Search Legislation

Housing (Scotland) Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Chapter 1

 Help about opening options

Changes to legislation:

Housing (Scotland) Act 2006, Chapter 1 is up to date with all changes known to be in force on or before 24 June 2021. 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):

Chapter 1SHousing renewal areas

Designation of housing renewal areasS

1Housing renewal areas: criteriaS

A local authority may by order designate any locality in its area as a housing renewal area (“HRA”) if it considers—

(a)that a significant number of the houses in the locality are sub-standard, or

(b)that the appearance or state of repair of any houses in the locality is adversely affecting the amenity of that locality.

Commencement Information

I1S. 1 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

2Housing renewal areas: procedureS

(1)An order designating any locality as an HRA (an “HRA designation order”) must—

(a)set out the reasons for the designation by reference to section 1, and

(b)include—

(i)an HRA action plan, and

(ii)a map delineating the HRA.

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Schedule 1 makes further provision about the procedure for making HRA designation orders.

Textual Amendments

Commencement Information

I2S. 2 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

3HRA action plansS

(1)An HRA action plan is a strategy for securing an improvement in the condition and quality of housing in the HRA.

(2)Such a plan must—

(a)identify each house in the HRA which the local authority considers to be sub-standard and, in relation to each, specify whether the local authority considers that the house—

(i)ought to be closed or demolished under Part 6 (houses which fail tolerable standard or constitute obstructive buildings) of the 1987 Act,

(ii)requires to be demolished under section 29 (dangerous buildings) of the Building (Scotland) Act 2003 (asp 8),

(iii)is in a state of serious disrepair and ought to be demolished, or

(iv)ought to have work carried out in or in relation to it for the purposes of bringing it into, and keeping it in, a reasonable state of repair,

(b)identify any house in the HRA which ought to have work carried out in or in relation to it for the purposes of enhancing the amenity of the HRA,

(c)specify—

(i)any standard to which any demolition required by the plan is to be carried out (including any standard to which the site of the demolished house must be cleared),

(ii)the work which the plan requires to be carried out,

(iii)any standard which must be met on completion of that work, and

(iv)any step which the local authority requires to be taken in carrying out that work,

(d)describe the general effect of Part 15 (compensation payments) of the 1987 Act and Part 2 (scheme of assistance) of this Act in so far as they apply in relation to houses identified in the plan, and

(e)specify the period within which the local authority intends to secure the implementation of the plan.

(3)The work specified in an HRA action plan may include work which is intended to—

(a)improve the safety or security of any houses or persons,

(b)reduce the long-term costs of maintaining any houses, or

(c)enhance the amenity of any houses.

(4)An HRA action plan may also specify work which ought to be carried out in or in relation to any house in the HRA which is adjacent to, or otherwise associated with, any house identified in it.

Commencement Information

I3S. 3 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

4Variation of HRA designation orderS

(1)The local authority may, on the request of the owner of any house identified in an HRA action plan as a house in or in relation to which work ought to be carried out, vary an HRA designation order.

(2)The local authority must consult—

(a)the owner concerned, and

(b)any other person whom it considers likely to be affected by the proposed variation,

before deciding whether to vary an HRA designation order under subsection (1).

(3)A variation under subsection (1) may vary the HRA action plan only; and may do so only so far as it affects the house owned by the person who made the request.

(4)The local authority may, at any time, vary an HRA designation order in a way which it considers unlikely to adversely affect any person significantly.

(5)The local authority must give notice of any variation made under subsection (1) or (4) to—

(a)any person whom it considers likely to be affected by the variation, and

(b)such other persons as it thinks fit.

(6)The notice must—

(a)describe the general effect of the variation, and

(b)specify the places where, and the times at which, a copy of the HRA designation order as varied is to be made available under section 7.

Commencement Information

I4S. 4 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

5Revocation of HRA designation orderS

(1)The local authority must revoke an HRA designation order if it is—

(a)satisfied that the HRA action plan has been implemented, F2...

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The local authority mayF3... otherwise revoke an HRA designation order at any time if it is satisfied that there has been a change in circumstances which justifies such a revocation.

(3)Any work notice given for the purpose of implementing an HRA action plan is to cease to have effect on revocation of the HRA designation order which includes that plan.

(4)The local authority must give notice of a revocation under subsection F4... (2) to any person whom it considers likely to be affected by the revocation.

Textual Amendments

Commencement Information

I5S. 5 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

6Directions concerning identification of housing renewal areasS

(1)A local authority must comply with any directions given by the Scottish Ministers concerning identification of areas suitable to be designated as HRAs.

(2)A direction given for the purpose of subsection (1) may—

(a)be given generally, or

(b)make different provision for different cases and, in particular, for different areas, different localities, different types of local authority or in respect of any particular local authority or authorities.

(3)Such a direction may be varied or revoked at any time.

Commencement Information

I6S. 6 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

7Public access to HRA designation ordersS

(1)The local authority must make a copy of each HRA designation order in force for its area (including any variations) available for public inspection, free of charge.

(2)It is for the local authority to determine the form and manner in which, and the places where, a copy HRA designation order is made available; but in so doing the local authority must ensure that the copy order is made reasonably obtainable.

Commencement Information

I7S. 7 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Implementation of HRA action plansS

8Implementation: duties of local authorityS

(1)A local authority which has designated an HRA must take such steps as are reasonably practicable for the purposes of securing the implementation of the HRA action plan.

(2)Those steps must include—

(a)informing the owners and occupiers of houses identified in the HRA action plan about the way in which it intends to secure implementation of the plan, and

(b)from time to time, giving those owners and occupiers progress reports about the implementation of the plan.

Commencement Information

I8S. 8 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

9Duty to rehouse displaced residentsS

(1)This section applies where—

(a)a person is to be displaced permanently from any living accommodation as a result of the implementation of an HRA action plan, and

(b)that living accommodation was the only or main residence of that person on the day on which notice of the relevant HRA designation order was first given in accordance with schedule 1.

(2)Where this section applies the local authority must, if so requested by the person to be displaced, ensure—

(a)that the person is provided with suitable alternative living accommodation on reasonable terms, and

(b)in so far as practicable, that the living accommodation which is so provided is in, or within a reasonable distance of, the locality of the living accommodation from which the person is to be displaced.

(3)The reference in subsection (2) to suitable alternative living accommodation is a reference to living accommodation which is suitable for occupation by the person to be displaced and any other person whose only or main residence on the day referred to in subsection (1)(b) would, but for the location of that other person's place of work or of any educational institution which the person attends, have been the living accommodation concerned.

Commencement Information

I9S. 9 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

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 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 The Whole Act without Schedules as a PDF

The Whole Act without Schedules 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?

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