servants or workmen from carrying into effect with respect to those premises ... any of the provisions of a byelaw made under section 313; or

• (b) being the owner or occupier of any premises, or a person having control of any premises, prevents any officers, agents, servants or workmen of the local authority, from so doing; or

• (c) being the occupier of any part of a house subject to a control order under Part VIII, prevents any officers, agents, servants or workmen of the local authority from carrying out any works in the house,

the sheriff or any two justices of the peace sitting in open court or any magistrate having jurisdiction in the place on proof thereof may order that person to permit to be done on the premises all things requisite for carrying into effect such provisions with respect to the premises or, in a case falling under paragraph (c), everything which the local authority consider necessary.

• (2) If any such person fails to comply with such an order, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Penalty for damage to houses, etc.

320

Any person who wilfully or by culpable negligence damages or suffers to be damaged any house provided under this Act, or any of the fittings or appurtenances of any such house, including the drainage and water supply and any apparatus connected with the drainage or water supply, and the fence of any enclosure, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale, without prejudice to any remedy for the recovery of the amount of the damage.

Liability of directors, etc. in case of offence by body corporate

321

• (1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.

• (2) Subject to subsection (3), where a person is convicted of an offence under subsection (1) and the body corporate in question is liable under sections 152 to 177 to a higher penalty by reason of a previous conviction than it would have been if not so convicted, that person shall be liable under those sections to the same penalties as the body corporate would be liable if a natural person, including imprisonment.

• (3) The person mentioned in subsection (2) shall not be so liable if he shows—

• (a) at the time of the offence he did not know of the previous conviction; and

• (b) at the time of the previous conviction he was not acting, or purporting to act, as a director, manager, secretary, or other similar officer of the body corporate.

Powers of sheriff for housing purposes

Sheriff may determine lease in certain cases

322

• (1) Where in respect of any premises that are leased—

• (a) a closing order, a demolition order or a resolution passed under section 125 has become operative, and

• (b) the lease is not determined,

the landlord, the tenant, or any other person deriving right under the lease may apply to the sheriff within whose jurisdiction the premises are situated for an order determining the lease.

• (2) On any such application the sheriff, after giving to any subtenant or other person whom he considers to be interested in the matter an opportunity of being heard, may, if he thinks fit, order that the lease shall be determined, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation or damages or otherwise) as he may think it just and equitable to impose.

• (3) In making an order under subsection (2) the sheriff shall have regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.

• (4) The sheriff shall not be entitled to order any payment to be made by the landlord to the tenant in respect of the lease of a house.

• (5) In this section the expression “lease” includes a sublease and any tenancy or tacit relocation following on a lease.

Sheriff may authorise superior to execute works, etc.

323

• (1) Subject to the provisions of this section, the superior of any lands and heritages may apply to the sheriff for an order entitling him to enter on those lands and heritages to execute works (including demolition works) within such period as may be specified in the order.

• (2) The sheriff may make such an order if—

• (a) the following notices or orders under this Act in respect of those lands and heritages are not being complied with—

• (i) a notice requiring the execution of works, or

• (ii) a closing order, or

• (iii) a notice or resolution requiring the demolition of a building under Part VI, and

• (b) the interests of the superior are thereby prejudiced, and

• (c) the sheriff thinks it just to make the order.

• (3) Before an order is made under this section notice of the application shall be given to the local authority.

Procedure on applications and appeals to sheriff

324

• (1) An application to the sheriff under paragraph 5 of Schedule 10 (restriction on contracting out) or section 110 (recovery of expenses by lessee) or Part VIII (houses in multiple occupation) shall be made by a summary application, and the sheriff’s decision on any such application shall be final.

• (2) The Court of Session may prescribe by rules of court the procedure on any appeal to the sheriff under this Act.

• (3) The sheriff may, before considering an appeal which may be made to him under this Act, require the appellant to deposit such sum to cover the expenses of the appeal as may be prescribed by rules of court.

• (4) The sheriff in deciding an appeal under this Act may make such order as he thinks just.

• (5) Any such order shall be final.

• (6) In the case of an appeal against a notice given or an order made by a local authority, the sheriff may either confirm, vary or quash the notice or order.

• (7) The sheriff—

• (a) may at any stage of the proceedings on an appeal under this Act, state a case to the Court of Session on any question of law that arises;

• (b) shall do so if so directed by the Court of Session.

• (8) A notice or order in respect of which an appeal lies to the sheriff under this Act (other than Part VIII) shall not have effect until either—

• (a) the time for appealing has expired without an appeal being made, or

• (b) in a case where an appeal is made, the appeal is determined or abandoned,

and no work shall be done or proceedings taken under such notice or order until it has effect.

Service

Occupier or tenant may be required to state interest

325

• (1) A local authority may, for the purpose of enabling them to serve—

• (a) any order made by them under section 114 or section 115, or section 119; or

• (b) any notice which they are by this Act authorised or required to serve,

require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises to state in writing the nature of his own interest in the premises and the name and address of any other person known to him as having an interest in them whether as holder of a heritable security, lessee or otherwise.

• (2) Any person who has been required by a local authority under subsection (1) to give them any information and either fails to do so or knowingly makes a false statement, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Service by description on certain persons whose identity is unknown and on a number of persons of one description

326

• (1) An order, notice or other document required or authorised to be served under this Act on any person as a person having control of premises 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) A document to be served on the person having control of premises, or on the person managing premises, or on the owner of premises under Parts IV, V, VI and VIII may be served on more than one person who comes within those descriptions.

