Housing (Scotland) Act 1987

Type Public General Act
Publication 2026-01-12
Last updated 2022-11-29
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
  • (2) Subject to sub-paragraph (3), where any house or other property to which the account relates has been sold or otherwise disposed of, an amount equal to any income of the local authority arising from the investment or other use of capital money received by the authority in respect of the transaction shall be carried to the credit of the account.
  • (3) Sub-paragraph (2) shall not apply—
  • (a) where the Secretary of State otherwise directs as respects the whole or any part of such income, or
  • (b) as respects income from capital money carried to a capital fund under paragraph 23 of Schedule 3 to the Local Government (Scotland) Act 1975.
  • (4) An amount equal to any income of the local authority arising from an investment or other use of borrowed moneys in respect of which the authority are required under paragraph 3 below to debit loan charges to the account shall be carried to the credit of the account.
  • (5) For any year, the local authority may, with the consent of the Secretary of State, carry to the credit of the account, in addition to the amounts required by the foregoing provisions of this Schedule, such further amounts, if any, as they think fit.

Debits

3

—Subject to paragraph 4 of this Schedule, for each year a local authority shall debit to the housing revenue account amounts equal to—

  • (a) the loan charges which the local authority are liable to pay for that year in respect of money borrowed by a local authority for the purpose of—
  • (i) the provision by them after 12th February 1919 of housing accommodation under the enactments referred to in paragraph 1(1)(a),
  • (ii) the provision or improvement by them of dwellings in accordance with improvement proposals approved by the Secretary of State under section 2 of the Housing (Scotland) Act 1949 or under section 105 of the Housing (Scotland) Act 1950 or under section 13 of the Act of 1968,
  • (iii) meeting expenditure on the repair of houses and other property to which the account relates,
  • (iv) the improvement of amenities of residential areas under section 251 on land to which the account relates,
  • (v) the alteration, enlargement or improvement under section 2(3) of any house:
  • (a) was demolished after 27th July 1972; or
  • (b) was disposed of after 25th May 1978;
  • (b) the taxes, feuduties, rents and other charges which the local authority are liable to pay for that year in respect of houses and other property to which the account relates;
  • (c) the expenditure incurred by the local authority for that year in respect of the repair, maintenance, supervision and management of houses and other property to which the account relates, other than the expenditure incurred by them in the administration of a rent rebate scheme;
  • (d) the expenditure incurred by the local authority for that year in respect of all such buildings as are referred to in paragraph 1(1)(e);
  • (e) the arrears of rent which have been written off in that year as irrecoverable, and the income receivable from any houses to which the account relates during any period in that year when they were not let;
  • (f) any payments made by the local authority to another local authority or a development corporation in pursuance of any overspill agreement, being payments towards expenditure which, if it had been incurred by the first-mentioned authority, would have been debited by them to their housing revenue account in pursuance of this paragraph;
  • (g) such other expenditure incurred by the local authority as the Secretary of State directs shall be debited to the housing revenue account.
4

—A local authority shall not debit to the housing revenue account amounts equal to—

  • (a) expenditure on the provision of anything under section 3 or 5 (which relate respectively to the powers of a local authority to provide shops, etc., and laundry facilities) or the supply of anything under section 4 (which relates to the power of a local authority to provide furniture, etc.), or
  • (b) any part of expenditure attributable to site works and services of a house or houses or other property to which the housing revenue account relates which exceeds the expenditure required for the provision of the house or houses or other property:
  • (i) anything referred to in paragraphs (a) and (b) of section 211(1) in respect of which the local authority are required to make a service charge;
  • (ii) any garage, car-port or other car-parking facilities provided by the local authority under the terms of the tenancy of a house,

and the exclusion from the housing revenue account of expenditure on the supply or provision of anything under sections 4 or 5 shall not extend to such expenditure when incurred in relation to a hostel or a lodging-house.

Supplemental

5

—Any requirement of this Schedule as respects any amount to be debited or credited to the account may be met by taking in the first instance an estimate of the amount, and by making adjustments in the account for a later year when the amount is more accurately known or is finally ascertained.

6

—A local authority may, with the consent of the Secretary of State, exclude from the housing revenue account any of the items of income or expenditure mentioned in the foregoing provisions of this Schedule, or may with such consent include any items of income or expenditure not mentioned in those foregoing provisions.

7

—Where it appears to the Secretary of State that amounts in respect of any items of income or expenditure other than those mentioned in the foregoing provisions of this Schedule ought properly to be credited or debited to a housing revenue account, or that amounts in respect of any of the items of income and expenditure mentioned in the foregoing provisions of this Schedule which ought properly to have been credited or debited to the account have not been so credited or debited, or that any amounts have been improperly credited or debited to the account, he may, after consultation with the local authority, give directions for the appropriate credits or debits to be made or for the rectification of the account, as the case may require.

8

—The Secretary of State may direct that items of income or expenditure, either generally or of a specific category, shall be included in or excluded from the account.

9
  • (1) If at any time a credit balance is shown in the housing revenue account, the whole or part of it may be made available for any purpose for which the general fund of the local authority maintained under section 93 of the Local Government (Scotland) Act 1973 may lawfully be applied.
  • (2) If for any year a deficit is shown in the said account, the local authority shall carry to the credit of the account a contribution out of the said general rate fund of an amount equal to the deficit.
10

—References in this Schedule to houses and other property to which the housing revenue account of a local authority relates shall be construed as references to houses, buildings, land and dwellings in respect of which the authority are required by section 203 and Part I of this Schedule to keep the account.

SCHEDULE 16

Credits

1

—For each year a local authority shall carry to the credit of the slum clearance revenue account amounts equal to—

  • (a) the income from the rents, feuduties and other charges in respect of houses and other property to which the account relates;
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) any income from the investment or other use of capital obtained from the disposal of houses and other property to which the account relates;
  • (d) any expenses incurred by the local authority in the demolition of a building to which the account relates which they have recovered from the owner of the building;
  • (e) such other income of the local authority as the Secretary of State may direct.
2

—Where for any year a deficit is shown in the account, the local authority shall carry to the credit of the account in respect of that year an amount equal to the amount of the deficit.

