Search Legislation

Housing (Scotland) Act 2001

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Housing (Scotland) Act 2001. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Housing (Scotland) Act 2001

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Housing (Scotland) Act 1987 (c.26)S

This section has no associated Explanatory Notes

13(1)The Housing (Scotland) Act 1987 is amended as follows.

(2)Sections 1, 12A and 17C are repealed.

(3)In section 21 (publication of rules relating to the housing list and to transfer of tenants)—

(a)in subsection (1), paragraphs (a)(i) and (b) are repealed,

(b)in subsection (2), for the words from “housing” to the end of paragraph (a) substitute social landlord—

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

(c)in subsection (3)—

(i)paragraph (i) is repealed,

(ii)for paragraph (ia) substitute—

(ia)the Scottish Ministers;,

(iii)in paragraph (ii), for “the association under a” substitute “ a registered social landlord under a Scottish ”.

(4)Sections 22 and 22A are repealed.

(5)Sections 44 to 60 are repealed.

(6)In section 61 (secure tenant’s right to purchase)—

(a)in subsection (2)—

(i)before “secure” insert “ Scottish ”,

(ii)after sub-paragraph (i) of paragraph (a) insert—

(ia)a registered social landlord; or,

(iii)sub-paragraphs (iii) to (ix) of that paragraph and, in each case, the preceding “or” are repealed,

(iv)in paragraph (b), the words from “or” to the end are repealed,

(b)for subsection (2A) substitute—

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

(c)in subsection (3)—

(i)after “a” in the second place where it occurs insert “ Scottish ”,

(ii)after “of” in the second place where it occurs insert “ Scottish ”,

(iii)for paragraph (b) substitute—

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

(d)subsections (4A) and (7) to (9) are repealed,

(e)in subsection (11), after paragraph (a) insert—

(aa)a registered social landlord;.

(7)In section 62 (the price)—

(a)in subsection (2), for “section 58” substitute “ section 29 of the Housing (Scotland) Act 2001 (asp 10) ”,

(b)for paragraph (b) of subsection (4) substitute—

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

(8)In section 63 (application to purchase and offer to sell)—

(a)in subsection (1), paragraph (d) and the preceding “and” are repealed,

(b)subsections (2)(cc) and (3) are repealed.

(9)In section 66(1) (notice of acceptance)—

(a)the words “, subject to section 67(1),”, and

(b)paragraphs (vi) and (vii),

are repealed.

(10)Section 67 is repealed.

(11)In section 71 (reference to Lands Tribunal)—

(a)in subsection (1)—

(i)in paragraph (a), the words “or amended offer” in both places where they occur are repealed,

(ii)in paragraph (d), the words “or amended offer” in the first place where they occur and the words from “and, in the case” to the end are repealed,

(b)in subsection (2)—

(i)in paragraph (a)(ii), for “67” substitute “ 66C ”,

(ii)in paragraph (b), the words “or amended offer” and the words from “and, in the case” to “63(3)” are repealed.

(12)In section 74 (duties of landlord), the words “and section 216” are repealed.

(13)In section 75(1) (agreements affecting right to purchase), the words “, 67(1)” are repealed.

(14)Sections 75A and 76 are repealed.

(15)In section 79(2)(a) (proceedings for which financial and other assistance may be given), the words “and section 216” are repealed.

(16)In section 81(1) (information from landlords), the words “and section 216” are repealed.

(17)Sections 81A and 81B are repealed.

(18)In section 82 (interpretation of Part III)—

(a)for “20, 214 and 216” substitute “ and 20 ”,

(b)the definitions of “rent to loan purchaser” and “rent to loan scheme” are repealed.

(19)In section 84(1) (service of notices), the words “or of section 216” are repealed.

(20)In section 84A(1) (application of right to buy to cases where landlord is lessee)—

(a)the words “and 216” are repealed,

(b)in paragraph (a), after “a”, in the second place where it occurs, insert “ Scottish ”.

(21)In section 212(5) (rent increase notice provisions not to apply to secure tenancies), after “a” insert “ Scottish ”.

(22)Section 214(9) (advances for purpose of rent to loan scheme) is repealed.

(23)In section 238 (powers of local authority)—

(a)in subsection (1), for “such an application” substitute “ an application under section 237 ”,

(b)in subsection (2), after “shall” insert “ , subject to this Part, ”.

(24)In section 239A (power to give directions to avoid duplications of grant)—

(a)in subsection (1)—

(i)after paragraph (a), insert “ and ”,

(ii)paragraph (c) and the preceding “and” are repealed,

(b)in subsection (2), the words “of Scottish Homes and” are repealed.

(25)In section 242 (amount of improvement grant)—

(a)subsection (3) is repealed,

(b)in subsection (6), the words “252(4)” are repealed,

(c)subsections (7) and (8) are repealed,

(d)in subsection (9), the words “or (3)” are repealed.

(26)In section 243(1)(b) (payment of improvement grant), the words “section 242(1), or, as the case may be,” are repealed.