Landlord’s identity

Disclosure of landlord's identity

327

• (1) If the tenant of premises occupied as a house makes a written request for the landlord’s name and address to any person who demands or to the last person who received rent payable under the tenancy or to any other person for the time being acting as agent for the landlord in relation to the tenancy, and that person fails without reasonable excuse to supply a written statement of the name and address within the period of 21 days beginning with the day on which he receives the tenant’s request, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (2) In any case where—

• (a) in response to a request under subsection (1), a tenant is supplied with the name and address of the landlord of the premises concerned; and

• (b) the landlord is a body corporate; and

• (c) the tenant makes a further written request to the landlord for information under this subsection,

the landlord shall, within the period of 21 days beginning with the day on which he receives the request under this subsection, supply to the tenant a written statement of the name and address of every director and the secretary of the landlord.

• (3) Any reference in subsection (1) or subsection (2) to a person’s address is a reference to his place of abode or his place of business or, in the case of a company, its registered office.

• (4) A request under subsection (2) shall be deemed to be duly made to the landlord if it is made to an agent of the landlord or to a person who demands the rent of the premises concerned, and any such agent or person to whom such a request is made shall as soon as may be forward it to the landlord.

• (5) A landlord who fails without reasonable excuse to comply with a request under subsection (2) within the period mentioned in that subsection and a person who fails without reasonable excuse to comply with any requirement imposed on him by subsection (4) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (6) In this section—

• “landlord” means the immediate landlord and, in relation to premises occupied under a right conferred by an enactment, includes the person who, apart from that right, would be entitled to possession of the premises;

• “tenant” includes a sub-tenant and a tenant under a right conferred by an enactment.

Duty to inform tenant of assignation of landlord's interest

328

• (1) If the interest of the landlord under a tenancy of premises which consist of or include a house is assigned, the person to whom that interest is assigned (in this section referred to as “the new landlord”) shall, within the appropriate period, give notice in writing to the tenant of the assignation and of the name and address of the new landlord.

• (2) In subsection (1), “the appropriate period” means the period beginning on the date of the assignation in question and ending either two months after that date or, if it is later, on the first day after that date on which rent is payable under the tenancy.

• (3) Subject to subsection (4), the reference in subsection (1) to the new landlord’s address is a reference to his place of abode or his place of business or, if the new landlord is a company, its registered office.

• (4) If trustees as such constitute the new landlord, it shall be a sufficient compliance with the obligation in subsection (1) to give the name of the new landlord to give a collective description of the trustees as the trustees of the trust in question, and where such a collective description is given—

• (a) the address of the new landlord for the purpose of that subsection may be given as the address from which the affairs of the trust are conducted; and

• (b) a change in the persons who are for the time being the trustees of the trust shall not be treated as an assignation of the interest of the landlord.

• (5) If any person who is the new landlord under a tenancy falling within subsection (1) fails, without reasonable excuse, to give the notice required by that subsection, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (6) In this section, “tenancy” includes a sub-tenancy and a statutory tenancy, within the meaning of the Rent (Scotland) Act 1984 and a statutory assured tenancy within the meaning of the Housing (Scotland) Act 1988 and “tenant” shall be construed accordingly.

• (7) In this section, “assignation” means a conveyance or other transfer (other than in security), and any reference to the date of the assignation means the date on which the conveyance or other transfer was granted, delivered or otherwise made effective.

Powers of Secretary of State

Power of Secretary of State in event of failure of local authority to exercise powers

329

• (1) In any case where—

• (a) a complaint has been made to the Secretary of State as respects the district of any local authority, by any four or more local government electors of the area, that the local authority have failed to exercise any of their powers under this Act in any case where those powers ought to have been exercised; or

• (b) the Secretary of State is of opinion that an investigation should be made as to whether a local authority have so failed,

the Secretary of State may cause a public local inquiry to be held.

• (2) If, after the inquiry has been held, the Secretary of State is satisfied that there has been such a failure on the part of the local authority, he may, after giving the authority an opportunity of making representations, make an order enabling him to exercise such of those powers as may be specified in the order.

• (3) Any expenses incurred by the Secretary of State in exercising such powers shall be paid in the first instance out of moneys provided by Parliament, but the amount of those expenses as certified by the Secretary of State shall on demand be paid by the local authority to the Secretary of State and shall be recoverable as a debt due to the Crown.

• (4) The payment of any such expenses shall, so far as the expenses are of a capital nature, be a purpose for which a local authority may borrow money.

• (5) The Secretary of State may by order vest in and transfer to the local authority any property, debts or liabilities acquired or incurred by him in exercising the powers of the authority.

• (6) If an order made under subsection (2) is revoked, the Secretary of State may, either by the revoking order or by a supplementary order, make such provision as appears to him desirable with respect to the transfer, vesting and discharge of any property, debts or liabilities acquired or incurred by the Secretary of State in exercising the powers and duties to which the order so revoked related.

Power of Secretary of State to prescribe forms, etc.

330

• (1) Subject to the provisions of this Act, the Secretary of State may by statutory instrument make regulations prescribing—

• (a) the form of any notice, advertisement, statement or other document which is required or authorised to be used under, or for the purposes of, this Act;

• (b) any other thing required or authorised to be prescribed under this Act.

• (2) The forms so prescribed or forms as near as may be to those forms shall be used in all cases to which those forms apply.

Regulations: procedure

331

Subject to the provisions of this Act, regulations made by a statutory instrument under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Secretary of State's power to dispense with advertisements and notices

332

• (1) The Secretary of State may dispense with the publication of advertisements or the service of notices required to be published or served by a local authority under this Act, if he is satisfied that there is reasonable cause for dispensing with the publication or service.

• (2) Any such dispensation may be given by the Secretary of State either before or after the time at which the advertisement is required to be published or the notice is required to be served, and either unconditionally or upon such conditions as to the publication of other advertisements or the service of other notices or otherwise as the Secretary of State thinks fit, due care being taken by the Secretary of State to prevent the interests of any person being prejudiced by the dispensation.

