Housing (Scotland) Act 2006

88Limitation on further grant and loan applications

This section has no associated Explanatory Notes

(1)Where an application for a grant or subsidised loan has been approved in respect of any work—

(a)a local authority must not approve a further grant or, as the case may be, subsidised loan in respect of the same work, but

(b)where an application for a grant has been approved, a local authority may approve an application for a standard loan in respect of the same work for an amount not exceeding the amount of the approved expense less the amount of the grant.

(2)Where an application for a grant or a subsidised loan has been approved in respect of any work, the local authority must not, within the period of 10 years beginning with the date on which the application was approved, approve a further application for a grant or subsidised loan in respect of the land on or premises in which the work is carried out unless it is satisfied that at least one of the conditions set out in subsection (3) applies.

(3)Those conditions are—

(a)that the need for the work to which the further application relates was not reasonably foreseeable when the original application was approved,

(b)that it would not have been reasonably practicable to carry out that work at the same time as the work to which the original application related,

(c)that the work to which the further application relates was not considered by the authority to be eligible for a grant or subsidised loan when the original application was approved,

(d)the application is made in response to an invitation made by the authority to the applicant under section 90(1).