Debits

3

—For each year a local authority shall debit to the slum clearance revenue account amounts equal to—

  • (a) the loan charges which the local authority are liable to pay for that year referable to the amount of expenditure incurred by the local authority which falls within section 207(2);
  • (b) the taxes, feuduties, rents and other charges which the local authority are liable to pay for that year in respect of houses and other property to which the account relates;
  • (c) the expenditure incurred by the local authority for that year in respect of the repair, maintenance, supervision and management of houses and other property to which the account relates;
  • (d) the expenditure incurred by the local authority for that year in respect of the purchase, demolition, and clearance of sites of houses and other property to which the account relates where that expenditure is not met from capital;
  • (e) the arrears of rent which have been written off in that year as irrecoverable and the income receivable from any houses to which the account relates during any period in that year when they were not let;
  • (f) such other expenditure incurred by the local authority as the Secretary of State directs.

Supplemental

4

—Any surplus shown in a slum clearance revenue account at the end of a year shall be credited to the general fund kept under section 93 of the Local Government (Scotland) Act 1973.

5

—A local authority may, with the consent of the Secretary of State, exclude from the slum clearance revenue account any of the items of income or expenditure mentioned in the foregoing provisions of this Schedule, or may with such consent include any items of income or expenditure not mentioned in those foregoing provisions.

6

—The Secretary of State may direct that items of income or expenditure either generally or of a specific category, shall be included in or excluded from the slum clearance revenue account.

SCHEDULE 17

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SCHEDULE 18

PART I — LIST OF AMENITIES AND MAXIMUM ELIGIBLE AMOUNTS

PART II — LIMIT ON AMOUNT OF APPROVED EXPENSES FOR STANDARD AMENITIES

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2

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SCHEDULE 19

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SCHEDULE 20

PART I — THE AGREEMENT TO REPURCHASE

The interest to be acquired

1

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Request for notice of proposed terms of acquisition

2

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Authority’s notice of proposed terms

3

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Unreasonable terms

4

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Appeal

5

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Notice of acceptance

6

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Extensions

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Interest acquired to be treated as if acquired under Part I

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PART II — PRICE PAYABLE AND VALUATION

The price

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The value

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Determination of value

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Certain grant conditions cease to have effect

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SCHEDULE 21

Introductory

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Cases in which later designation to be disregarded

2

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In other cases any applicable designation may be relied on

3

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Procedure to be followed where later designation comes into operation

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6

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SCHEDULE 22

PART I — TRANSITIONAL PROVISIONS

General

1

—The re-enactment of provisions in, and the consequent repeal of those provisions by this Act, does not affect the continuity of those provisions.

2

—In so far as—

  • (a) any requirement, prohibition, determination, order or regulation made by virtue of an enactment repealed by this Act, or
  • (b) any direction or notice given by virtue of such an enactment, or
  • (c) any proceedings begun by virtue of such an enactment, or
  • (d) anything done or having effect as if done,

could, if a corresponding enactment in this Act were in force at the relevant time, have been made, given, begun or done by virtue of the corresponding enactment, it shall, if effective immediately before the corresponding enactment comes into force, continue to have effect thereafter as if made, given, begun or done by virtue of that corresponding enactment.

3

—Where any enactment passed before this Act, or any instrument or document refers either expressly or by implication to an enactment repealed by this Act the reference shall (subject to its context) be construed as or as including a reference to the corresponding provision of this Act.

4

—Where any period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if its corresponding provision had been in force when that period began to run.

5
  • (1) The general rule is that the provisions of this Act apply, in accordance with the foregoing paragraphs, to matters arising before the commencement of this Act as to matters arising after that commencement.
  • (2) The general rule has effect subject to any express provision to the contrary, either in this Schedule or in connection with the substantive provision in question.
  • (3) The general rule does not mean that the provisions of this Act apply to cases to which the corresponding repealed provisions did not apply by virtue of transitional provision made in connection with the commencement of the repealed provisions (such transitional provisions, if not specifically reproduced, are saved by paragraph 8).
  • (4) The general rule does not apply so far as a provision of this Act gives effect to an amendment made in pursuance of a recommendation of the Scottish Law Commission.

Persons holding office

6

—Any person who at the commencement of this Act is holding office or acting or serving under or by virtue of any enactment repealed by this Act or by the Act of 1966 shall continue to hold his office or to act or serve as if he had been appointed under this Act.

Security of tenure of tenants of regional councils, etc.

7

—Notwithstanding the repeal by this Act of section 16(2) and (3)(b) of the Tenants’ Rights, Etc (Scotland) Act 1980, those provisions shall continue to have effect for the purposes of paragraph 4 of the Housing (Scotland) Act 1986 (Consequential, Transitional and Supplementary Provisions) Order 1986 (application of transitional provisions relating to secure tenant’s right to written lease to tenants of regional councils, police authorities and fire authorities).

PART II — SAVINGS

General saving for old transitional provisions

8

—The repeal by this Act of a provision relating to the coming into force of a provision it reproduces does not affect the operation of that provision, in so far as it is not specifically reproduced but remains capable of having effect, in relation to the corresponding provision of this Act.

General saving for old savings

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  • (1) The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.
  • (2) The repeal by this Act of a saving made on the previous repeal of an enactment does not affect the operation of the saving in so far as it is not specifically reproduced but remains capable of having effect.

Transfers under section 14 of the Housing (Homeless Persons) Act 1977

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  • (1) The repeal by this Act of section 14 of the Housing (Homeless Persons) Act 1977 (transfers of property and staff) does not affect the operation of any order previously made under that section.
  • (2) The transfer of an employee in pursuance of such an order shall be treated—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) for the purposes of Chapter I of Part XIV of the Employment Rights Act 1996 (continuity of employment) as occurring on the transfer of an undertaking.