Local inquiries

333

For the purposes of the execution of his powers and duties under this Act, the Secretary of State may cause such local inquiries to be held as he may think fit.

Miscellaneous

Power of heir of entail to sell land for housing purposes

334

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

Crown rights

335

Nothing in this Act shall affect prejudicially any estate, right, power, privilege or exemption of the Crown, or authorise the use of or interference with any land (including tidal lands below high-water mark of ordinary spring tides) belonging to Her Majesty in right of the Crown or to any government department, without the consent of Her Majesty or the government department, as the case may be.

Limitation on liability of trustee, etc. for expenses incurred by local authority

336

• (1) Where a local authority seek to recover expenses incurred by them under any enactment in respect of work done on a house from a person mentioned in subsection (2), that person’s liability shall, if he proves the matters mentioned in subsection (3), be limited to the total amount of the funds, rents and other assets which he has, or has had, in his hands.

In this section “house” includes a building which contains a house, or a part of such a building.

• (2) The person mentioned in subsection (1) is a person who receives the rent of the house as trustee, tutor, curator, factor or agent for or of some other person or as the liquidator of a company.

• (3) The matters that person requires to prove are—

• (a) that he is a person mentioned in subsection (2); and

• (b) that he has not, and since the date of service on him of a demand for payment of the expenses has not had, in his hands on behalf of that other person or, in the case of a liquidator of a company, on behalf of the creditors or members of the company, sufficient funds, rents and other assets to pay those expenses in full.

• (4) Nothing in this section affects any right of a local authority to recover the whole or any part of those expenses from any other person.

Fair wages

337

Interpretation

338

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

• “Act of 1966” means the Housing (Scotland) Act 1966;

• “Act of 1968” means the Housing (Financial Provisions) (Scotland) Act 1968;

• “Act of 1969” means the Housing (Scotland) Act 1969;

• “Act of 1972” means the Housing (Financial Provisions) (Scotland) Act 1972;

• “Act of 1974” means the Housing (Scotland) Act 1974;

• “Act of 1978” means the Housing (Financial Provisions) (Scotland) Act 1978;

• “Act of 1980” means the Tenants’ Rights, Etc. (Scotland) Act 1980;

• “Act of 1985” means the Housing Act 1985;

• “Act of 1986” means the Housing (Scotland) Act 1986;

• “agricultural holding” means the land comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or the land comprised in a lease constituting a short limited duration tenancy or a limited duration tenancy (within the meaning of that Act);

• “agriculture” means the use of land for agricultural or pastoral purposes, or for the purpose of poultry farming or market gardening, or as an orchard or woodlands, or for the purpose of afforestation, and “agricultural worker” shall be construed accordingly;

• “apparatus” means sewers, drains, culverts, water-courses, mains, pipes, valves, tubes, cables, wires, transformers and other apparatus laid down or used for or in connection with the carrying, conveying or supplying to any premises of a supply of water, water for hydraulic power, gas or electricity, and standards and brackets carrying road lighting;

• “bank” means—

• (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits,

• (ab) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits, or

• (b) a company as to which the Secretary of State was satisfied immediately before the repeal of the Protection of Depositors Act 1963 that it ought to be treated as a banking company or discount company for the purposes of that Act;

• “building regulations” means any statutory enactments, byelaws, rules and regulations or other provisions under whatever authority made, relating to the construction of new buildings and the laying out of and construction of new roads;

• “building society” means a building society within the meaning of the Building Societies Act 1986;

• “closing order” means a closing order made under sections 114 or 119;

• “Corporation” means the Housing Corporation;

• “croft” and “crofter” have the like meanings respectively as in the Crofters (Scotland) Acts 1955 and 1961;

• “demolition order” has the meaning assigned to it by section 115;

• “development corporation” means a development corporation established by an order made or having effect as if made under the New Towns (Scotland) Act 1968;

• ...

• “disabled person” has the same meaning as in the Equality Act 2010,

• “Exchequer contribution” means a payment (other than a payment by way of advance or loan) which the Secretary of State is required or authorised by or under any Act relating to housing, to make for housing purposes;

• “family” and any reference to membership thereof shall be construed in accordance with section 83;

• “financial year”, in relation to a local authority, has the same meaning as in section 96(5) of the Local Government (Scotland) Act 1973;

• “flat” means a separate and self-contained set of premises, whether or not on the same floor and forming part of a building from some other part of which it is divided horizontally;

• “friendly society” means a society registered under the Friendly Societies Act 1974 or earlier legislation;

• “holding” has the like meaning as in the Small Landholders (Scotland) Acts 1886 to 1931;

• “hostel” has the meaning assigned to it by section 2(5);

• “house” (except in relation to Part XIV) includes any part of a building, being a part which is occupied or intended to be occupied as a separate dwelling, and, in particular, includes a flat, and includes also any yard, garden, out-houses and pertinents belonging to the house or usually enjoyed therewith and also includes any structure made available under section 1 of the Housing (Temporary Accommodation) Act 1944;

• ...

• “housing association” has the same meaning as it has in the Housing Associations Act 1985;

• ...

• ...

• ...