(27)In section 244 (provision of standard amenities)—

(a)subsection (6) is repealed,

(b)in subsection (7), the words from “which” to the end are repealed,

(c)subsections (8), (10)(b) and (11) are repealed,

(d)in subsection (12), for the words from “or (10)(b)” to the end substitute “ shall be prescribed by order of the Scottish Ministers; and different provision may be made for different cases or descriptions of case. ”,

(e)in subsection (13), the words “(8) or” are repealed.

(28)In section 246(2)(b) (conditions to be observed regarding improvement grants), for “Part V of the Capital Gains Tax Act 1979” substitute “ Part VII of the Taxation of Chargeable Gains Act 1992 ”.

(29)In section 247(1) (voluntary repayment of improvement grants), for “7” substitute “ 6 ”.

(30)In section 248 (repairs grants), subsections (3), (4), (6)(b) and (7) to (11) are repealed.

(31)In section 249 (grants for fire escapes)—

(a)subsections (4) and (5) are repealed,

(b)in subsection (8), the words “(a) or (b)” are repealed,

(c)subsections (9) and (10) are repealed.

(32)In section 250 (application to housing action areas)—

(a)in subsection (1), for “(2) to” substitute “ (6) and ”,

(b)subsections (2) to (5) and (7)(b) and (c) are repealed.

(33)In section 251(2) (powers of local authorities for the improvement of amenities) of that Act, for “this” substitute “ that ”.

(34)In section 256 (application to agricultural tenants etc.)—

(a)in subsection (1), for “Crofters (Scotland) Acts 1955 and 1961” substitute “ Crofters (Scotland) Act 1993 (c.44) ”,

(b)in subsection (3), for “Crofters (Scotland) Act 1955 and 1961” substitute “ Crofters (Scotland) Act 1993 (c.44) ”.

(35)For section 256A (application of Part XIII to Scottish Homes) substitute—

256A Application of this Part to the Scottish Ministers

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

(36)In section 276 (repurchase by authority other than local authority, in the Table—

(a)in entry 1 (registered housing associations etc.), in column 1, for the words from “housing” in the first place where it occurs to the end substitute “ social landlord or a predecessor of that landlord ”,

(b)entry 2 (Scottish Homes and the Scottish Special Housing Association) is repealed.

(37)In subsection (1) of section 281 (effect of repurchase on certain tenancies)—

(a)for the words from “44” to “tenancy)” substitute “ 11(1)(b) (Scottish secure tenancy) of the Housing (Scotland) Act 2001 (asp 10) ”,

(b)after “a” in the fifth place where it occurs insert “ Scottish ”.

(38)In section 282 (grant of tenancy to former owner-occupier)—

(a)in subsection (2)—

(i)for the words from “44(2)” to “tenancies)” substitute “ 11(1)(b) (Scottish secure tenancy) of the Housing (Scotland) Act 2001 (asp 10) ”,

(ii)after “a” insert “ Scottish ”,

(b)in subsection (3)(a), after “a” insert “ Scottish ”.

(39)In section 283 (grant of tenancy to former statutory tenant)—

(a)in subsection (1)—

(i)for the words from “44(2)” to “tenancies” substitute “ 11(1)(b) (Scottish secure tenancy) of the Housing (Scotland) Act 2001 (asp 10) ”,

(ii)for “secure tenancy” substitute “ Scottish secure tenancy ”,

(b)in subsection (3), after “a” in the third place where it occurs insert “ Scottish ”.

(40)In section 286 (interpretation of sections 281 to 285)—

(a)in paragraph (a), for “Part III (secure tenancies)” substitute “ the Housing (Scotland) Act 2001 (asp 10) ”,

(b)in paragraph (c), after “a” in the first and third places where it occurs insert “ Scottish ”.

(41)In section 338(1) (interpretation)—

(a)after the definition of “registered housing association” insert—

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

(b)after the definition of “road” insert—

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

(c)in the definition of “standard amenities”, for “244(5)” substitute “ 244(1A) ”.

(42)Schedules 2 to 5, 6A and 18 are repealed.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 10 para. 13 partly in force; Sch, 10 para. 13 not in force at Royal Assent, see s. 113(1)(2);

para. 13(24)(35) in force at 1.11.2001 by S.S.I. 2001/336, art. 2(3), Sch. Pt. I (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b));

para. 13(2)(17)(42) in force for specified purposes at 19.12.2001 by S.S.I. 2001/467, art. 2(2), Sch. (subject to transitional provisions in art. 3);

para. 13(3) in force at 1.4.2002 by S.S.I. 2002/168, art. 2, Sch (subject to transitional provisions and savings in art. 3);

para. 13(5)-(22) and para. 13(36)-(41)(b) wholly in force and para. 13(42) in force for specified purposes at 30.9.2002 by S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5);

para. 13(4) in force at 30.9.2002 by S.S.I. 2002/433, art. 2, Sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources