Search Legislation

Housing (Financial Provisions) (Scotland) Act 1968

Status:

This is the original version (as it was originally enacted).

Schedule 1Determination of Cost of Site

1For the purposes of this Act the cost of a site shall be taken to be—

(a)if the site was acquired by a local authority under any enactment relating to housing, the expenses incurred by the authority in connection with the acquisition ;

(b)if the site was acquired by a local authority otherwise than under any such enactment, such amount as the Secretary of State may determine, having regard to the purposes for which the site was acquired, the expenses incurred in connection with the acquisition, the time elapsed since the acquisition and the use made of the site before its appropriation for housing purposes;

(c)if the site was acquired by a recipient authority other than a local authority, either of the following, as the Secretary of State may determine, having regard to the matters mentioned in sub-paragraph (b) of this paragraph, that is to say—

(i)the expenses incurred by the recipient authority in connection with the acquisition ; or

(ii)the value of the site as certified by the Secretary of State.

2For the purposes of this Act, any question as to—

(a)what constitutes a separate site, or

(b)on what part of such a site any building has been erected, or

(c)how much of any expenses incurred by a local authority in connection with the acquisition of any land is to be attributed to any site forming part only of the land, shall be determined by the Secretary of State.

3For the purposes of any determination under sub-paragraph (a) or sub-paragraph (b) of paragraph 2 of this Schedule—

(a)where two buildings are contiguous to each other, or are separated from each other by a street only, the two buildings shall, if the Secretary of State thinks proper, be deemed to be on the same site ; and

(b)where any land has been acquired in connection with the provision of a building and has been or is to be used for the purpose of a new street to which the building is or will be contiguous, that land shall be deemed to form part of the site of the building.

4In this Schedule—

  • "building" includes any land appertaining to a building and any land appropriated for the purposes of a building which has not been erected ; and

  • "street" includes a public highway and any court, alley, passage or square, whether a thoroughfare or not.

Schedule 2Ascertainment of additional Exchequer Contributions for Houses provided by Local Authorities with Special Financial Difficulties

Part I

Interpretation

1In this Schedule—

(a)" relevant financial year," in relation to any house, means the financial year preceding that in which the house was completed ;

(b)references in relation to a local authority to the product of a rate of a specified sum are references to the product of a rate of that sum in the pound for the district of the local authority for the relevant financial year, and section 9(1) of the Local Government (Financial Provisions) (Scotland) Act 1963 shall apply for the purpose of calculating that product.

Part II

Calculation of Exchequer contribution

2(1)A comparison shall be made between—

(a)the total of the amounts carried to the credit of the local authority's housing revenue account, as adjusted in accordance with this paragraph, for the relevant financial year (in this paragraph referred to as the " credits "), and

(b)the total of the amounts carried to the debit of that account, as adjusted as aforesaid, for that year (in this paragraph referred to as the " debits ").

(2)For the purposes of the comparison required by sub-paragraph (1) of this paragraph—

(a)it shall be assumed that in the credits, for the income for the relevant financial year from rents in respect of the houses to which the said account relates and any amounts carried to the credit of the account for that year under sub-paragraphs (4) and (5) of paragraph 1 of Schedule 7 to this Act, there has been substituted an amount equal to the local authority's total housing valuation for the relevant financial year multiplied by the fraction determined in respect of the relevant financial year by the Secretary of State in accordance with Part IV of this Schedule ;

(b)there shall be excluded from the debits any expenditure by way of rebates from rents ;

(c)there shall be excluded from the debits any surplus shown in the account at the end of the relevant financial year and from the credits any surplus brought forward from the account for the immediately preceding financial year.

(3)If it appears to the Secretary of State that any amount, or part of any amount, carried to the credit or to the debit of the local authority's housing revenue account for the relevant financial year ought to be left out of account for the purposes of the comparison required as aforesaid, he may, after consulting the authority, direct that for the purposes of that comparison the said amount or part of that amount shall be excluded from the credits or from the debits, as the case may be.