• “land” includes any right or interest in land;

• “landholder” has the like meaning as in the Small Landholders (Scotland) Acts 1886 to 1931;

• “Lands Tribunal” means the Lands Tribunal for Scotland;

• “loan charges” means, in relation to any borrowed moneys, the sum required for the payment of interest on those moneys and for the repayment thereof either by instalments or by means of a sinking fund;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and the district of a local authority means the area of such a council;

• “local authority landlord” has the same meaning as in the Housing (Scotland) Act 2001 (asp 10);

• “official representation” means, in the case of a local authority, a representation made to the authority by the proper officer of the local authority;

• “open space” means any land laid out as a public garden or used for the purposes of public recreation, and any disused burial ground;

• “order for possession” has the meaning assigned to it by section 115(1) of the Rent (Scotland) Act 1984;

• “overspill agreement” has the same meaning as in section 9(1) of the Housing and Town Development (Scotland) Act 1957;

• “owner” includes any person who under the Lands Clauses Acts would be enabled to sell and convey land to the promoters of an undertaking, but in Part XIII and sections 99 to 104, in relation to a house, means the person who is for the time being entitled to receive the rent of the house or who, if the house were let, would be so entitled and a tenant-at-will;

• “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument;

• “proper officer”, in relation to any purpose of a local authority, means an officer appointed for that purpose by that authority;

• “public undertakers” means any corporation, company, body or person carrying on a railway, canal, inland navigation, dock, harbour, tramway, gas, . . . , water or other public undertaking (including a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011 ) in connection with the provision of a universal postal service (within the meaning of that Part ));

• “registered housing association” means a housing association registered under the Housing Associations Act 1985;

• “registered social landlord” has the same meaning as in the Housing (Scotland) Act 2010 (asp 17) ;

• “regular armed forces of the Crown” means the Royal Navy, the regular forces as defined by section 225 of the Army Act 1955, the regular air force as defined by section 223 of the Air Force Act 1955, Queen Alexandra’s Royal Naval Nursing Service and the Women’s Royal Naval Service;

• ...

• “road” has the same meaning as it has in the Roads (Scotland) Act 1984;

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

• ...

• ...

• “a service charge” means any charge referred to in section 211;

• . . .

• ...

• “statutory small tenant” has the like meaning as in the Small Landholders (Scotland) Acts 1886 to 1931;

• “statutory tenant” has the same meaning as it has in section 3 of the Rent (Scotland) Act 1984;

• ...

• “tenancy” in Parts IV and XIII includes a sub-tenancy, a statutory tenancy within the meaning of section 115(1) of the Rent (Scotland) Act 1984 and a contract to which Part VII of that Act applies and a statutory assured tenancy within the meaning of the Housing (Scotland) Act 1988 and “tenant” shall be construed accordingly; and any reference to a tenancy of a house or to the tenant thereof shall be construed as including a reference to all the tenancies of that house or to all the tenants thereof as the case may be;

• “tolerable standard” has the meaning assigned to it by section 86;

• . . .

• “year” means, in relation to a local authority, a financial year within the meaning of section 96(5) of the Local Government (Scotland) Act 1973 and, in relation to a development corporation, the Scottish Special Housing Association or a housing association, means a year ending on 31st March;

• “the year 1986-87” means the year beginning in 1986 and ending in 1987, and so on.

• (1A) The definitions of “bank” and “insurance company” in subsection (1) must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000;

• (b) any relevant order under that section; and

• (c) Schedule 2 to that Act.

• (2) For the purposes of this Act—

• (a) the person who for the time being is entitled to receive, or would, if the same were let, be entitled to receive, the rent of any premises, including a trustee, tutor, curator, factor or agent, shall be deemed to be the person having control of the premises; and

• (b) a crofter or a landholder shall be deemed to be the person having control of any premises on his croft or holding in respect of which he would, on the termination of his tenancy, be entitled to compensation under the Crofters (Scotland) Acts 1955 and 1961 or, as the case may be, the Small Landholders (Scotland) Acts 1886 to 1931, as for an improvement.

• (3) In this Act, any reference to the demolition of a building shall be deemed to include a reference to such reconstruction of the building as the local authority may approve; and where a building is so reconstructed any reference to selling, letting or appropriating the land, the building on which has been or will be demolished, shall, unless the context otherwise requires, be construed as a reference to selling, letting or appropriating the land and the reconstructed building.

Minor and consequential amendments, transitional provisions and repeals

339

• (1) This Act shall have effect subject to the transitional provisions and savings contained in Schedule 22.

• (2) The enactments specified in Schedule 23 shall have effect subject to the amendments set out in that Schedule being minor amendments and amendments consequential on the provisions of this Act.

• (3) The enactments specified in Schedule 24 are hereby repealed to the extent specified in the third column of that Schedule.

Citation, commencement and extent

340

• (1) This Act may be cited as the Housing (Scotland) Act 1987.

• (2) This Act shall come into force at the end of the period of 3 months beginning with the day on which it is passed.

• (3) This Act extends to Scotland only.

SCHEDULE 1

1

—If the Lands Tribunal are satisfied that the rent of any premises was enhanced by reason of their being used for illegal purposes, the compensation shall, so far as it is based on rental, be based on the rental which would have been obtainable if the premises were occupied for legal purposes.

2

—If the Lands Tribunal are satisfied that the rent of any premises was higher than that generally obtained at the time for similar premises in the locality and that such enhanced rent was obtained by reason of the premises being overcrowded within the meaning of Part VII, the compensation shall, so far as it is based on rent, be based on the rent so generally obtained.

3

The local authority may tender evidence as to the matters mentioned in paragraphs 1 or 2 although they have not taken any steps to remedy them.

4

—The Lands Tribunal shall (except as provided in section 15(1) of the Land Compensation (Scotland) Act 1963) have regard to, and make an allowance in respect of, any increased value which, in their opinion, will be given to other premises of the same owner by the demolition by the local authority of any buildings.

5

—The Lands Tribunal shall embody in their award a statement showing separately whether compensation has been reduced by reference to the use of the premises for illegal purposes, to overcrowding, and to the considerations mentioned in paragraph 4 of this Schedule, and the amount (if any) by which compensation has been reduced by reference to each of those matters.

