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Housing (Scotland) Act 2001

Section 94: Alteration of housing finance arrangements

142.This section enables the Scottish Ministers to change the housing finance arrangements of a local authority.

143.Where local authorities transfer ownership of their housing to another body, it will no longer be appropriate to retain the requirement on Ministers to estimate Housing Support Grant in respect of that authority. Similarly, if an authority’s housing stock is transferred there is no need for them to continue to operate a Housing Revenue Account (HRA) under the terms of section 203 of the 1987 Act. Subsections (1) and (2)therefore enable Ministers to disapply, by order, the relevant sections of the 1987 Act.

144.Subsection (3)establishes that, where a local authority holds land formerly held on the HRA, an order repealing the duty to keep a HRA under subsection (2) may also make provision about the holding of, and accounting for, such land. Subsection (4)directs that a local authority disposing of such land cannot do so for other than the best price reasonably obtainable, unless Ministers consent to alternative arrangements. Where such former HRA land is disposed of, subsections (5) and (6)allow for Ministers to direct that any receipt from the sale of the land be used to reduce any outstanding former HRA debt, or for some other housing related function.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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