3If on the comparison required as aforesaid being made there is a deficit, the amount of that deficit shall be reduced by the amount which bears to that deficit—

(a)in the case of any house completed before the first day of the financial year commencing in 1968, the same proportion as the amount of the exchequer equalisation grant payable to the local authority for the relevant financial year under the Local Government (Financial Provisions) (Scotland) Act 1954 bears to the authority's relevant local expenditure as certified by the Secretary of State to have been estimated under the said Act of 1954 according to the latest estimate made before the end of the relevant financial year ; and

(b)in the case of any house completed on or after the first day of the financial year commencing in 1968, the same proportion as the amount of the resources element of the rate support grant payable to the local authority for the relevant financial year under the Local Government (Scotland) Act 1966 bears to the authority's relevant local expenditure as certified by the Secretary of State to have been estimated according to the latest estimate made before the end of the relevant financial year, as calculated for the purposes of Part II of Schedule 1 to that Act in accordance with the provisions of paragraphs 4 and 5 of the said Part II,

and where the amount of the deficit as so reduced exceeds the product of a rate of two shillings and sixpence, the Secretary of State shall pay to the authority an additional Exchequer contribution, the amount of which shall be determined according to the following Table—

Table

Where the amount of the local authority's reduced deficit—Amount of additional Exchequer contribution—
exceeds the product of a rate of two shillings and sixpence but not of a rate of three shillings and sixpencefifteen pounds
exceeds the product of a rate of three shillings and sixpence but not of a rate of four shillings and sixpencethirty pounds
exceeds the product of a rate of four shillings and sixpence but not of a rate of five shillings and sixpenceforty-five pounds
exceeds the product of a rate of five shillings and sixpence but not of a rate of six shillings and sixpencesixty pounds
exceeds the product of a rate of six shillings and sixpenceseventy-five pounds

4(1)This paragraph applies to any house completed on or after the first day of the financial year commencing in 1967.

(2)Paragraph 3 of this Schedule shall apply to any house to which this paragraph applies, but as if for the references to the sum of two shillings and sixpence and to each of the sums listed in column 1 of the Table there were substituted respectively references to each of those sums adjusted by—

(a)dividing by the estimated aggregate product of a penny rate for the areas of all local authorities for the relevant financial year or, where that year was not a year of revaluation, for the last preceding year of revaluation, and

(b)multiplying by the said estimated aggregate for the financial year commencing in 1965,

and rounded off to the nearest penny.

(3)In sub-paragraph (2) of this paragraph, " year of revaluation " has the same meaning as in section 9 of the Valuation and Rating (Scotland) Act 1956.

5For the purposes of the calculations required by this Part of this Schedule to be made in relation to any local authority for any financial year there shall be used such accounts, whether provisional or final, of the authority (being accounts for that financial year) as the Secretary of State may direct; and if provisional accounts are used nothing in this Part of this Schedule shall be taken to require the making of any recalculation on the final accounts becoming available.

Part III

Ascertainment of total housing valuation for the relevant financial year

6For the purposes of this Schedule a local authority's total housing valuation for any relevant financial year shall be ascertained in accordance with this Part of this Schedule.

7There shall be ascertained—

(a)the aggregate of the gross annual values of all the houses to which the local authority's housing revenue account related at the end of the relevant financial year, and

(b)the aggregate of the gross annual values of all the houses to which the local authority's housing revenue account related at the end of the financial year immediately preceding the relevant financial year:

Provided that in ascertaining the said aggregates there shall be excluded such part of the gross annual value of any house as may be certified by the assessor to be attributable to any garage provided otherwise than by the local authority.

8The amounts ascertained under paragraph 7 of this Schedule shall be added together and their sum shall be divided by two; and the result shall be the local authority's total housing valuation for the relevant financial year.

9Where, by reason of a change in the areas of local authorities, houses are transferred from one local authority to another local authority, the Secretary of State may, having regard to the gross annual values of the houses and the date and circumstances of their transfer, direct that such other method of calculation as he may consider appropriate shall be used for the purposes of this Part of this Schedule in lieu of the method of calculation specified in the two last foregoing paragraphs.