SCHEDULE 2

Premises occupied under contract of employment

1

• (1) A tenancy shall not be a secure tenancy if the tenant (or one of joint tenants) is an employee of the landlord or of any local authority or development corporation, and his contract of employment requires him to occupy the house for the better performance of his duties.

• (2) In this paragraph “contract of employment” means a contract of service or of apprenticeship, whether express or implied, and (if it is express) whether it is oral or in writing.

Temporary letting to person seeking accommodation

2

—A tenancy shall not be a secure tenancy if the house was let by the landlord expressly on a temporary basis to a person moving into an area in order to take up employment there, and for the purpose of enabling him to seek accommodation in the area.

Temporary letting pending development

3

—A tenancy shall not be a secure tenancy if the house was let by the landlord to the tenant expressly on a temporary basis, pending development affecting the house.

Temporary accommodation during works

4

—A tenancy shall not be a secure tenancy if the house is occupied by the tenant while works are being carried out on the house which he normally occupies as his home, and if he is entitled to return there after the works are completed—

• (a) by agreement; or

• (b) by virtue of an order of the sheriff under section 48(5).

Accommodation for homeless persons

5

—A tenancy shall not be a secure tenancy if the house is being let to the tenant expressly on a temporary basis, in the fulfilment of a duty imposed on a local authority by Part II.

Agricultural and business premises

6

—A tenancy shall not be a secure tenancy if the house—

• (a) is let together with agricultural land exceeding two acres in extent;

• (b) consists of or includes premises which are used as a shop or office for business, trade or professional purposes;

• (c) consists of or includes premises licensed for the sale of exciseable liquor; or

• (d) is let in conjunction with any purpose mentioned in sub-paragraph (b) or (c).

Police and fire authorities

7

—A tenancy shall not be a secure tenancy if the landlord is an authority or committee mentioned in—

• (a) section 61(2)(a)(viii) and the tenant—

• (i) is a constable of a police force, within the meaning of the Police (Scotland) Act 1967, who in pursuance of regulations under section 26 of that Act occupies the house without obligation to pay rent or rates; or

• (ii) in a case where head (i) above does not apply, is let the house expressly on a temporary basis pending its being required for the purposes of such a police force; or

• (b) section 61(2)(a)(ix) and the tenant—

• (i) is a member of a fire brigade, maintained in pursuance of the Fire Services Act 1947, who occupies the house in consequence of a condition in his contract of employment that he live in close proximity to a particular fire station; or

• (ii) in a case where head (i) above does not apply, is let the house expressly on a temporary basis pending its being required for the purposes of such a fire brigade.

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

8

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

• (a) is held by the landlord for purposes other than the provision of housing accommodation; and

• (b) consists of accommodation other than housing accommodation.

SCHEDULE 3

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

1

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

2

• (1) The tenant, a person residing or lodging in the house with the tenant or a person visiting the house has been convicted of—

• (a) using or allowing the house to be used for immoral or illegal purposes; or

• (b) an offence punishable by imprisonment committed in, or in the locality of, the house.

• (2) In sub-paragraph (1) above “tenant” includes any one of joint tenants and any sub-tenant.

3

—The condition of the house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant (or any one of joint tenants) or any person residing or lodging with him or any sub-tenant of his; and in the case of acts of waste by, or the neglect or default of, a person lodging with a tenant or by a sub-tenant of his, the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

4

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

5

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

6

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

7

• (1) The tenant, a person residing or lodging in the house with the tenant or a person visiting the house has—

• (a) acted in an anti-social manner in relation to a person residing, visiting or otherwise engaging in lawful activity in the locality; or

• (b) pursued a course of anti-social conduct in relation to such a person as is mentioned in head (a) above,

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

• (2) In sub-paragraph (1) above—

• “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance;

• “conduct” includes speech and a course of conduct must involve conduct on at least two occasions; and

• “tenant” includes any one of joint tenants and any sub-tenant.

8

—The tenant of the house (or any one of joint tenants) or any person residing or lodging with him or any sub-tenant of his has been guilty of conduct in or in the vicinity of the house which is a nuisance or annoyance and in the opinion of the landlord it is appropriate in the circumstances to require the tenant to move to other accommodation.

9

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

10

—It is intended within a reasonable period of time to demolish, or carry out substantial work on, the building or a part of the building which comprises or includes the house, and such demolition or work cannot reasonably take place without the landlord obtaining possession of the house.

11

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

• (a) there is no longer a person with such special needs occupying the house; and

• (b) the landlord requires it for occupation (whether alone or with other members of his family) by a person who has such special needs.

12

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

• (a) there is no longer a person with such a need occupying the house; and

• (b) the landlord requires it for occupation (whether alone or with other members of his family) by a person who has such a need.

13

—The landlord is a housing association which has as its object, or as one of its objects, the housing of persons who are in a special category by reason of age, infirmity, disability or social circumstances and the tenant (or one of joint tenants), having been granted a tenancy as a person falling into such a special category, has ceased to be in the special category, or for other reasons the accommodation in the house is no longer suitable for his needs, and the accommodation is required for someone who is in a special category.

14

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

• (a) has terminated, or

• (b) will terminate within a period of 6 months from the date of raising of proceedings for recovery of possession.

15

• (a) The landlord is the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for Orkney Islands, Shetland Islands or Western Isles; and

• (b) the house is—

• (i) held by the council for the purposes of its functions as education authority; and

• (ii) required for the accommodation of a person who is or will be employed by the council for those purposes; and

• (c) the council cannot reasonably provide a suitable alternative house for the accommodation referred to in sub-paragraph (b)(ii); and

• (d) the tenant (or any one of joint tenants) is, or at any time during the tenancy has been or, where the tenancy passed to the existing tenant under section 52, the previous tenant at any time during the tenancy was, employed by the council for the purposes of its functions as education authority and such employment has terminated or notice of termination has been given.