Use of existing forms, etc.

11

—Any document made, served or issued on or after this Act comes into force which contains a reference to an enactment repealed by this Act shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of this Act.

Secure tenant: reimbursement of cost of work done before 3rd October 1980

12

—The repeal of section 24(1) of the Tenants’ Rights, Etc (Scotland) Act 1980 does not affect the operation of that section in relation to works carried out before 3rd October 1980.

Contributions under sections 106 and 121 of the Housing (Scotland) Act 1950 (c.34) and section 14 of the Housing (Scotland) Act 1962 (c.28)

13

—Contributions remain payable by the Secretary of State under sections 106 and 121 of the Housing (Scotland) Act 1950 and section 14 of the Housing (Scotland) Act 1962 (contributions payable annually for periods of between 20 and 60 years).

SCHEDULE 23

General

1

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2

—Any reference in any previous enactment to “tolerable standard” as defined in section 2 of the Housing (Scotland) Act 1969 or in section 14 of the Housing (Scotland) Act 1969 or in section 14 of the Housing (Scotland) Act 1974 is a reference to the tolerable standard as defined in section 86.

The Crofters Holdings (Scotland) Act 1886 (c. 29)

3

—In the Schedule, in paragraph 1A, for the words “Part II of the Housing (Scotland) Act 1974” substitute the words “ Part I of Schedule 8 to the Housing (Scotland) Act 1987 ”.

The Sheriff Courts (Scotland) Act 1907 (c. 51)

4

—In the Sheriff Courts (Scotland) Act 1907, after section 38 there shall be inserted the following section—

(38A) —Any notice of termination of tenancy or notice of removal given under section 37 or 38 above in respect of a dwelling-house, on or after 2nd December 1974, shall be in writing and shall contain such information as may be prescribed by virtue of section 112 of the Rent (Scotland) Act 1984, and Rule 112 of Schedule 1 to this Act shall no longer apply to any such notice under section 37 above.

The Crofters (Scotland) Act 1955 (c. 21)

5

—In Schedule 5, in paragraph 1A, for the words “Part II of the Housing (Scotland) Act 1974” substitute the words “ Part I of Schedule 8 to the Housing (Scotland) Act 1987 ”.

The Clean Air Act 1956 (c. 52)

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The Coal Mining (Subsidence) Act 1957 (c. 59)

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The Building (Scotland) Act 1959 (c. 24)

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The Pipe-lines Act 1962 (c. 58)

9

—In section 30(2), for the words “181”, “1966” and “Part III” substitute the words “ 127 ”, “ 1987 ” and “ Part VI ” respectively.

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

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  • (1) In section 15(7), for paragraph (d) substitute the following paragraph—

(d) paragraph 4 of Schedule 1 to the Housing (Scotland) Act 1987.

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  • (2) For Schedule 2 (acquisition of houses as being unfit for human habitation), substitute the following Schedule—

SCHEDULE 2 (1) (1) This Schedule applies to a compulsory acquisition of a description mentioned in sub-paragraph (2) where the land in question comprises a house which, in the opinion of the appropriate local authority does not meet the tolerable standard. (2) The compulsory acquisitions referred to are— (a) an acquisition under Part VI of the Town and Country Planning (Scotland) Act 1972, or (b) an acquisition under section 13 of the Housing and Town Development (Scotland) Act 1957, or (c) an acquisition in pursuance of Part IX of the Town and Country Planning (Scotland) Act 1972, or (d) an acquisition of land within the area designated by an order under section 1 of the New Towns (Scotland) Act 1968 as the site of a new town, or (e) an acquisition by a development corporation or a local roads authority or the Secretary of State under the New Towns (Scotland) Act 1968 or under any enactment as applied by any provision of that Act, or (f) an acquisition by means of an order under section 141 of the Local Government, Planning and Land Act 1980 vesting land in an urban development corporation; or (g) an acquisition by such a corporation under section 142 of that Act. (2) (1) The local authority may make and submit to the Secretary of State an order, in such form as may be prescribed by regulations made under section 330 of the Housing (Scotland) Act 1987, declaring that the house does not meet the tolerable standard and if— (a) that order is confirmed by the Secretary of State, either before or concurrently with the confirmation of a compulsory purchase order for the acquisition of the land, or (b) in a case where the acquisition is in pursuance of a notice to treat deemed to have been served in consequence of the service of a notice under section 170 of the Town and Country Planning (Scotland) Act 1972 or the provisions of that section as applied by or under any other enactment or in consequence of the service of a notice under section 11 of the New Towns (Scotland) Act 1968 or under section 182 of the Town and Country Planning (Scotland) Act 1972, the order is made before the date on which the notice to treat is deemed to have been served and is subsequently confirmed by the Secretary of State, section 305 and paragraph 12(2) and (3) of Schedule 8 to the Housing (Scotland) Act 1987 (which relate respectively to payments in respect of certain well-maintained houses under Part XV and to compensation for compulsory acquisition under Part IV of the Housing (Scotland) Act 1987) shall apply as if the house had been purchased under Part IV as not meeting the tolerable standard, and as if any reference in that section and paragraph to the local authority were a reference to the acquiring authority. (2) Before submitting to the Secretary of State an order under this paragraph, the local authority by whom the order was made shall serve on every owner, and (so far as it is reasonably practicable to ascertain such persons) on the superior of, and the holder of every heritable security over, the land or any part thereof, a notice in such form as may be prescribed as mentioned in the last preceding sub-paragraph, stating the effect of the order and that it is about to be submitted to the Secretary of State for confirmation, and specifying the time within which, and the manner in which, objection thereto can be made. (3) If no objection is duly made by any of the persons on whom notices are required to be served, or if all objections so made are withdrawn, the Secretary of State may, if he thinks fit, confirm the order; but in any other case he shall, before confirming the order, consider any objection not withdrawn, and shall, if either the person by whom the objection was made or the local authority so desires, afford to that person and the authority an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose. (4) Section 86 of the Housing (Scotland) Act 1987 shall have effect in determining for the purposes of this paragraph whether a house meets the tolerable standard as it has effect in so determining for the purposes of that Act. (5) In this paragraph “appropriate local authority” means a local authority who, in relation to the area in which the land in question is situated, are a local authority for the purposes of the provisions of Part IV of the Housing (Scotland) Act 1987 relating to housing action areas; and “owner,” in relation to any land, includes any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes also a lessee under a lease the unexpired period of which exceeds three years. (3) (1) Where in relation to a compulsory acquisition, section 120(2) to (4) or paragraph 12(2) and (3) of Schedule 8 to the Housing (Scotland) Act 1987 (which relate respectively to the compensation to be paid on the compulsory acquisition of closed houses, and of houses not meeting the tolerable standard) apply (whether by virtue of that Act or of an order under paragraph 2 of this Schedule) and— (a) the relevant land consists of or includes the whole or part of a house (in this paragraph referred to as “the relevant house”) and, on the date of the making of the compulsory purchase order in pursuance of which the acquisition is effected, the person then entitled to the relevant interest was, in right of that interest, in occupation of the relevant house or part thereof as a private dwelling, and (b) that person either continues, on the date of service of the notice to treat, to be entitled to the relevant interest, or, if he has died before that date, continued to be entitled to that interest immediately before his death, the following provisions of this paragraph shall apply in relation to the acquisition; and in those provisions “the dwelling” means so much of the relevant house as the said person occupied as aforesaid. (2) Subject to the next following sub-paragraph, the amount of the compensation payable in respect of the acquisition of the relevant interest shall not in any event be less than the gross annual value of the dwelling. (3) Where a payment falls to be made under section 304 or 305 of the Housing (Scotland) Act 1987 to the person entitled to the relevant interest, and that payment is attributable to the relevant house, any reference in the last preceding sub-paragraph to the amount of the compensation payable in respect of the acquisition of the relevant interest shall be construed as a reference to the aggregate of that amount and of the amount of the payment. (4) For the purposes of this paragraph the gross annual value of the dwelling shall be determined as follows— (a) if the dwelling constitutes the whole of the relevant house, the gross annual value of the dwelling shall be taken to be the value which, on the date of service of the notice to treat, is shown in the valuation roll then in force as the gross annual value of that house for rating purposes; (b) if the dwelling is only part of the relevant house, an apportionment shall be made of the gross annual value of the relevant house for rating purposes, as shown in the valuation roll in force on the date of service of the notice to treat, and the gross annual value of the dwelling shall be taken to be the amount which, on such an apportionment, is properly attributable to the dwelling. (5) Any reference in this paragraph to the compensation payable in respect of the acquisition of the relevant interest shall be construed as excluding so much (if any) of that compensation as is attributable to disturbance or to severance or injurious affection. (6) Nothing in this paragraph shall affect the amount which is to be taken for the purposes of section 20 of this Act (which relates to the consideration payable for the discharge of land from feu-duty and incumbrances) as the amount of the compensation payable in respect of the acquisition of the relevant interest. (7) In the application of this paragraph to any lands and heritages whose net annual value is ascertained under subsection (8) of section 6 of the Valuation and Rating (Scotland) Act 1956 (and for which there is therefore no gross annual value shown in the valuation roll)— (a) in sub-paragraph (2) above, for the word “gross” there shall be substituted the words “ 1.25 times the net ”; and (b) in sub-paragraph (4) above, for the word “gross”, wherever it occurs, there shall be substituted the word “ net ”. (4) —This Schedule shall be construed as one with Parts IV and XV of the Housing (Scotland) Act 1987.

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The Local Government (Scotland) Act 1966 (c.51)

11

—In section 46(1) (general interpretation), in the definition of “housing revenue account”, for the words “23 of the Housing (Financial Provisions) (Scotland) Act 1972”, substitute the words “ 203 of the Housing (Scotland) Act 1987 ”.

The National Loans Act 1968 (c.13)

12

—In Schedule 4, for the words “78” and “1950” substitute the words “ 231 ” and “ 1987 ” respectively.

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

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  • (1) In section 6, subsection (6) shall cease to have effect.
  • (2) After section 38A of the New Towns (Scotland) Act 1968 (as inserted by section 4(2) of the Statutory Corporations (Financial Provisions) Act 1974) there shall be inserted the following section—

(38B) (1) Where it appears to the Secretary of State, after consultation with the Treasury and the development corporation, that a development corporation have a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for their future requirements, the development corporation shall, if the Secretary of State after such consultation as aforesaid so directs, pay to the Secretary of State such sum not exceeding the amount of that surplus as may be specified in the direction; and any sum received by the Secretary of State under this section shall, subject to subsection (3) of this section, be paid into the Consolidated Fund. (2) The whole or part of any payment made to the Secretary of State by a development corporation under subsection (1) above shall, if the Secretary of State with the approval of the Treasury so determines, be treated as made by way of repayment of such part of the principal of advances under section 37(1) of this Act, and as made in respect of the repayments due at such times, as may be so determined. (3) Any sum treated under subsection (2) above as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.

The Clean Air Act 1968 (c.62)

14

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

The Post Office Act 1969 (c.48)

15

—In Schedule 4—

  • (a) in paragraph 83(1), for “II of the Housing (Scotland) Act 1974” substitute “ IV of the Housing (Scotland) Act 1987 ”;
  • (b) in paragraph 83(2), for “section 33 of the Housing (Scotland) Act 1974”, substitute “ paragraph 9 of Schedule 8 to the Housing (Scotland) Act 1987 ”;
  • (c) in paragraph 83(3), for “33(4) of the Housing (Scotland) Act 1974” substitute “ paragraph 9(4) of Schedule 8 to the Housing (Scotland) Act 1987 ”;
  • (d) in paragraph 88(3), for “208 of the Housing (Scotland) Act 1966” substitute “ section 338 of the Housing (Scotland) Act 1987 ”.