10Any reference in this Part of this Schedule to the gross annual value of a house to which a local authority's housing revenue account related at the end of any financial year shall be construed as a reference to the gross annual value of that house, determined under section 6 of the Valuation and Rating (Scotland) Act 1956, as shown in the valuation roll in operation on the first day of the financial year immediately following the financial year in question ; so however that if no gross annual value determined as aforesaid is shown for that house in that valuation roll the reference shall be construed as a reference to such value as may be estimated by the assessor to be the gross annual value, determined as aforesaid, of the house.

11References in this Part of this Schedule to the assessor, in relation to any house, are references to the assessor appointed under section 1 of the Valuation and Rating (Scotland) Act 1956, for the area in which the house is situated.

Part IV

Determination of fraction referred to in paragraph 2(2)(a) of this Schedule

12(1)The Secretary of State shall estimate—

(a)the aggregate of the total amounts carried to the credit of the housing revenue accounts of all local authorities for the relevant financial year,

(b)the aggregate of the total amounts carried to the debit of those accounts for that year, and

(c)the aggregate of the total housing valuations of all local authorities for that year.

(2)For the purposes of sub-paragraph (1) of this paragraph—

(a)it shall be assumed that in the credits, for the income for the relevant financial year from rents in respect of the houses to which the said accounts relate and any amounts carried to the credit of the accounts for that year under sub-paragraphs (4) and (5) of paragraph 1 of Schedule 7 to this Act, there has been substituted an amount equal to one-third of the aggregate of the Exchequer contributions payable to the said authorities for that year under any of the enactments mentioned in Schedule 8 to this Act;

(b)sub-paragraphs (2)(b) and (c) and (3) of paragraph 2 of this Schedule shall apply in like manner as they apply for the purposes of the comparison required by sub-paragraph (1) of the said paragraph.

13The amount by which the estimated aggregate of the debits referred to in head (b) of paragraph 12(1) of this Schedule exceeds the estimated aggregate of the credits referred to in head (a) of the said paragraph 12(1) shall be expressed as a fraction of the estimated aggregate of the total housing valuations referred to in head (c) of the said paragraph 12(1).

Schedule 3Conditions to be Observed with respect to Dwellings provided or improved with the Help of Improvement Grants or Standard Grants

1The dwelling shall not be used for purposes other than those of a private dwelling-house. For the purposes of this paragraph, a dwelling shall not be deemed to be used for purposes other than those of a private dwelling-house by reason only that part thereof is used as a shop or office, or for business, trade or professional purposes.

2AH reasonable steps shall be taken to secure the maintenance of the dwelling so as to be in all respects fit for human habitation.

3The dwelling shall at all times at which it is not occupied—

(a)by the applicant for the grant or a member of his family;

or

(b)where the applicant is a trustee within the meaning of the Trusts (Scotland) Act 1921, by a person who under the trust is interested in the dwelling or the proceeds of sale thereof, or by a member of the family of such a person ; or

(c)by a person who on the death of the applicant has (whether or not in consequence of a disposition by will) become beneficially entitled to, or to an interest in, the interest of the applicant in the dwelling or in the proceeds of sale thereof, or by a member of the family of such a person ; or

(d)by a member of the agricultural population in pursuance of a contract of service and otherwise than as a tenant;

be let or kept available for letting:

Provided that this paragraph shall not apply to a dwelling held upon trust for any charitable purpose within the meaning of the Income Tax Act 1952 so long as it is occupied or kept available for occupation for that purpose.

