Search Legislation

Housing (Scotland) Act 1987

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes over time for: PART II

 Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Housing (Scotland) Act 1987. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Housing (Scotland) Act 1987

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

PART IIS POWERS OF LOCAL AUTHORITY IN RELATION TO ACQUISITION OF LAND FOR HOUSING ACTION AREAS

3(1)Subject to the provisions of sub-paragraph (2), where a local authority have published and served, in accordance with the provisions of section 94, a notice of the passing of a draft resolution made under section 89, 90 or 91 the local authority, from the date of the said publication and service, shall have power to purchase land by agreement in the area to which the said draft resolution relates, in order themselves to undertake, or otherwise secure, the demolition, or improvement to the standard specified under section 90(3) or by virtue of section 91(3) (as the case may be), of the houses or buildings.S

(2)Where under sub-paragraph (1) the local authority purchase a house identified in accordance with section 92(4)(c), they may also purchase any other part of the building so identified if in their opinion it is necessary to purchase such other part in order to integrate it with that house.

Land adjoining housing action areaS

4—Where a local authority determine to acquire any land comprised in an area declared by them to be a housing action area, they may acquire also—S

(a)any land which is surrounded by the housing action area; and

(b)any land adjoining the housing action area,

if the acquisition is reasonably necessary for the purpose of securing an area of convenient shape and dimensions or is reasonably necessary for the satisfactory development or use of the housing action area.

Further provisions relating to acquisition of landS

5(1)In so far as a resolution passed under section 89 or 91 provides that some or all of the buildings in a housing action area should be demolished, the powers of acquiring land comprised in or surrounded by or adjoining such an area conferred on a local authority by Part IV and this Schedule shall not be restricted by the fact that buildings within that area have been demolished since the area was declared to be a housing action area.S

(2)Land for the purposes of Part IV and this Schedule may be acquired by a local authority by agreement under section 70 of the Local Government (Scotland) Act 1973 (acquisition of land by agreement).

(3)Subject to the provisions of sub-paragraph (4), a local authority may be authorised by the Secretary of State to purchase land compulsorily for the same purposes as they may acquire land by agreement under paragraphs 3 and 4, and the M1Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to any such compulsory purchase as if this Act had been in force immediately before the commencement of that Act, but subject to the following modifications—

(a)the compulsory purchase order shall not be in the form prescribed under paragraph 2 of Schedule 1 to that Act, but shall be in a form prescribed under this paragraph;

(b)the notices referred to in paragraphs 3 and 6 of the said Schedule 1 shall not be in the form prescribed under those paragraphs, but shall be in a form prescribed under this paragraph;

(c)the order shall show separately the houses in the housing action area which do not meet the tolerable standard and, as the case may be, that standard along with any other standard specified under section 90 or by virtue of section 91 and the land proposed to be purchased outside the area;

(d)the order as confirmed by the Secretary of State shall not authorise the local authority to purchase any house on less favourable terms with respect to compensation than the terms on which the order would have authorised them to purchase the house if the order had been confirmed without modification;

(e)if the Secretary of State is of opinion that any land included by a local authority in a housing action area ought not to have been so included, he shall on confirming the order so modify it as to exclude that land for all purposes from that area;

(f)in section 1 of that Act, any reference to the said Schedule 1 shall be construed as a reference to that Schedule as modified by this sub-paragraph;

(g)in Part IV of that Schedule any reference to that Act or that Schedule and any reference to any regulation made thereunder shall be construed respectively as a reference to that Act as modified by this sub-paragraph and as including a reference to any regulation made under this sub-paragraph;

(h)section 3 of that Act (power to extinguish certain public rights of way over land acquired) shall be omitted.