The Local Authority Social Services Act 1970 (c.42)

16

—In Schedule 1, at the end insert in column 1 the words “Housing (Scotland) Act 1987 (c. 26) Section 38(b)” and in column 2 the words “Co-operation in relation to homeless persons and persons threatened with homelessness.”.

The Chronically Sick and Disabled Persons Act 1970 (c.44)

17

—In section 3(2), for the words “VII”, “1966” and “137” substitute the words “ I ”, “ 1987 ” and “ 1 ” respectively.

The Town and Country Planning (Scotland) Act 1972 (c.52)

18

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

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

19
  • (1) In section 27(1)(f), for the words “15(2) of the Tenants’ Rights, Etc (Scotland) Act 1980” and “2” substitute the words “ 48(2) of the Housing (Scotland) Act 1987 ” and “ 3 ” respectively.
  • (2) In section 27(7)—
  • (a) in paragraph (a), for the words “II”, “1966”, “14A of the Housing (Scotland) Act 1974” substitute the words “ VI ”, “ 1987 ”, “ 88 of that Act ” respectively;
  • (b) in paragraph (b), for the words “56” substitute the words “ 125 ”; and omit the words “of 1966”;
  • (c) in paragraph (c), for the words “15(4)(i)” substitute the words “ 117(2)(a) ”; and omit the words “of 1966”;
  • (d) in paragraph (d), for the words “II of the Housing (Scotland) Act 1974” substitute the words “ I of Schedule 8 to that Act ”.
  • (3) In section 29(7AA), for the words “14 of the Tenants’ Rights, Etc. (Scotland) Act 1980” and “2” substitute the words “ 47 and 48(2) of the Housing (Scotland) Act 1987 ” and “ 3 ” respectively.
  • (4) In section 34(2), for the words from “section 20” to the end substitute the words “ section 121 and paragraph 12 of Schedule 8 to the Housing (Scotland) Act 1987 and “owner occupier’s supplement” means a payment under sections 308 to 311 of that Act. ”.
  • (5) In section 36—
  • (a) in subsection (4)(b), after the words “1968” insert the words “ or section 214 of the Housing (Scotland) Act 1987 ”;
  • (b) in subsection (7), for the words “VII” and “1966” substitute the words “ I ” and “ 1987 ” respectively.
  • (6) In section 38(6), for the words “1974” and “14” substitute the words “ 1987 ” and “ 86 ”.
  • (7) In section 39—
  • (a) in subsections 1(b) and 2(a), (b), for the words “VII” and “1966” substitute the words “ I ” and “ 1987 ” respectively;
  • (b) in subsection (6), for the words “(Financial Provisions) (Scotland) Act 1972” substitute the words “ (Scotland) Act 1987 ”.
  • (8) In section 53(3), for the words “114”, “1966” and “VII” substitute the words “ 11 ”, “ 1987 ” and “ I ” respectively.
  • (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (11) In section 80—
  • (a) in the definition of “housing association” for the words “section 208(1) of the Housing (Scotland) Act 1966” substitute the words “ the Housing Associations Act 1985 ”;
  • (b) in the definition of “registered”, for the words from “in the register” to the end substitute the words “ under the Housing Associations Act 1985 ”.

The Local Government (Scotland) Act 1973 (c.65)

20
  • (1) In section 130—
  • (a) in subsection (1), for the words “Acts 1966 to 1973” substitute the words “ Act 1987 ”;
  • (b) in subsection (2), for the words “VII” and “1966” substitute the words “ I ” and “ 1987 ”.
  • (2) In section 131, subsection (2) shall cease to have effect.
  • (3) In section 236(2)(d), for the words “Acts 1966 to 1973” substitute the words “ Act 1987 ”.
  • (4) In Schedule 9, paragraph 73 shall cease to have effect.
  • (5) In Schedule 12, paragraphs 1, 2, 5, 6 to 19 and 21 to 24 shall cease to have effect.

Consumer Credit Act 1974 (c.37)

21

—In section 16(1)(ff), for the words “2 of the 1978 Act or section 31 of the 1980 Act” substitute the words “ 223 or 229 of the Housing (Scotland) Act 1987 ”.

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

22

—In section 8(7), for the words “Tenants’ Rights, Etc (Scotland) Act 1980” substitute the words “ Housing (Scotland) Act 1987 ”.

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

23

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

The National Health Service (Scotland) Act 1978 (c.29)

24

—In section 100(1)—

  • (a) in paragraph (a), for the words “1966” substitute the words “ 1987 ”;
  • (b) for paragraph (b) substitute the following paragraphs—

(b) the Scottish Special Housing Association; (c) a Housing Association or Housing Trust within the meaning of the Housing Associations Act 1985.

;

  • (c) in paragraph (c), for the word “(c)” substitute the word “ (d) ”.

The Local Government, Planning and Land Act 1980 (c.65)

25
  • (1) In section 152(1)(c), for the words “1 of the Homes Insulation Act 1978” substitute the words “ 252 of the Housing (Scotland) Act 1987 ”;
  • (2) In section 153(1)(a), for the words “Housing (Scotland) Acts 1966 to 1978 and the Tenants’ Rights, Etc (Scotland) Act 1980” substitute the words “ Housing Associations Act 1985 and the Housing (Scotland) Act 1987 ”;
  • (3) In section 156(4), for the words “Parts I, II and III of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ Part III of the Housing (Scotland) Act 1987 ”.