4Subject to the provisions of subsections (4) and (5) of section 32 of this Act, the rent payable by a tenant of the dwelling shall not exceed—

(a)in a case where a maximum rent with respect to the dwelling has been fixed under subsection (1) of the said section 32, the amount thereof;

(b)in any other case, and subject to the provisions of section 32(3) of this Act, an amount equal to the aggregate of—

(i)the rent at which the dwelling was last let before the improvement works were begun, and

(ii)a sum calculated at a rate per annum not exceeding the appropriate percentage of the fraction of the approved expense of executing the improvement works or of the approved proportion of that expense (according as the works were for the improvement of a single dwelling or of two or more dwellings) that fell to be borne by the applicant for the grant; and

(iii)any sum recoverable in respect of the dwelling by way of repairs increase or by way of 1957 Act increase (other than any such sum included in the rent referred to in head (i) above),

and no fine, premium or other like sum shall be taken in addition to the rent. In this paragraph—

  • " appropriate percentage " means, in a case where the application for the grant was made before 3rd July 1962, eight per cent, and, in a case where the application was made on or after that date, twelve and one half per cent.;

  • " repairs increase " has the same meaning as in the Housing (Repairs and Rents) (Scotland) Act 1954 ; and

  • " 1957 Act increase " has the same meaning as in the Rent Act 1957.

5The owner of the dwelling shall, on being required so to do by the local authority, certify that the conditions specified in paragraphs 1, 3 and 4 of this Schedule are being observed with respect to the dwelling, and any tenant of the dwelling shall, on being so required in writing by the owner, furnish to him such information as he may reasonably require for the purpose of enabling him to comply with this condition.

6In the event of a tenant assigning his interest in, or otherwise parting with the possession of, the dwelling, it shall not be lawful for any person in consideration thereof to make any payment other than rent or for the tenant to receive, directly or indirectly, any such payment.

7Where the dwelling is occupied for the time being by a member of the agricultural population in pursuance of a contract of service, then if that contract is determined—

(a)by less than four weeks' notice given by the employer, or

(b)by dismissal of the employee without notice, or

(c)by the death of either party,

the employer or his personal representative shall permit the employee (or, in the case of his death, any person residing with him at his death) to continue to occupy the dwelling free of charge from the determination of the contract until the expiration of a period of four weeks beginning with the date on which the notice is given or, if the contract is determined otherwise than by notice, with the date on which it is determined. In this paragraph " occupied " means occupied otherwise than by a tenant, and " occupy " shall be construed accordingly.

Schedule 4Conditions to be Observed with respect to Houses provided with Assistance under Section 44

1The house shall be so maintained as to be in all respects fit for human habitation.

2Subject to the provisions of section 45(2) of this Act, the house shall not be occupied otherwise than by a member of the agricultural population.

3The house shall not be let at a rent exceeding—

(a)except in such a case as is mentioned in head (b) of this paragraph, the rent fixed by the local authority at the time when they approved the application for assistance;

(b)in a case to which paragraph 9 of Schedule 3 to the Valuation and Rating (Scotland) Act 1956 applies, the rent so fixed reduced by virtue of the said paragraph 9.

4Where the house is occupied for the time being by a member of the agricultural population in pursuance of a contract of service, men if that contract is determined—

(a)by less than four weeks' notice given by the employer,

(b)by dismissal of the employee without notice, or

(c)by the death of either party,

the employer or his personal representative shall permit the employee (or, in the case of his death, any person residing with him at his death) to continue to occupy the house free of charge from the determination of the contract until the expiration of a period of four weeks beginning with the date on which the notice is given or, if the contract is determined otherwise than by notice, with the date on which it is determined. In this paragraph " occupied" means occupied otherwise than by a tenant, and " occupy " shall be construed accordingly.

5The owner of the house shall from time to time, on being so required by the local authority, furnish to the authority a certificate to the effect that the conditions specified in this Schedule are being observed with respect to the house, and any tenant of the house shall, on being so required in writing by the owner, furnish to him such information as he may reasonably require for the purpose of enabling him to comply with this condition.

Schedule 5Enactments Referred to in Section 57(1)

The Housing, Town Planning, &c. (Scotland) Act 1919.

(9 & 10 Geo. 5 c. 60)

The Housing, &c. Act 1923.