(4)Where a local authority have published and served notice of a final resolution in accordance with the provisions of paragraph 1 declaring an area to be—

(a)a housing action area for demolition, they shall submit any order authorising the compulsory purchase of land in the area to the Secretary of State within a period of 6 months from the date of the said publication and service,

(b)a housing action area for improvement or for demolition and improvement, any such order as aforesaid shall not be made by the local authority before the expiry of a period of 3 months and shall be submitted to the Secretary of State within a period of 9 months from the date of the said publication and service,

but the Secretary of State may in the circumstances of a particular case, allow such longer period for the periods of 6 months and 9 months mentioned respectively in paragraphs (a) and (b) as he thinks appropriate.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

Land belonging to local authorityS

6(1)A local authority may include in a housing action area any land belonging to them which they might have included in such an area if the land had not belonged to them.S

(2)Where any land belonging to a local authority is included in a housing action area, or where any land belonging to a local authority is surrounded by or adjoins a housing action area and might have been purchased by the authority under paragraph 4 had it not been previously acquired by them, the provisions of Part IV and this Schedule shall apply in relation to any such land as if it had been purchased compulsorily by the authority as being land comprised in the housing action area or, as the case may be, as being land surrounded by or adjoining the housing action area.

Local authority may take possession of landS

7—Section 11 (which provides that a local authority may take possession of land to be acquired by agreement or appropriated for the purposes of Part I) shall apply for the purposes of Part IV and this Schedule as it applies for the purposes of Part I.S

Local authority may sell or lease landS

8—A local authority who have under Part IV or this Schedule purchased any land comprised in or surrounded by or adjoining a housing action area, may—S

(a)where the land was purchased for the purpose of bringing the houses in the area up to the standard specified under section 90(3) or by virtue of section 91(3), sell or lease any such house to any person subject to the condition that that person will bring the house up to at least the appropriate standard and to any other restriction or condition that they may think fit; or

(b)in any other case, sell or lease the land subject to such restrictions and conditions, if any, as they think fit, or may, in accordance with section 73 of the Local Government (Scotland) Act 1973 (appropriation of land), appropriate the land for any purpose for which they are authorised to acquire land.

Extinction of rights of way servitudes, etc.S

9(1)A local authority may, with the approval of the Secretary of State, by order extinguish any public right of way over any land purchased by them under Part IV or this Schedule or provide for the closing or diversion of any road in connection with the development of a housing action area.S

(2)An order made by a local authority under sub-paragraph (1) shall be made in the prescribed form and be published in the prescribed manner, and, if any objection thereto is made to the Secretary of State before the expiry of 2 months from its publication, the Secretary of State shall not approve the order until he has caused a public local inquiry to be held into the matter.

(3)Where a local authority have resolved to purchase under Part IV or this Schedule land over which a public right of way exists, the authority may make and the Secretary of State may approve, in advance of the purchase, an order extinguishing that right as from the date on which the buildings on the land are vacated, or at the expiry of such period after that date as may be specified in the order or as the Secretary of State in approving the order may direct.

(4)Upon the completion by a local authority of the purchase by them of any land under Part IV or this Schedule, all private rights of way and all rights of laying down, erecting, continuing or maintaining any apparatus on, under or over that land, and all other rights or servitudes in or relating to that land, shall be extinguished, and any such apparatus shall vest in the authority; and any person who suffers loss by the extinction or vesting of any such right or apparatus as aforesaid shall be entitled to be paid by the authority compensation to be determined by the Lands Tribunal in accordance with the M2Land Compensation (Scotland) Act 1963:

Provided that this sub-paragraph shall not apply to any right vested in public undertakers of laying down, erecting, continuing or maintaining any apparatus or to any apparatus belonging to public undertakers, and shall have effect as respects other matters subject to any agreement which may be made between the local authority and the person in or to whom the right or apparatus in question is vested or belongs.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Marginal Citations

Provisions as to apparatus of public undertakersS

10(1)Where the removal or alteration of apparatus belonging to public undertakers on, under or over land purchased by a local authority under Part IV or this Schedule or on, under or over a road running over or through or adjoining any such land is reasonably necessary for the purpose of enabling the authority to exercise any of the powers conferred upon them by that Part or this Schedule, the authority shall have power to execute works for the removal or alteration of the apparatus subject to and in accordance with the provisions of this paragraph.S