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

26

—In section 13(11), for the words “the Tenants’ Rights, Etc (Scotland) Act 1980” substitute the words “ Part III of the Housing (Scotland) Act 1987 ”.

The Local Government and Planning (Scotland) Act 1982 (c.43)

27

—In section 24(2), for the words “32(1)(b) of the Housing (Financial Provisions) (Scotland) Act 1972” substitute the words “ 211(1)(b) of the Housing (Scotland) Act 1987 ”.

The Civic Government (Scotland) Act 1982 (c.45)

28
  • (1) In section 87(5), for the words “Part II of the Housing (Scotland) Act 1969” and “24(1) of the Housing (Scotland) Act 1969” substitute the words “ Part V of the Housing (Scotland) Act 1987 ” and “ 108 of that Act ” respectively.
  • (2) In section 108(2), for the words “2 to the Housing (Scotland) Act 1969” substitute the words “ 9 to the Housing (Scotland) Act 1987 ”.

The Rent (Scotland) Act 1984 (c.58)

29
  • (1) In section 5(5), for the words “5 of the Housing Rents and Subsidies (Scotland) Act 1975” substitute the words “ 22 of the Housing (Scotland) Act 1987 ”.
  • (2) In section 6(8), for the words “208(1) of the Housing (Scotland) Act 1966” substitute the words “ 338 of the Housing (Scotland) Act 1987 ”.
  • (3) In section 59, for the words “Subsections (1), (2) and (4) of section 62 of the Housing (Scotland) Act 1969” substitute the words “ Sections 212 and 213 of the Housing (Scotland) Act 1987 ”; and the words from “except that” to the end shall cease to have effect.
  • (4) In section 63(4)—
  • (a) in paragraph (f), for the words “5 of the Housing Rents and Subsidies (Scotland) Act 1975” substitute the words “ 22 of the Housing (Scotland) Act 1987 ”;
  • (b) in paragraph (g), the words from “or any” to the end shall cease to have effect.
  • (5) In section 66(1), for the words “23 of the Housing (Financial Provisions) (Scotland) Act 1972” substitute the words “ 203 of the Housing (Scotland) Act 1987 ”.
  • (6) In section 101(2) and (3), for the words “4 to the Tenants’ Rights, Etc (Scotland) Act 1980” substitute the words “ 5 to the Housing (Scotland) Act 1987 ”.
  • (7) In section 106—
  • (a) in subsection (1), after the words “1974” insert the words “ or Part XIII of the Housing (Scotland) Act 1987 ”;
  • (b) in subsection (2), after the words “1974” insert the words “ or section 241(2) of the Act of 1987 ”.
  • (c) in subsection (5), for the words “39(1) of the said Act of 1968” and “2 of the Housing (Scotland) Act 1969” substitute the words “ 86 of the Act of 1987 ” and “ 240 of that Act ” respectively.
  • (8) In Schedule 2, Part IV—
  • (a) in paragraph 4, for the words “89” and “ 1966 ” substitute the words “ 135 ” and “ 1987 ” respectively;
  • (b) in paragraph 6, for the words “VII” and “1966” substitute the words “ I ” and “ 1987 ”.

The Housing Act 1985 (c.68)

30
  • (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) In section 187, in the definition of “long tenancy”, paragraph (b) shall cease to have effect.
  • (3) In section 458, in the definition of “the corresponding Scottish provisions” for the words from “the Home” to the end substitute the words “ sections 222 to 228 of the Housing (Scotland) Act 1987 ”.
  • (4) In Schedule 4, in paragraph 7(2)—
  • (a) in the definition of “housing association”, for the words “paragraph (e) of section 10(2) of the Tenants’ Rights, Etc. (Scotland) Act 1980” and “11” substitute the words “ section 61(2)(a)(vi) of the Housing (Scotland) Act 1987 ” and “ 45 ” respectively;
  • (b) in the definition of “housing co-operative”, for the words “5 of the Housing Rents and Subsidies (Scotland) Act 1975” substitute the words “ 22 of the said Act of 1987 ”.

The Housing Associations Act 1985 (c.69)

31
  • (1) In section 8(1), for the words “Part I of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ Part III of the Housing (Scotland) Act 1987 ”.
  • (2) In section 10(2)(b), for the words “paragraphs 2 to 7 of Schedule 1 to the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ paragraphs 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987 ”.
  • (3) In section 39, in the definition of “secure tenancy” for the words “10 of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ 44 of the Housing (Scotland) Act 1987 ”.
  • (4) In section 44(1)(b), for the words “1 of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ 65 of the Housing (Scotland) Act 1987 ”.
  • (5) In section 45—
  • (a) in subsection (2)(b), for the words “(11)(e) of section 1 of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ (4)(d) and (e) of section 61 of the Housing (Scotland) Act 1987 ”;
  • (b) in subsection (5), for the words “6 of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ 72 of the Housing (Scotland) Act 1987 ”.
  • (6) In section 52(1)(f), for the words “6 of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ 72 of the Housing (Scotland) Act 1987 ”.
  • (7) In section 59, at the end add the following subsection—

(5) Sections 6, 15, 320 and 329 of the Housing (Scotland) Act 1987 (general provisions with respect to housing functions of local authorities etc.) apply in relation to this section and section 61, as they apply in relation to the provisions of that Act.

  • (8) In section 69A(b), for the words “5 of the Housing Rents and Subsidies (Scotland) Act 1975” substitute the words “ 22 of the Housing (Scotland) Act 1987 ”.
  • (9) In section 88(5), for the words “175(2) of the Housing (Scotland) Act 1966” substitute the words “ 23 of the Housing (Scotland) Act 1987 ”.

Airports Act 1986 (c.31)

32

—In Schedule 2, paragraph 4, for the words “56” and “1966” substitute the words “ 125 ” and “ 1987 ”.

SCHEDULE 24

Powers of local authority to provide housing accommodation.

