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Housing (Scotland) Act 1987
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Changes to legislation:
Housing (Scotland) Act 1987, Section 35B is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 Section 35B:
- s. 35A 35B by 2001 asp 10 s. 4(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 21(3)(i) s. 21(3)(ai)(ii) by 2001 asp 10 Sch. 10 para. 13(3)(c) para. 13(I)-(iii)
- s. 24(3)(f) and word(s) inserted by 2003 asp 10 s. 5(1) (This amendment not applied to legislation.gov.uk. S. 5 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
- s. 31(2C)(c) words substituted by 2004 asp 8 Sch. 4 para. 2
- s. 61(2)(a) (ia) by 2001 asp 10 Sch. 10 para. 13(6)(a)(ii)
- s. 63(1A)-(61C) by 2001 asp 10 s. 46(2)
- s. 66(1)(vi)(vii) by 2001 asp 10 Sch. 10 para. 13(9)(b)
- s. 286(a)(c) by 2001 asp 10 Sch. 10 para. 13(40)(a) (b)
F135B Procedure on reviewS
(1)A review under section 35A shall be carried out by a person senior to the person who made the decision being reviewed and who had no involvement in the making of that decision.
(2)The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision reached on review.
(3)If the decision is—
(a)to confirm the original decision on any issue against the interests of the applicant, or
(b)to confirm a previous decision—
(i)to notify another authority under section 33(1), or
(ii)that the conditions are met for referral of his case,
the authority shall also notify him of the reasons for the decision.
(4)Where subsection (3) applies, notice of the decision shall not be treated as given unless and until that subsection is complied with.
(5)Any notice required to be given to an applicant under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.
Textual Amendments
F1S. 35B inserted (1.4.2002) by 2001 asp 10, s. 4(4); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)
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