Housing (Financial Provisions) (Scotland) Act 1978

The Land Compensation (Scotland) Act 1973 (c. 56)

12 In section 27 (right to home loss payment where person displaced from dwelling)—

(a) in subsection (1)—

(i) after paragraph (d) there shall be inserted the following paragraph—

“(e) a requirement to remove from the building containing the dwelling in pursuance of section 13 of the [1959 c. 24.] Building (Scotland) Act 1959 (dangerous buildings) or any other enactment which requires the demolition of the building on account of its condition,”;

(ii) at the end of the subsection there shall be added the following paragraph—

“(v) where paragraph (e) above applies, the authority requiring the removal.”;

(b) in subsection (3A)—

(i) after the words "consequence of" there shall be inserted the word " (a) ";

(ii) after the word " dwelling " where it second occurs there shall be inserted the words " or ; (b) a requirement to remove as mentioned in subsection (1)(e) above ";

(iii) at the end of the subsection there shall be added the following words " or removal as the case may be. ";

(c) at the end of subsection (9) there shall be added the following words " except that, where the displacement is in consequence of the circumstances referred to in subsection (1)(e) above, it applies if the date of displacement is on or after the coming into force of paragraph 12 of Schedule 2 to the Housing (Financial Provisions) (Scotland) Act 1978. ".

13 In section 34 (disturbance payments for persons without compensatable interests)—

(a) in subsection (1)—

(i) after paragraph (d) there shall be inserted the following paragraph—

“(e) a requirement to remove from a building on the land in pursuance of section 13 of the Building (Scotland) Act 1959 (dangerous buildings) or any other enactment which requires the demolition of the building on account of its condition,”;

(ii) at the end of the subsection there shall be added the following paragraph—

“(v) where paragraph (e) above applies, the authority requiring the removal.”;

(b) in subsection (3)—

(i) for the words " or undertaking as is mentioned in paragraph (b)" there shall be substituted the words " undertaking or requirement to remove as is mentioned in paragraph (b) or (e) ";

(ii) for the words " or the undertaking was accepted " there shall be substituted " the undertaking was accepted or he was required to remove. ";

(c) in subsection (3A)—

(i) after the words " consequence of" there shall be inserted the word " (a) ";

(ii) after the word " building " there shall be inserted the words " or; (a) a requirement to remove as mentioned in subsection (1)(e) above ";

(iii) at the end of the subsection there shall be added the following words " or removal as the case may be. ";

(d) at the end of subsection (9) there shall be added the following words " except that, where the displacement is in consequence of the circumstances referred to in subsection (1)(e) above, it applies if the date of displacement is on or after the coming into force of paragraph 13 of Schedule 2 to the Housing (Financial Provisions) (Scotland) Acts 1978. ".

14 In section 36 (duty to re-house residential occupiers)—

(a) in subsection (1) after paragraph (c) there shall be inserted the following paragraph—

“(d) a requirement to remove the building containing the residential accommodation in pursuance of section 13 of the Building (Scotland) Act 1959 (dangerous buildings), or any other enactment which requires the demolition of the building on account of its condition,”;

(b) in subsection (6)—

(i) for the words " or undertaking as is mentioned in paragraph (b)" there shall be substituted " undertaking or requirement as is mentioned in paragraph (b) or (d) ";

(ii) for the words " or the undertaking was accepted " there shall be substituted " the undertaking was accepted or he was required to remove. ".