Search Legislation

Housing (Scotland) Act 2001

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Paragraph 14

 Help about opening options

Alternative versions:

Changes to legislation:

Housing (Scotland) Act 2001, Paragraph 14 is up to date with all changes known to be in force on or before 15 August 2020. 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. 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.

View outstanding changes

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. 5(5A) inserted by 2003 asp 10 s. 5(4)(c) (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. 34(7A)-(7C) inserted by 2003 asp 10 s. 6(2) (This amendment not applied to legislation.gov.uk. S. 6 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
  • s. 34(8)(b) and words inserted by 2003 asp 10 s. 6(3)(b) (This amendment not applied to legislation.gov.uk. S. 6 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
  • s. 89(12) inserted by 2019 asp 10 s. 18(3)
  • sch. 6 para. 5A and cross-heading inserted by 2003 asp 10 s. 5(5) (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)

Housing (Scotland) Act 1988 (c.43)S

This section has no associated Explanatory Notes

14(1)The Housing (Scotland) Act 1988 is amended as follows.

(2)In section 1 (Scottish Homes)—

(a)subsections (1) and (2) are repealed,

(b)in subsection (3)—

(i)for “Scottish Homes”, in the first place where those words occur, substitute “ the Scottish Ministers ”,

(ii)paragraph (b) is repealed,

(iii)in paragraph (e), for “housing associations”, in each place where those words occur, substitute “ social landlords ”,

(iv)paragraph (g) is repealed.

(3)In section 2 (general functions of Scottish Homes)—

(a)subsection (1) is repealed,

(b)in subsection (2)—

(i)for the words from the beginning to “Scottish Homes” substitute “ For the purposes of the exercise of their general functions under section 1(3), the Scottish Ministers, so far as they do not otherwise have power to do so, ”,

(ii)in paragraph (h), for “it” substitute “ them ”,

(iii)in each of paragraphs (m) and (t), for “its” substitute “ their ”,

(iv)in each of paragraphs (s), (u) and (v), for “its general functions and powers” substitute “ their general functions under section 1(3) ”,

(v)in paragraph (t), for “it thinks” substitute “ they think ”,

(vi)in paragraph (u), for “it”, in the first place where it occurs, substitute “ them ”,

(vii)in paragraph (v), for “its”, in the first place where it occurs, substitute “ their ”,

(c)subsections (3) to (5), (7), (10) and (11) are repealed.

(4)Sections 2A to 8, 10 and 11 are repealed.

(5)In section 56 (right to acquire)—

(a)in subsection (1), the words “or Scottish Homes” are repealed,

(b)in subsection (3), paragraph (e) is repealed,

(c)in subsection (4), for the words “secure tenant” substitute “ tenant under a Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001 (asp 10) ”.

(6)In section 57 (persons by whom right may be exercised)—

(a)in subsection (1)—

(i)for “Scottish Homes” in the first place where those words occur substitute “ the Scottish Ministers ”,

(ii)the words “or by Scottish Homes” and “(other than Scottish Homes)” are repealed,

(b)in subsection (3), for “Scottish Homes” substitute “ the Scottish Ministers ”.

(7)In section 58 (application to exercise right and offer to sell)—

(a)in subsection (1), the words “or, as the case may be, Scottish Homes” are repealed,

(b)in subsection (2), at the end insert “ and a person living with the tenant or joint tenant in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex ”,

(c)in subsection (3), for the words from “on Scottish Homes” to the end substitute “ the Scottish Ministers ”,

(d)in subsection (7)(c), the words “Scottish Homes or” are repealed,

(e)in subsection (8)(a), the words “Scottish Homes or” in both places where they occur are repealed.

(8)In section 63 (consent for subsequent disposal)—

(a)in subsection (1)—

(i)the words “other than Scottish Homes” are repealed,

(ii)for “Scottish Homes” in the second place where those words occur substitute “ the Scottish Ministers ”,

(b)in subsection (2A)—

(i)for “Scottish Homes” substitute “ the Scottish Ministers ”,

(ii)for “itself” substitute “ themselves ”,

(c)in subsection (3), for the words from “Scottish Homes” to “dispositions)” substitute “ the Scottish Ministers under section 66 of the Housing (Scotland) Act 2001 (asp 10) (consent for disposal by registered social landlord) ”.

(9)In section 65 (cost floor limit on discount on price of house purchased by secure tenant), subsection (5) is repealed.

(10)Schedule 1 is repealed.

(11)In Schedule 2 (consequential amendments), paragraphs 2, 3(a), 4, 6 and 14 are repealed.

(12)In Schedule 4 (tenancies which cannot be assured tenancies)—

(a)in paragraph 11—

(i)sub-paragraphs (b) to (d) are repealed,

(ii)after sub-paragraph (e) insert—

(ea)a registered social landlord within the meaning of the Housing (Scotland) Act 2001 (asp 10);,

(iii)sub-paragraph (f) is repealed,

(b)after paragraph 11 insert—

11AAccommodation for offenders

11AA tenancy granted, for a term of less than 6 months, to a person—

(a)who is under supervision in pursuance of the functions of a local authority under paragraph (b)(i), (ii) or (vi) of subsection (1) of section 27 (supervision and care of persons on probation, released from prison etc.) of the Social Work (Scotland) Act 1968 (c.49), or

(b)who has requested, in accordance with paragraph (c) of that subsection, the provision of advice, guidance or assistance by a local authority in pursuance of the authority’s functions under that paragraph.,

(c)in paragraph 12, for “the Housing Associations Act 1985” substitute “ section 83(3) of the Housing (Scotland) Act 2001 (asp 10) ”.

(13)In Part III (suitable alternative accommodation) of Schedule 5 (grounds for possession of houses let on assured tenancies)—

(a)in paragraph 1—

(i)the words “or, in any case, of Scottish Homes” are repealed,

(ii)for “, the Corporation or, as the case may be, Scottish Homes,” substitute “ or the Corporation, ”,

(b)in paragraph 3—

(i)in sub-paragraph (1)(a), the words “or by Scottish Homes” are repealed,

(ii)in sub-paragraph (2), the words “or of Scottish Homes” are repealed,

(c)in paragraph 5, the words “or of Scottish Homes” are repealed,

(d)in paragraph 6, for “, development corporations and Scottish Homes” substitute “ and development corporations ”.

(14)In Schedule 7 (amendments of Housing (Scotland) Act 1987 connected with consolidation), paragraphs 1 and 2 are repealed.

(15)In Schedule 9 (consequential amendments), paragraphs 6, 8 to 10 and 21 are repealed.

Commencement Information

I1Sch. 10 para. 14 partly in force; Sch. 10 para. 14 not in force at Royal Assent see s. 113;

para. 14(5)(a)(6)-(8)(12)(c) wholly in force and para. 14(11)(15) in force for specified purposes at 1.11.2001 by S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(a)(b));

para. 14(2)-(4)(10) in force at 1.11.2001 by S.S.I. 2001/397, art. 2(2), Sch. (subject to transitional provisions in arts. 3-6);

para. 14 (5)(c)(9)(12)(14)(15) in force at 30.9.2002 by S.S.I. 2002/321, {art. 2,} Sch. (subject to transitional provisions and savings in arts.3-5) (as amended by S.S.I. 2002/433, art. 3(2))

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?

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

Explanatory Notes

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.

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 enacted version 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