5A
  • (1) A local authority may provide in connection with housing accommodation provided by them (whether or not under this Part) such welfare services, that is to say services for promoting the welfare of the persons for whom the accommodation is so provided, as accord with the needs of those persons.
  • (2) The local authority may make reasonable charges for welfare services provided by virtue of this section.
  • (3) Notwithstanding the provisions of section 203, a local authority may attribute the income from and the expenditure on the welfare services provided under subsection (1) to a revenue account other than their housing revenue account.
  • (4) In this section “welfare services” does not include the repair, maintenance, supervision or management of houses or other property.
  • (5) The powers conferred by this section shall not be regarded as restricting those conferred by section 83 of the Local Government (Scotland) Act 1973 (power to incur expenditure for purposes not otherwise authorised) and accordingly the reference in subsection (1) of that section to any other enactment shall not include a reference to this section.
5B
  • (1) The Secretary of State may at any time by order made by statutory instrument provide that, on such day or in relation to such periods as may be appointed by the order, section 5A, this section and paragraph 4A of Schedule 15 shall—
  • (a) cease to have effect; or
  • (b) cease to apply for such purposes as may be specified in the order.
  • (2) An order under this section may—
  • (a) appoint different days or periods for different provisions or purposes or for different authorities or descriptions of authority; and
  • (b) contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.
12A

Standards and performance in housing management

17A

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

17B

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

17C

A local authority shall, if the Secretary of State gives them notice to do so, prepare and submit to him within 3 months after such notice, a plan for the management of the houses which they hold for housing purposes.

22A

Priority need for accommodation.

32A
  • (1) The provisions of—
  • (a) section 31(2) so far as requiring that accommodation is to be permanent accommodation (within the meaning of section 31(5)), and
  • (b) section 32(5)(b),

do not apply in such circumstances as may be prescribed.

  • (2) Where—
  • (a) accommodation has been provided under section 31(2), and
  • (b) by virtue of subsection (1) above, that accommodation is not permanent accommodation (within the meaning of section 31(5)) or does not meet the special needs of the applicant and any other person referred to in section 24(2),

section 26 does not apply.

35A
  • (1) Where an applicant requests a review of a decision to which subsection (2) applies, the local authority concerned shall review the decision.
  • (2) This subsection applies to the following decisions of a local authority—
  • (a) any decision as to what duty (if any) is owed to the applicant under section 31 or 32,
  • (b) any decision to notify another authority under section 33(1),
  • (c) any determination under section 33(4) or 34(2) as to whether the conditions for referral of an application are satisfied,
  • (d) where accommodation is secured for the applicant under section 31, 32 or 34, any decision as to whether the provision of that accommodation discharges the authority’s duty to the applicant under that section.
  • (e) in a case where a private accommodation offer is made to the applicant, any decision—
  • (i) that the accommodation offered is not accommodation falling within section 32(5)(a) to (c), or
  • (ii) that the authority have discharged their duty to the applicant under section 32(8).
  • (3) A request for a review shall be made before the end of the period of 21 days beginning with the day on which the applicant is notified of the decision or such longer period as the authority may allow.
  • (4) There is no right to request a review of a decision reached on review.
35B
  • (1) A review under section 35A shall be carried out by a person senior to the person who made the decision being reviewed and who had no involvement in the making of that decision.
  • (2) The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision reached on review.
  • (3) If the decision is—
  • (a) to confirm the original decision on any issue against the interests of the applicant, or
  • (b) to confirm a previous decision—
  • (i) to notify another authority under section 33(1), or
  • (ii) that the conditions are met for referral of his case,

the authority shall also notify him of the reasons for the decision.

  • (4) Where subsection (3) applies, notice of the decision shall not be treated as given unless and until that subsection is complied with.
  • (5) Any notice required to be given to an applicant under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.
58A
61A

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

61B

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

61C

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

61D

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

61E

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

62A
66A

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

66B

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

66C

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

Houses liable to demolition

70A

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

Recoverability of discount

Rent to loan scheme

73A
73B
73C
73D
75A

Preservation of right to buy on disposal to private sector landlord

81A

Consultation before disposal to private sector landlord

81B
84A

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

236A

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

237A

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

239A

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

240A

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

240B

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

Improvement of energy efficiency and safety

250A

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

256A

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

Accommodation for asylum-seekers

5A
  • (1) A tenancy shall not be a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
  • (2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.

SCHEDULE 6A

Disposals to which this Schedule applies

1
  • (1) This Schedule applies to the disposal by a local authority of an interest in land as a result of which a secure tenant of the local authority will become the tenant of a private sector landlord.
  • (2) For the purposes of this Schedule the grant of an option which if exercised would result in a secure tenant of a local authority becoming the tenant of a private sector landlord shall be treated as a disposal of the interest which is the subject of the option.
  • (3) Where a disposal of land by a local authority is in part a disposal to which this Schedule applies, the provisions of this Schedule apply to that part as to a separate disposal.
  • (4) In this paragraph “private sector landlord” means a person other than one of those set out in sub-paragraphs (i) to (iv) and (viii) and (ix) of paragraph (a) of subsection (2) of section 61.
2
  • (1) The Secretary of State shall not entertain an application for his consent under section 12(7) to a disposal to which this Schedule applies unless the local authority certify either—
  • (a) that the requirements of paragraph 3 as to consultation have been complied with, or
  • (b) that the requirements of that paragraph as to consultation have been complied with except in relation to tenants expected to have vacated the house in question before the disposal;

and the certificate shall be accompanied by a copy of the notices given by the local authority in accordance with that paragraph.

  • (2) Where the certificate is in the latter form, the Secretary of State shall not determine the application until the local authority certify as regards the tenants not originally consulted—
  • (a) that they have vacated the house in question, or
  • (b) that the requirements of paragraph 3 as to consultation have been complied with;

and a certificate under sub-paragraph (b) shall be accompanied by a copy of the notices given by the local authority in accordance with paragraph 3.