(2)A local authority who intend to remove or alter any apparatus under the powers conferred by sub-paragraph (1) shall serve on the undertakers notice in writing of their intention, with particulars of the proposed works and of the manner in which they are to be executed and plans and sections thereof, and shall not commence any works until the expiry of a period of 28 days from the date of service of the notice, and the undertakers may within that period by notice in writing served on the authority—

(a)object to the execution of the works or any of them on the ground that they are not necessary for the purpose aforesaid; or

(b)state requirements to which in their opinion effect ought to be given as to the manner of, or the observance of conditions in, the execution of the works, as to the execution of other works for the protection of other apparatus belonging to the undertakers, or as to the execution of other works for the provision of substituted apparatus whether permanent or temporary;

and—

(i)if objection is so made to any works and not withdrawn, the local authority shall not execute the works unless they are determined by arbitration to be so necessary;

(ii)if any such requirement as aforesaid is so made and not withdrawn, the local authority shall give effect thereto unless it is determined by arbitration to be unreasonable.

(3)A local authority shall make to public undertakers reasonable compensation for any damage which is sustained by them by reason of the execution by the authority of any works under sub-paragraph (1) and which is not made good by the provision of substituted apparatus.

Any question as to the right of undertakers to recover compensation under this sub-paragraph or as to the amount thereof shall be determined by arbitration.

(4)Where the removal or alteration of apparatus belonging to public undertakers or the execution of works for the provision of substituted apparatus whether permanent or temporary is reasonably necessary for the purposes of their undertaking by reason of the stopping up, diversion or alteration of the level or width of a road by a local authority under powers exercisable by virtue of Part IV or this Schedule, such undertakers may, by notice in writing served on the authority, require them at the expense of the authority to remove or alter the apparatus or to execute the works, and, where any such requirement is so made and not withdrawn, the authority shall give effect thereto unless they serve notice in writing on the undertakers of their objection to the requirement within 28 days from the date of service of the notice upon them and the requirement is determined by arbitration to be unreasonable.

(5)At least 7 days before commencing any works which they are authorised or required under the provisions of this paragraph to execute, the local authority shall, except in case of emergency, serve on the undertakers notice in writing of their intention so to do, and the works shall be executed by the authority under the superintendence (at the expense of the authority) and to the reasonable satisfaction of the undertakers:

Provided that, if within 7 days from the date of service on them of notice under this sub-paragraph the undertakers so elect, they shall themselves execute the works in accordance with the reasonable directions and to the reasonable satisfaction of the local authority, and the reasonable costs thereof shall be repaid to the undertakers by the authority.

(6)Any difference arising between public undertakers and a local authority under sub-paragraph (5) and any matter which is by virtue of the provisions of this paragraph to be determined by arbitration shall—

(a)in the case of a question arising under sub-paragraph (3) be referred to and determined by the Lands Tribunal;

(b)in any other case be referred to and determined by an arbiter to be appointed, in default of agreement, by the Secretary of State.

(7)In this paragraph, references to the alteration of apparatus include references to diversion and to alterations of position or level.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Saving for telecommunication apparatus, etc.S

11(1)Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to a local authority for the purposes of any works which they are authorised to execute under Part IV or this Schedule.S

(2)Where in pursuance of an order under paragraph 9 a public right of way over land is extinguished or a road is closed or diverted, and, at the beginning of the day on which the order comes into operation, there is under, in, on, over, along or across the land or road any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into operation; but any person entitled to land over which the right of way subsisted shall be entitled to require the alteration of the apparatus.

(3)The proviso to sub-paragraph (4) of paragraph 9 shall have effect in relation to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system and to telecommunication apparatus kept installed for the purposes of any such system as it has effect in relation to rights vested in and apparatus belonging to statutory undertakers.

(4)Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this paragraph as it applies for the purposes of that code.

(5)Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this paragraph to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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 enactedversion 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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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