(13 & 14 Geo. 5 c. 24)

The Housing (Financial Provisions) Act 1924.

(14 & 15 Geo. 5 c. 35)

The Housing (Scotland) Act 1925.

(15 & 16 Geo. 5 c. 15)

The Housing (Rural Workers) Acts 1926 to 1942

The Housing (Scotland) Act 1930.

(20 & 21 Geo. 5 c. 40)

The Housing (Rural Authorities) Act 1931.

(21 & 22 Geo. 5 c. 39)

The Housing (Financial Provisions) (Scotland) Act 1933.

(23 & 24 Geo. 5 c. 16)

The Housing (Scotland) Act 1935.

(25 & 26 Geo. 5 c. 41)

The Housing (Agricultural Population) (Scotland) Act 1938.

(1 & 2 Geo. 6 c. 38)

The Housing (Financial Provisions) (Scotland) Act 1938.

(2 & 3 Geo. 6 c. 3)

The Housing (Scotland) Act 1950.

(14 Geo. 6 c. 34)

The Housing and Town Development (Scotland) Act 1957.

(5 & 6 Eliz. 2. c. 38) Sections 2 and 3.

The Housing (Scotland) Act 1962.

(10 & 11 Eliz. 2. c. 28)

Part I.

Schedule 6Enactments Referred to in Section 58(1)

The Housing, Town Planning, &c. (Scotland) Act 1919.

(9 & 10 Geo. 5. c. 60)

Sections 5 and 16

The Housing, &c. Act 1923.

(13 & 14 Geo. 5 c. 24)

Sections 1 and 3.

The Housing (Rural Workers) Act 1926.

(16 & 17 Geo. 5 c. 56)

Section 4.

The Housing (Scotland) Act 1930.

(20 & 21 Geo. 5 c. 40)

Section 23.

The Housing (Rural Authorities) Act 1931.

(21 & 22 Geo. 5 c. 39)

Section 1.

The Housing (Scotland) Act 1935.

(25 & 26 Geo. 5 c. 41)

Sections 26, 30 and 35.

The Housing (Agricultural Population) (Scotland) Act 1938.

(1 & 2 Geo. 6 c. 38)

Section 1.

The Housing (Financial Provisions) (Scotland) Act 1938.

(2 & 3 Geo. 6 c. 3)

Sections 1 and 2.

The Housing (Scotland) Act 1950.

(14 Geo. 6 c. 34)

Sections 84 to 88, 89(3) and (4), 91, 93, 104, 105, 110 and 121.

The Housing and Town Development (Scotland) Act 1957.

(5 & 6 Eliz. 2 c. 38)

Sections 2, 3 and 23.

The Housing (Scotland) Act 1962.

(10 & 11 Eliz. 2 c. 28)

Sections 1 to 7, 9, 12(3) and 14.

The Housing Act 1964. (1964 c. 56)

Section 92.

This Act.

Part I, Part II (except sections 26 and 50) and section 58(4).

Schedule 7The Housing Revenue Account

1(1)In each financial year a local authority shall carry to the credit of the housing revenue account amounts equal to—

(a)the income receivable by the local authority for that year from rents and feuduties in respect of houses and other property to which the account relates ;

(b)any Exchequer contributions payable to the local authority for that year under any of the enactments mentioned in Schedule 8 to this Act, together with any Exchequer contributions payable to them under section 87(2) or 87(4) of the Housing (Scotland) Act 1950 or under section 9(2) or 9(4) of the Housing (Scotland) Act 1962 or under section 92(2), as read with section 92(10), of the Housing Act 1964 ;

(c)any payments received by the local authority from another local authority in pursuance of any overspill agreement within the meaning of Part II of the Housing and Town Development (Scotland) Act 1957, being payments such as are mentioned in paragraph 2(g) of this Schedule ;

(d)any contributions received by the local authority under section 101(1) of the Housing Act 1964, in so far as amounts equal to the expenditure towards which those contributions are made fall to be debited to the account.

