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Housing (Scotland) Act 2006

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This is the original version (as it was originally enacted).

76The approved expense

This section has no associated Explanatory Notes

(1)The approved expense, in relation to the work referred to in an application for a grant or loan, is the amount of—

(a)the expense of carrying out the work, or

(b)the proportion of that expense (as specified in the application),

which the local authority considers reasonable.

(2)If, after approving an application for a grant or loan, the authority is satisfied that—

(a)the expense of carrying out the work will exceed the expense estimated in the application, and

(b)the increase is due to circumstances beyond the control of the applicant,

the authority may, on receipt of a further estimate, substitute a higher amount as the amount of the approved expense in accordance with subsection (1).

(3)Subsections (1) and (2) are subject to subsections (4) and (5).

(4)The Scottish Ministers may, by order, provide that the approved expense in relation to a grant or loan must not, unless they otherwise consent, exceed such amount as may be specified in the order.

(5)In circumstances mentioned in a statement prepared under section 72(1)(b), a local authority may limit the amount of the approved expense in relation to a particular grant or loan to an amount determined in the manner specified in the statement.

(6)Despite subsection (5), a local authority may not limit the amount of the approved expense in relation to an application falling within subsection (7) unless—

(a)the Scottish Ministers consent to the limitation, or

(b)the approved expense would otherwise exceed the amount specified in an order under subsection (4).

(7)An application falls within this subsection if it is made in connection with work in a house for either of the purposes set out in paragraphs (e) and (f) of section 71(2), where the house is (or is likely to become or, in the case of reinstatement, was) a disabled person’s only or main residence.

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