The Housing (Scotland) Act 2001 (Assistance to Registered Social Landlords and Other Persons) (Grants) Regulations 2004

Interpretation and application

2.—(1) In these Regulations–

“the Act” means the Housing (Scotland) Act 2001;

“actual cashflow” means the cashflow approved by a local authority after completion of a project;

“appraisal” means, in relation to any grant, a process that enables a local authority to determine on the basis of all information available to that authority, whether contained in a document or otherwise, whether grant may be provided and the amount of any such grant;

“approved cashflow” means the projected cashflow approved by a local authority before commencement of a project;

“approved documents” means all specifications, designs, bills of quantity, plans, forms of building contract, professional appointments and tender reports submitted to and approved by a local authority in respect of a project;

“bank guarantee” means a bank guarantee provided by a commercial bank as security for a grant, the terms of which have been approved by a local authority;

“business” means any person or body that carries out a commercial activity;

“chartered surveyor” means a surveyor registered with the Royal Institution of Chartered Surveyors;

“client group” means a category of individual which a local authority agrees is eligible to purchase or rent a unit in respect of which grant is paid;

“GPSE” has the meaning given by paragraph 1 of Schedule 4 to these Regulations;

“grant” means a grant included in the categories of grant assistance specified in regulation 3;

“grant applicant” means a person who has applied for a grant but who has not had that application for grant approved by a local authority;

“grant recipient” means a person who has received a grant or has had a grant application approved by a local authority;

“GRO for owner occupation” has the meaning given by paragraph 1 of Schedule 2 to these Regulations;

“HAG” has the meaning given by paragraph 1 of Schedule 1 to these Regulations;

“housing trust” has the same meaning as in section 2 of the Housing Associations Act 1985(1);

“housing association” has the same meaning as in section 1 of the Housing Associations Act 1985;

“individual with particular needs” means an individual who requires housing designed to meet that individual’s specific requirements as a result of mental illness, mental disability or physical disability;

“licence agreement” means a licence agreement to allow a grant recipient to occupy and develop the subjects;

“local housing strategy” has the same meaning as in section 89 of the Act;

“market value” means the value of a unit as determined by a chartered surveyor as if that unit was available for sale on the open market with vacant possession;

“non registered housing association” means a housing association that is not an RSL;

“offer of grant” means an offer of grant made by a local authority to a grant recipient;

“performance bond” means a performance bond which is provided by a commercial insurance company as security for a grant, the terms of which have been approved by a local authority;

“permitted security” means a standard security, whenever granted, the terms of which have been approved by a local authority (and such approval shall be deemed to have been given in any case where it has been withheld unreasonably);

“private developer” means any person operating a business that develops property with a view to making profit, but does not include any public or local authority or an RSL;

“progress report” means the progress report and application for payment of grant submitted to a local authority in the form to be specified by that local authority at intervals specified by that local authority;

“project” means any project within the meaning of any of the Schedules to these Regulations;

“retail prices index” means the General Index of Retail Prices (all items) issued by the Office of National Statistics or any successor Ministry or Department;

“RHOG” has the meaning given by paragraph 1 of Schedule 3 to these Regulations;

“RSL” means a registered social landlord in terms of section 57 of the Act;

“shared ownership” has the same meaning as in section 83(3) of the Act;

“subjects” means any land or buildings that are provided, improved, adapted and repaired, developed and redeveloped, or acquired or constructed with grant assistance;

“term of the grant” means the term of the grant within the meaning of each of the Schedules to these Regulations;

“unit” means an individual flat or house that is provided by a project;

“voluntary organisation” means a body whose activities are not carried on for profit, but does not include any public or local authority, RSL, housing trust or non registered housing association; and

“in writing” includes reference to an electronic communication, as defined in the Electronic Communications Act 2000(2), which has been recorded and is consequently capable of being reproduced.

(2) Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation of, or a Schedule to, these Regulations to a numbered paragraph is to a paragraph bearing that number in that regulation or Schedule, as the case may be.

(3) These Regulations shall only apply in the case of financial assistance provided out of grants paid to the local authority by the Scottish Ministers but shall not apply where the relevant offer (as accepted) of grant by the Scottish Ministers so indicates.

(1)

1985 c. 69.

(2)

2000 c. 7.