(2)Where any house or other property to which the account relates has been sold or otherwise disposed of, whether before or after the commencement of this Act, 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, unless the Secretary of State otherwise directs as respects the whole or any part of such income, be carried to the credit of the account in like manner as if it had been income from rents.

(3)An amount equal to the income (if any) of the local authority arising from an investment or other use of borrowed moneys in respect of which the authority are required under the following provisions of this Schedule to debit loan charges to the account shall be carried to the credit of the account in like manner as if it had been income from rents.

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

(5)In any financial year the local authority may 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 may think fit.

2In each financial 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 moneys borrowed by a local authority for the purpose of—

(i)the provision by them after 12th February 1919 of housing accommodation under Part III of the Housing (Scotland) Act 1925, or under any enactment relating to the provision of housing accommodation for the working classes repealed by that Act, or under Part V of the Housing (Scotland) Act 1950, or under Part VII of the principal Act; or

(ii)the execution of works in respect of which the Secretary of State has undertaken to make an Exchequer contribution under section 35 of the Housing (Scotland) Act 1935 ; or

(iii)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 said Act of 1950 or under section 13 of this Act; or

(iv)the purchase of any houses approved by the Secretary of State for the purposes of section 4 of the Housing (Repairs and Rents) (Scotland) Act 1954 or section 19 of this Act, or the carrying out of works on such houses ;

(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 supervision and management of houses and other property to which the account relates ;

(d)the arrears of rent which have been written off in that year as irrecoverable;

(e)any amounts required to be credited by the local authority for that year to a housing repairs account kept in accordance with section 61 of this Act;

(f)if the local authority keep a housing equalisation account in accordance with section 62 of this Act, any amounts required to be credited by the authority for that year to that account;

(g)any payments made by the local authority to another local authority or a development corporation in pursuance of any overspill agreement within the meaning of Part II of the Housing and Town Development (Scotland) Act 1957, 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.

3Where it appears to the Secretary of State that amounts in respect of any incomings or outgoings 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 incomings and outgoings 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:

Provided that, in the case of incomings and outgoings other than those mentioned in the foregoing provisions of this Schedule, directions under this paragraph may (instead of directing particular amounts to be credited or debited) direct generally that credits or debits shall be made in respect of incomings and outgoings of a kind specified in the direction.

4Any surplus shown in a housing revenue account at the end of a financial year may be applied by the local authority, in whole or in part, in making good to the general rate fund any amounts credited to the account under paragraph 1(4) or 1(5) of this Schedule in any of the nine last preceding financial years, and, so far as not so applied, shall be carried forward in the account to the next financial year.

5References 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 is required by section 60 of this Act to keep the account.

Schedule 8Enactments referred to in Sections 55, 57 and 62, and in Schedules 2 and 7

The Housing, Town Planning, &c. (Scotland) Act 1919.

(9 & 10 Geo. 5. c. 60)

Section 5.

The Housing, &c. Act 1923.

(13 & 14 Geo. 5. c. 24)

Section 1(1)(b) and (3).

The Housing (Scotland) Act 1930.

(20 & 21 Geo. 5. c. 40)

Section 23.

The Housing (Rural Authorities) Act 1931.

(21 & 22 Geo. 5. c. 39)

Section 1.

The Housing (Scotland) Act 1935.

(25 & 26 Geo. 5. c. 41)

Part III.

The Housing (Agricultural Population) (Scotland) Act 1938.

(1 & 2 Geo. 6. c. 38)

Section 1.

The Housing (Financial Provisions) (Scotland) Act 1938.

(2 & 3 Geo. 6. c. 3)

Section 1.

The Housing (Scotland) Act 1950

(14 Geo. 6. c. 34)

Sections 84 to 86, 88, 91 and 105.

The Housing and Town Development (Scotland) Act 1957.

(5 & 6 Eliz. 2. c. 38)

Sections 2 and 3.

The Housing (Scotland) Act 1962.

