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The Housing Support Grant (Scotland) Order 2012

Draft Legislation:

This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument.

Draft Order laid before the Scottish Parliament under section 191(9) of the Housing (Scotland) Act 1987, for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2012 No.

Housing

The Housing Support Grant (Scotland) Order 2012

Made

2012

Coming into force

1st April 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 191 and 192 of the Housing (Scotland) Act 1987(1) and all other powers enabling them to do so.

This Order is made having taken into consideration the matters specified in sections 191(3) and 192(5) of that Act.

In accordance with sections 191(3) and 192(1) of that Act the Scottish Ministers have consulted such associations of local authorities as appear to them to be concerned.

In accordance with section 191(9) of that Act(2) a draft of this Order, together with a report of the considerations leading to the provisions of the Order, has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  This Order may be cited as the Housing Support Grant (Scotland) Order 2012 and comes into force on 1st April 2012.

Aggregate amount of grants for 2012-2013

2.  The aggregate amount of the housing support grants for the year 2012‑2013 is £760,950.

Grants for 2012-2013

3.  (1)  The proportion of the aggregate amount of the housing support grants for the year 2012‑2013 payable to Shetland Islands Council is all of the aggregate amount.

(2) The method by which that proportion has been determined is set out in the Schedule.

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

Article 3(2)

SCHEDULE

1.  To determine the proportion of the housing support grants payable to Shetland Islands Council, the total of the amounts specified in paragraphs 7 and 8 is deducted from the total of the amounts specified in paragraphs 2 to 6.

Expenditure

2.  Estimated loan charges due to be debited to the local authority’s housing revenue account for the year 2012‑2013 under paragraph 3(a) of Schedule 15 to the Housing (Scotland) Act 1987.

3.  For supervision and management—

(a)£314.04 multiplied by the number of houses of the local authority; and

(b)where the local authority has a stock of houses not exceeding 3,000 a supplementary amount of £125.62 per house.

4.  For repairs and maintenance, £1382.64 multiplied by the number of houses of the local authority.

5.  Estimated rents lost because of unlet houses.

6.  Estimated other miscellaneous expenditure which may properly be debited to the local authority’s housing revenue account.

Income

7.  Rental income of £3152.88 multiplied by the number of houses of the local authority.

8.  Estimated income other than rental income which may properly be credited to the local authority’s housing revenue account.

Interpretation

9.  In this Schedule—

(a)“the number of houses of the local authority” means the estimate of the number of houses to which the housing revenue account of Shetland Islands Council, at 31st March 2012, relates; and

(b)any reference to any type of expenditure, charge or income which is estimated is a reference to such an estimate made by the Scottish Ministers.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order fixes for the year 2012‑2013 the aggregate amount of the housing support grants payable under section 191 of the Housing (Scotland) Act 1987 (article 2).

Article 3 provides that the proportion of the aggregate amount payable to Shetland Islands Council is all of the aggregate amount. The method by which that proportion is determined is set out in the Schedule to the Order.

(1)

1987 c.26; sections 191(10) and 192(6) were amended by the Housing (Scotland) Act 1988 (c.43), Schedule 8, paragraphs 4 and 5 respectively. See section 192(7) of the 1987 Act for the definition of “prescribed”. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain Treasury consent was removed by section 55 of that Act.

(2)

Section 191(9) has been modified by paragraph 5 of Schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

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