16

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

• (a) the tenant’s spouse (or former spouse); or

• (b) a person with whom the tenant has been living as husband and wife,

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

PART II — SUITABILITY OF ACCOMMODATION

1

—For the purposes of sections 48(3) and 51(3), accommodation is suitable if—

• (a) it consists of premises which are to be let as a separate dwelling under a secure tenancy or under a protected tenancy within the meaning of the Rent (Scotland) Act 1984 or under an assured tenancy within the meaning of the Housing (Scotland) Act 1988; and

• (b) it is reasonably suitable to the needs of the tenant and his family.

2

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

• (a) its proximity to the place of work (including attendance at an educational institution) of the tenant and of other members of his family, compared with his existing house;

• (b) the extent of the accommodation required by the tenant and his family;

• (c) the character of the accommodation offered compared to his existing house;

• (d) the terms on which the accommodation is offered to the tenant compared with the terms of his existing tenancy;

• (e) if any furniture was provided by the landlord for use under the existing tenancy, whether furniture is to be provided for use under the new tenancy which is of a comparable nature in relation to the needs of the tenant and his family;

• (f) any special needs of the tenant or his family.

3

—If the landlord has made an offer in writing to the tenant of new accommodation which complies with paragraph 1(a) and which appears to it to be suitable, specifying the date when the accommodation will be available and the date (not being less than 14 days from the date of the offer) by which the offer must be accepted, the accommodation so offered shall be deemed to be suitable if—

• (a) the landlord shows that the tenant accepted the offer within the time duly specified in the offer; or

• (b) the landlord shows that the tenant did not so accept the offer, and the tenant does not satisfy the court that he acted reasonably in failing to accept the offer.

SCHEDULE 4

1

—A secure tenant who wishes to assign, sublet or otherwise give up to another person possession of the house which is the subject of the secure tenancy or any part thereof or take in a lodger shall serve on the landlord an application in writing for the landlord’s consent, giving details of the proposed transaction, and in particular of any payment which has been or is to be received by the tenant in consideration of the transaction.

2

—In relation to an application under paragraph 1, the landlord may consent, or may refuse consent, provided that it is not refused unreasonably.

3

• (a) The landlord shall serve on the tenant notice in writing of consent or refusal, and in the case of refusal the reasons therefor, within one month of receipt of the application;

• (b) where the landlord fails to serve a notice in accordance with paragraph (a) within the period therein mentioned, the landlord shall be deemed to have consented to the application.

4

—A tenant who is aggrieved by a refusal (other than a refusal on the grounds provided for in section 55(2)) may raise proceedings by summary application in the sheriff court of the district in which the house is situated.

5

—In proceedings under paragraph 4, the sheriff shall order the landlord to consent to the application unless it appears to him that the refusal is reasonable.

6

—In deciding whether a refusal is reasonable the sheriff shall have regard in particular to—

• (a) whether the consent would lead to overcrowding of the house in such circumstances as to render the occupier guilty of an offence under section 139; and

• (b) whether the landlord proposes to carry out works on the house or on the building of which it forms part so that the proposed works will affect the accommodation likely to be used by the sub-tenant or lodger who would reside in the house as a result of the consent.

SCHEDULE 5

1

—A secure tenant who wishes to carry out work shall serve on the landlord an application in writing for the landlord’s consent, giving details of the work proposed to be carried out.

2

—In relation to an application under paragraph 1, the landlord may—

• (a) consent;

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

• (c) consent subject to such reasonable conditions as the landlord may impose.

3

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

4

—In the event that the landlord fails to make intimation in accordance with paragraph 3 within the period therein mentioned, the landlord shall be deemed to have consented to the application.

5

—A tenant who is aggrieved by a refusal, or by any condition imposed under paragraph 2(c), may raise proceedings by summary application in the sheriff court of the district in which the house is situated.

6

—In proceedings under paragraph 5, the sheriff shall order the landlord to consent to the application or, as the case may be, to withdraw the condition unless it appears to him that the refusal or condition is reasonable.

7

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

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

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

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

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

SCHEDULE 6

The Town and Country Planning (Scotland) Act 1997 (c. 8)

1

—Paragraphs 1(2), 6 to 13 and 16 to 39 of Schedule 15 only shall apply and in them any reference to a general vesting declaration shall be treated as a reference to an order under section 77.

2

—The references in paragraphs 6, 7 and 37 of that Schedule to the end of the period specified in a general vesting declaration shall be treated as references to the date on which such an order comes into force and the reference in paragraph 9 thereof to the acquiring authority having made a general vesting declaration shall be treated as a reference to such order having come into force.

3

—In paragraph 6 of that Schedule—

• (a) the reference to every person on whom, under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, the acquiring authority could have a served a notice to treat, shall be treated as a reference to every person whose interest in the land to which such order relates is vested by the order in the landlord; and

• (b) sub-paragraph (a) shall be omitted.

4

—The reference in paragraph 20(2) of that Schedule to the date on which the notice required by paragraph 4 thereof is served on any person shall be treated as a reference to the date on which such an order comes into force.

5

—In paragraph 29 of that Schedule—

• (a) sub-paragraph (1)(a) shall be omitted; and

• (b) the reference in sub-paragraph (1)(b) to the date on which a person first had knowledge of the execution of the general vesting declaration shall be treated as a reference to the date on which such order came into force.

The Land Compensation (Scotland) Act 1963 (c.51)

6

—Any reference to the date of service of a notice to treat shall be treated as a reference to the date on which an order under section 77 comes into force.

7

—Section 25(2) shall be treated as if for the words “the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority” there were substituted the words “an order under section 77 of the Housing (Scotland) Act 1987 vesting the land in which the interest subsists in the landlord has come into force, or an agreement has been made for the sale of the interest to the landlord”.

8

—In section 30—

• (a) subsection (2) shall be treated as if at the end of paragraph (c) there were added the words—

; or— (d) where an order has been made under section 77 of the Housing (Scotland) Act 1987 vesting the land in which the interest subsists in the landlord.

; and

• (b) subsection (3) shall be treated as if in paragraph (a) the words “ “or (d)” ” were inserted after the words “subsection (2)(b)”.

9

—Any reference to a notice to treat in section 45(2) shall be treated as a reference to an order under the said section 77.

10

—In Schedule 2, paragraph 2(1)(a) shall be treated as if the words “or the coming into force of an order under section 77 of the Housing (Scotland) Act 1987 for the vesting of the land in the landlord” were inserted after the word “land”.

SCHEDULE 7

PART I — CONSENT TO DEMOLITION OF LISTED BUILDINGS IN HOUSING ACTION AREAS, ETC.

Buildings subject to compulsory purchase orders for demolition subsequently listed

1

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

Buildings acquired by agreement for demolition subsequently listed

2

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

PART II — REHABILITATION ORDERS

Application and effect of rehabilitation orders

3

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

Miscellaneous provisions relative to rehabilitation orders

4

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

5

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

6

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

7

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

Procedure for making and confirming rehabilitation orders

8

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

9

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

10

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

11

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

Interpretation of this Part of this Schedule

12

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

PART III — APPLICATION OF ENACTMENTS RELATING TO COMPENSATION ON COMPULSORY PURCHASE, ETC., TO CASES UNDER PART I OR PART II OF THIS SCHEDULE

Compensation

13

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

Extension of time limits for exercising powers under certain compulsory purchase orders

14

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

SCHEDULE 8

PART I — HOUSING ACTION AREAS

Procedure after publication of draft resolution

1

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

2

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

PART II — POWERS OF LOCAL AUTHORITY IN RELATION TO ACQUISITION OF LAND FOR HOUSING ACTION AREAS

3

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

Land adjoining housing action area

4

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

Further provisions relating to acquisition of land

5

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

Land belonging to local authority

6

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

Local authority may take possession of land

7

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

Local authority may sell or lease land

8

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

Extinction of rights of way servitudes, et ceteralaetc.

9

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

Provisions as to apparatus of public undertakers

10

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

Saving for telecommunication apparatus, et ceteralaetc.

11

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

PART III — COMPENSATION IN RESPECT OF LAND ACQUIRED COMPULSORILY

12

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

PART IV — ADJUSTMENT OF RELATIONS BETWEEN LESSORS AND LESSEES OF AGRICULTURAL HOLDINGS, ETC.

13

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

SCHEDULE 9

1

—Where under sections 108(3), 131(2) and 164(4) a local authority have themselves incurred expenses in relation to a house or building, they may make in favour of themselves an order (in this Schedule referred to as a “charging order”) providing and declaring that the house or building is thereby charged and burdened with an annuity to pay the amount of the expenses.

2

—The annuity charged shall be such sum not exceeding such sum as may be prescribed, as the local authority may determine for every £100 of the said amount and so in proportion for any less sum....

3

—A charging order shall be in such form as may be prescribed and shall be recorded in the General Register of Sasines, or registered in the Land Register, as the case may be.

4

—Every annuity constituting a charge by a charging order duly recorded in the General Register of Sasines or registered in the Land Register, as the case may be, shall be a charge on the premises specified in the order and shall have priority over—

• (a) all future burdens and incumbrances on the same premises, and

• (b) all existing burdens and incumbrances thereon except—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) any charges created or arising under any provision of the Public Health (Scotland) Act 1897 or any Act amending that Act, or any local Act authorising a charge for recovery of expenses incurred by a local authority, or under this Schedule; and

• (iii) any charge created under any Act authorising advances of public money.

5

—A charging order duly recorded in the General Register of Sasines or registered in the Land Register, as the case may be, shall be conclusive evidence that the charge specified therein has been duly created in respect of the premises specified in the order.

6

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

7

—A charging order and all sums payable thereunder may be from time to time transferred in like manner as a standard security and sums payable thereunder.

8

—Any owner of, or other person interested in, premises on which an annuity has been charged by any such charging order shall at any time be at liberty to redeem the annuity on payment to the local authority or other person entitled thereto of such sum as may be agreed upon or, in default of agreement, determined by the Secretary of State.

SCHEDULE 10

Obligations to repair

1

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

Application of paragraph 1 to houses occupied by agricultural workers otherwise than as tenants

2

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

Repairing obligations in short leases of houses

3

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

Application of paragraph 3

4

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

Restriction on contracting out

5

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

SCHEDULE 11

PART I — MANAGEMENT SCHEMES

1

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

Recovery by local authority of capital expenditure

2

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

PART II — APPEAL AND REVIEW

3

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

4

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

5

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

6

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

Powers of court to restrict recovery of possession

7

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

PART III — CONSEQUENCES OF CESSATION OF CONTROL ORDER

Transfer of landlord’s interest in tenancies and agreements

8

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

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

9

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

Interpretation

10

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

PART IV — RECOVERY OF EXPENSES BY LOCAL AUTHORITY EXECUTING WORKS UNDER SECTION 164

11

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

SCHEDULE 12

1

• (1) No payment shall be made—

• (a) for the year 1979-80 or any subsequent year to a local authority under any of the enactments specified in Part I of the Table in paragraph 2;

• (b) for the year 1978-79 or any subsequent year to—

• (i) the Scottish Special Housing Association under any of the enactments specified in Parts II or III of that Table;

• (ii) a development corporation under any of the enactments specified in Part II of that Table.