(10 & 11 Eliz. 2. c. 28)

Part I.

This Act

Sections 2, 4 to 10, 13, 19 and 58(4).

Schedule 9Consequential Amendment of Housing (Scotland) Act 1966

1In section 74(4), for the words " section 19 of the House Purchase and Housing Act 1959 or section 111 of the Housing (Scotland) Act 1950" there shall be substituted the words

section 40 or section 27 of the Housing (Financial Provisions) (Scotland) Act 1968.

2In section 74(8), for the words " section 75(3)(c) of the Housing (Scotland) Act 1950 " there shall be substituted the words

section 49(3)(c) of the Housing (Financial Provisions) (Scotland) Act 1968.

3In section 79(2), for the words "section 19 of the House Purchase and Housing Act 1959 " there shall be substituted the words

section 40 of the Housing (Financial Provisions) (Scotland) Act 1968.

4In section 86(7), for the words " section 19 of the House Purchase and Housing Act 1959 " there shall be substituted the words

section 39 of the Housing (Financial Provisions) (Scotland) Act 1968, and the words " transitional and other supplemental provisions, including " shall be omitted.

5In section 145(6), for the words " Part I of Schedule 6 to the Housing (Scotland) Act 1950 " there shall be substituted the words

Schedule 8 to the Housing (Financial Provisions) (Scotland) Act 1968.

6In section 146, for the words "section 137 of the Housing (Scotland) Act 1950 " there shall be substituted the words

section 60 of the Housing (Financial Provisions) (Scotland) Act 1968.

7In section 151(1), for the words " section 137 of the Housing (Scotland) Act 1950" there shall be substituted the words

section 60 of the Housing (Financial Provisions) (Scotland) Act 1968.

8In section 175(1) for the words " section 23(1) of the Housing and Town Development (Scotland) Act 1957 " there shall be substituted the words

section 1(3) of the Housing (Financial Provisions) (Scotland) Act 1968,

and for the words " section 18(1)(b) of the Housing (Scotland) Act 1962" there shall be substituted the words

section 25(1)(b) of the Housing (Financial Provisions) (Scotland) Act 1968.

9In section 208(1), the definition of " Exchequer contribution " shall be omitted.

10In section 210(2), for the words " the references in sections 2, 177(1), 178(b), 183(1)(a), 193(1), 196(1) and 197(1) of this Act" there shall be substituted the following words— the references in sections 1, 2, 177(1), 178(b), 183(1)(a), 191. 192(4) and (6), 193(1), 196(1), 197(1), 200(1), 201, 202, 205 and 206 of this Act

and for the words " section 165(1) of this Act" there shall be substituted the words

sections 165(1) and 200(2) of this Act;

.

11In Schedule 9, the amendment of sections 137 and 138 of the Housing (Scotland) Act 1950 and the amendment of section 29(2) of the House Purchase and Housing Act 1959 shall be omitted.

Schedule 10Enactments Repealed

Session and ChapterShort TitleExtent of Repeal
14 Geo. 6. c. 34.The Housing (Scotland) Act 1950.

Section 1. Section 75. Sections 77 and 78. Sections 89 and 90. Section 92. Section 109. Sections 111 to 119. Section 122.

In section 123, the words from

" or arrangements " to " Part of this Act". In section 126, subsections (1), (3) and (4).

In section 127, subsections (3) and (4).

In section 128, subsections (2) and (3).

Section 130. Section 132. Sections 137 to 142. Sections 167 and 168. Sections 174 to 176. Sections 182 and 183. Schedule 6. Schedule 8. Schedule 10.

15 & 16 Geo. 6. and 1 Eliz. 2. c. 63.The Housing (Scotland) Act 1952.

In section 1, subsection (4).

Sections 3 and 4.

Sections 6 and 7.

In section 9, subsections (1) and (2), in subsection (3) the words " and subsection (6) of section one hundred and eleven of the principal Act " and the words " and, in the case of the said subsection (6), section three of this Act", subsections (4) and (6).

