The Housing (Forms) (Scotland) Amendment Regulations 1996

Statutory Instruments

1996 No. 632 (S.67)

HOUSING, SCOTLAND

The Housing (Forms) (Scotland) Amendment Regulations 1996

Made

4th March 1996

Laid before Parliament

11th March 1996

Coming into force

1st April 1996

The Secretary of State, in exercise of the powers conferred on him by sections 237, 248(5) and 338(1) of the Housing (Scotland) Act 1987(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Housing (Forms) (Scotland) Amendment Regulations 1996 and shall come into force on 1st April 1996.

Amendments

2.  In the Schedule to the Housing (Forms) (Scotland) Regulations 1980(2)—

(a) in form 2—

(i) for paragraph 7(2)(b) substitute—

“(b) The council tax valuation band in which the house is listed at the date of this application.”; and

(ii) for the first sentence in note 3 substitute—

• “Where a house is to be occupied by the owner or a member of his family, it must generally be listed in a council tax valuation band which is not higher than a valuation band prescribed by the Secretary of State.”; and

(b) in form 3—

(i) for paragraph 6(b) substitute—

“(b) The council tax valuation band in which the house is listed at the date of this application.”; and

(ii) for the first sentence in note 3 substitute—

• “Where a house is to be occupied by the owner or a member of his family and is listed in a council tax valuation band which is higher than a valuation band prescribed by the Secretary of State, it may be excluded from grant.”.

Raymond S Robertson

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

4th March 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Housing (Forms) (Scotland) Regulations 1980 (which prescribe the forms in which applications for improvement and repairs grants must be made) to take account of the change from using rateable values to using council tax valuation bands as a means of imposing valuation limits above which applications for improvement and repairs grants in respect of certain houses will not be approved. (The change was made by the Council Tax (Amendment of Housing (Scotland) Act 1987) (Scotland) Regulations 1996 and the Housing (Valuation Bands for Improvement and Repairs Grants) (Scotland) Order 1996 (S.I. 1996/741)). These Regulations make appropriate amendments in the parts of the forms and the notes to them which were framed in terms of rateable values.

(1)

1987 c. 26: section 240 was amended by the Council Tax (Amendment of Housing (Scotland) Act 1987) (Scotland) Regulations 1996 (S.I. 1996/631); section 248(5) applies section 240 to repairs grants and is amended by the Housing (Scotland) Act 1988 (c. 43) Schedule 7, paragraph 14 and Schedule 8, paragraph 6 and by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) section 157(4); section 338(1) contains the definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

S.I. 1980/1647.