• (2) The right of a local authority to receive any payment under any of the enactments specified in Part I of that Table or section 105 of the Housing (Scotland) Act 1950 shall be extinguished unless an application has been made for the payment before 31st March 1980 or such later date as the Secretary of State may in exceptional circumstances allow.

• (3) Subject to the following provisions of this paragraph, where—

• (a) information given to the Secretary of State on any such application as is mentioned in sub-paragraph (2) for a payment includes any particulars which are, and are stated to be, based on an estimate; and

• (b) it appears to the Secretary of State—

• (i) that the estimate is reasonable, and

• (ii) that, assuming the estimate were correct, the information and other particulars given on the application are sufficient to enable him to determine the amount of the payment;

the Secretary of State may accept the estimate and make a payment accordingly.

• (4) Any payment made in pursuance of sub-paragraph (3) so far as it is based on an estimate of the cost of land may be adjusted when the final cost of the land is ascertained.

• (5) Where any payment is made in pursuance of sub-paragraph (3), the recipient shall not be entitled to question the amount of the payment on a ground which means that the estimate was incorrect.

• (6) Where the Secretary of State is not satisfied that the estimate is reasonable, he may, if he thinks fits, accept the application and make a payment of such amount as appears to him reasonable.

• (7) No housing association grant under Part II of the Housing Associations Act 1985 shall be paid to a local authority, the Association or a development corporation in respect of any project completed after 31st March 1979.

• (8) No payment shall be made for the year 1979-80 or any subsequent year under—

• (a) section 27(1) of the Housing (Scotland) Act 1949, section 89(1) of the Housing (Scotland) Act 1950 or section 21(1) of the 1968 Act (exchequer contributions for hostels); or

• (b) section 33 of the Housing Act 1974 or section 55 of the Housing Associations Act 1985 (hostel deficit grants),

to a local authority, the Association or a development corporation.

2

Table

SCHEDULE 13

SCHEDULE 14

SCHEDULE 15

PART I — APPLICATION OF ACCOUNT

1

• (1) The houses, buildings and land specified for the purposes of section 203(1) (the housing revenue account) are—

• (a) all houses and other buildings which have been provided after 12th February 1919 for the purpose of—

• (i) Part III of the Housing (Scotland) Act 1925, or

• (ii) any enactment relating to the provision of housing accommodation for the working classes repealed by that Act, or

• (iii) Part V of the Housing (Scotland) Act 1950, or

• (iv) Part VII of the Act of 1966, or

• (v) Part I of this Act;

• (b) all land which after that date has been acquired or appropriated for the purposes of any of the enactments mentioned or referred to in paragraph (a) including—

• (i) all land which is deemed to have been acquired under Part III of the said Act of 1925 by virtue of section 15(4) of the Housing (Scotland) Act 1935, and

• (ii) any structures on such land which were made available to a local authority under section 1 of the Housing (Temporary Accommodation) Act 1944;

• (c) all dwellings provided or improved by the local authority in accordance with improvement proposals approved by the Secretary of State under—

• (i) section 2 of the Housing (Scotland) Act 1949, or

• (ii) section 105 of the said Act of 1950, or

• (iii) section 13 of the Act of 1968,

and all land acquired or appropriated by the authority for the purpose of carrying out such proposals;

• (d) all houses in housing action areas within the meaning of Part II of the Housing (Scotland) Act 1974 or Part IV of this Act which have been purchased by the local authority under Part II of the said Act of 1974 or Part IV of this Act for the purpose of bringing them or another house up to the standard specified under section 16(3) or by virtue of section 17(3) of the Housing (Scotland) Act 1974 or section 90(3) or 91(3) of this Act;

• (e) all buildings provided or converted for use as lodging houses (that is to say houses not occupied as separate dwellings) or hostels as defined in section 138(4) of the Act of 1966 and section 2(5) of this Act or as parts of lodging houses or hostels.

• (2) Where a house is for the time being vested in a local authority by reason of the default of any person in carrying out the terms of any arrangements under which assistance in respect of the provision, reconstruction or improvement of the house has been given under any enactment relating to housing, the house shall be deemed for the purposes of sub-paragraph (1) to be a house which has been provided by the authority under Part VII of the Act of 1966 or Part I of this Act.

• (3) The houses and other property to which a local authority’s housing revenue account relates shall include any property brought within the account before 27th August 1972—

• (a) with the consent of the Secretary of State given under section 60(1)(f) of the Act of 1968, or

• (b) by virtue of subsection (2) of the said section (house vesting in local authority on default of another person).

PART II — OPERATION OF ACCOUNT

Credits

2

• (1) For each year a local authority shall carry to the credit of the housing revenue account amounts equal to—

• (a) the income receivable by the local authority from standard rents;

• (b) any income receivable by the local authority for that year in respect of service charges, supplementary charges, feuduties and any other charges in respect of houses and other property to which the account relates;

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

• (d) any income receivable by the local authority for that year in respect of all such buildings as are referred to in paragraph 1(1)(e);

• (e) any payments received by the local authority from another local authority in pursuance of any overspill agreement, being payments such as are mentioned in paragraph 3(f) of this Schedule;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) income, and receipts in the nature of income, being income or receipts arising for that year from the investment or other use of money carried to the account;

• (h) any other income of any description, except a contribution out of the general fund kept under section 93 of the Local Government (Scotland) Act 1973, receivable by the local authority for that year, being income relating to expenditure falling to be debited to the account for that year;

• (i) such other income of the local authority as the Secretary of State may direct.