2 & 3 Eliz. 2. c. 50.The Housing (Repairs and Rents) (Scotland) Act 1954.

Section 4.

Sections 9 to 11.

In section 43, the words " or section one hundred and sixteen or section one hundred and seventy of the Housing (Scotland) Act 1950".

3 & 4 Eliz. 2. c. 21.The Crofters (Scotland) Act 1955.In section 22(8), the words " and subsection (6) of section one hundred and eleven" and the words " and subsection (5) of section three of the Housing (Scotland) Act 1952 ".
5 & 6 Eliz. 2. c. 25.The Rent Act 1957.In section 10(2), paragraph (d).
5 & 6 Eliz. 2. c. 38.The Housing and Town Development (Scotland) Act 1957.

Section 4.

In section 5, subsection (1). Section 21.

In section 27(1), the words " or in Part I of the Housing (Repairs and Rents) (Scotland) Act 1954 ".

In Schedule 1, paragraphs 5, 6, 8 and 10 to 12.

7 & 8 Eliz. 2. c. 33.The House Purchase and Housing Act 1959.

In section 3, in subsection (1) the words "and paragraph (b) of subsection (3) of section seventy-five of the Act of 1950 ", and in subsection (2) the words " and of the said section seventy-five " and the words " which or of ".

Sections 19 and 20.

Sections 22 to 24.

In section 25, the words " and section one hundred and ten of the Act of 1950 (which makes similar provision as respects Scotland)".

In section 29, in subsection (1) in the definition of " improvement grant" the words " or under section one hundred and eleven of the Act of 1950 ", and in subsection (2) the words " and, in Scotland, section 5 of the Housing (Scotland) Act 1966 ".

In section 31(1), the words from " and the Act of 1950 " to the end.

In section 32(4), the words "and Part II of the First Schedule thereto ".

In Schedule 1, Part II.

10 & 11 Eliz. 2. c. 28.The Housing (Scotland) Act 1962.

Section 8. Sections 11 to 13. Section 15.

In section 16, the words " and section one hundred and eighteen of the Act of 1950 (which relates to the increase of rent under Part VII of that Act in certain cases) ".

Sections 17 and 18.

In section 19, subsection (1).

In section 32(1), paragraph (b) and the words " or, as the case may be, by whom it may be occupied ".

In Schedule 4, paragraph 4, in paragraph 6 the words from "and Part I of the Sixth Schedule " to the end, paragraphs 32 to 34 and paragraph 36.

1964 c. 56.The Housing Act 1964.

In section 11, subsection (2).

Sections 45 to 49.

Section 55.

Sections 61 and 62.

In section 63, subsection (2).

In section 92, subsection (7), and, in subsection (10), paragraph (h).

Section 96.

In section 97, subsection (2). Section 99. Section 101(2). Section 103.

1965 c. 40.The Housing (Amendment) (Scotland) Act 1965.The whole Act.
1966 c. 49.The Housing (Scotland) Act 1966.

In section 86(7), the words " transitional and other supplementary provisions, including ".

In section 208(1), the definition of " Exchequer contribution".

In Schedule 9, the amendment of sections 137 and 138 of the Housing (Scotland) Act 1950 and the amendment of section 29(2) of the House Purchase and Housing Act 1959.

1967 c. 20.The Housing (Financial Provisions. &c.) (Scotland) Act 1967.

In section 1, subsections (1) to (3).

Sections 2 to 10.

In section 11, in subsection (1) the words " The provisions of this section shall have effect with respect to annual contributions, and ", and subsections (2) to (6).

Sections 12 to 15.

In section 16, subsection (2).

In section 17, in subsection (1) the definitions of " approved house "," authorised arrangements made with a local authority" and " relevant financial year", and subsection (2).

In section 21(1), the words from " so however " to the end.

Schedules 1 and 2. Schedule 4.

In Schedule 5, paragraphs 5, 7 to 9, 12 and 13.

Back to top

Options/Help

Print Options

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

Opening Options

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

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