Requirements as to consultation

3
  • (1) The requirements as to consultation referred to above are as follows.
  • (2) The local authority shall serve notice in writing on the tenant informing him of—
  • (a) such details of their proposal as the local authority consider appropriate, but including the identity of the person to whom the disposal is to be made,
  • (b) the likely consequences of the disposal for the tenant, and
  • (c) the effect of section 81A and the provision made under it (preservation of right to buy on disposal to private sector landlord) and of this Schedule,

and informing him that he may, within such reasonable period as may be specified in the notice, which must be at least 28 days after the service of the notice, make representations to the local authority.

  • (3) The local authority shall consider any representations made to them within that period and shall serve a further written notice on the tenant informing him—
  • (a) of any significant changes in their proposal, and
  • (b) that he may within such period as is specified (which must be at least 28 days after the service of the notice) communicate to the Secretary of State his objection to the proposal,

and informing him of the effect of paragraph 5 (consent to be withheld if majority of tenants are opposed).

Power to require further consultation

4

The Secretary of State may require the local authority to carry out such further consultation with their tenants, and to give him such information as to the results of that consultation, as he may direct.

5
  • (1) The Secretary of State shall not give his consent if it appears to him that a majority of the tenants of the houses to which the application relates do not wish the disposal to proceed; but this does not affect his general discretion to refuse consent on grounds relating to whether a disposal has the support of the tenants or on any other ground.
  • (2) In making his decision the Secretary of State may have regard to any information available to him; and the local authority shall give him such information as to the representations made to them by tenants and others, and other relevant matters, as he may require.

Protection of purchasers

6

The Secretary of State’s consent to a disposal is not invalidated by a failure on his part or that of the local authority to comply with the requirements of this Schedule.

Part I — Payments to local authorities

Part II — Payments to the Scottish Special Housing Association and development corporations

Part III — . . .

The Housing (Scotland) Act 1950.

Provision of welfare services

4A

Where in any year a local authority provide welfare services under section 5A, they may—

  • (a) carry to the credit of the housing revenue account an amount equal to the whole or any part of the income of the authority for the year from charges in respect of the provision of those services;
  • (b) carry to the debit of the account an amount equal to the whole or any part of the expenditure of the authority for the year in respect of the provision of those services.

TABLE OF DERIVATIONS

1

The following abbreviations are used in this Table:

2

The Table does not show the effect of Transfer of Functions Orders.

3

The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the Scottish Law Commission’s Report on the Consolidation of the Housing Acts for Scotland (Cmnd. 104).

4

The entry “drafting” indicates a provision of a mechanical or editorial nature affecting the arrangement of the consolidation; for instance a provision introducing a Schedule.

Editorial notes

1

A table showing the derivation of the provisions of this consolidation Bill will be found at the end of the Bill. The table has no official status.

2

Act: definition of "local authority" applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), ss. 14(1)(b), 23(1), Sch. 5 para.1; S.I. 1991/2508, art.2

3

Act (right to buy provisions) modified (13.3.1992) by S.I. 1992/325, regs.3, 5, 7, Sch. 1. Act (right to buy provisions) excluded (27.9.1993) by S.I. 1993/2164, reg. 5. Act (right to buy provisions) extended (27.9.1993) by S.I. 1993/2164, reg. 7.

4

Act applied (with modifications) (temp. from 30.9.2002) by S.S.I. 2002/318, art. 4(1)(2)

7

S. 5A inserted (retrospectively) by 1993 c. 28, ss. 149, 188(2)(b).

8

S. 5B inserted (20.7.1993) by 1993 c. 28, ss. 151, 188(2)(b).

15

S. 12(7) restricted (1.11.2001) by 2001 asp 10, s. 76(2); S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to art. 3) S. 12(7) restricted (1.11.2001) by 2001 asp 10, s. 76(1), Sch. 9 para. 2(1); S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to art. 3)

22

S. 12A repealed (19.12.2001) by 2001 asp 10, s. 76(1), Sch. 10 para. 13(2); S.S.I. 2001/467, art. 2(2), Sch. Table (subject to art. 3)

23

S. 13 renumbered as s. 13(1) as provided by Housing Act 1988 (c. 50, SIF 61), s. 132(3)

25

S. 13(2)(3) inserted as provide by Housing Act 1988 (c. 50, SIF 61), s. 132(3)

28

Words in s. 17(1) repealed (27.9.1993) by 1993 c. 28, ss. 157(1), 187(2), Sch. 22; S.I. 1993/2163, art. 2, Sch. 1.

29

Ss. 17A-17C inserted (1.4.1994) by 1993 c. 28, s. 153; S.I. 1993/2163, art. 2, Sch. 2.

30

S. 19 substituted (1.4.2002) by 2001 asp 10, s. 9; S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

31

Words in s. 20(2) substituted (1.4.2002) by 2001 asp 10, s. 10(3)(a); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

32

S. 20(2)(a)(iii)-(viii) substituted for s. 20(2)(a)(iii) (1.4.2002) by 2001 asp 10, s. 10(3)(c); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

33

S. 20(2)(aa) inserted (1.4.2002) by 2001 asp 10, s. 10(3)(d); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

34

S. 20(2A)(2B) inserted (1.4.2002) by 2001 asp 10, s. 10(4); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

35

S. 20(3) added (27.9.1993) by 1993 c. 28, s. 154; S.I. 1993/2163, art. 2 Sch. 1.

36

S. 20(4) inserted (1.4.2002) by 2001 asp 10, s. 10(5); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

37

S. 21(1) substituted (27.9.1993) by 1993 c. 28, s. 155(1); S.I. 1993/2163, art. 2, Sch. 1.

38

S. 21(1)(a)(i)(b) repealed (1.4.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(3)(a); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

39

S. 21(2)(a) and words substituted (1.4.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(3)(b); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

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