Housing (Scotland) Act 2010

142 Pressured areas: amendments

(1) Section 61B of the Housing (Scotland) Act 1987 (c.26) is amended as follows—

(a) in subsection (1), for the words from the beginning to “authority’s” substitute “A local authority may designate any part of their”,

(b) after subsection (1) insert—

“(1A) A designation under subsection (1) may be made—

(a) generally in relation to all houses in the area designated which tenants have the right to purchase under section 61(1), or

(b) in relation to particular types of such houses only.

(1B) Where a designation relates only to a particular type of house in the area designated as a pressured area, the references in subsections (3), (4) and (7) to a house are to be read in connection with that designation as referring only to a house of that type.

(1C) A designation under subsection (1) has effect for such period, not exceeding 10 years, as the local authority may specify.”,

(c) subsection (2) is repealed,

(d) in subsection (5), after paragraph (a) insert—

“(aa) where the designation relates only to a particular type of house in the area designated as a pressured area, specify the type in question,”,

(e) in subsection (8), for the words from “Scottish” to “revocation” substitute “local authority at any time”,

(f) in subsection (9), for “proposal” substitute “designation”,

(g) in subsection (10), after second “area” insert “in relation to any type of house to which the designation relates”.

(2) Section 61C of the Housing (Scotland) Act 1987 (c.26) is amended as follows—

(a) subsections (1) and (2) are repealed,

(b) in subsection (3)—

(i) for “a proposal” substitute “, amending or revoking a designation”,

(ii) for “shall consult” substitute “shall—

(a) take such steps as are reasonable to publicise its proposal to make, amend or revoke the designation and its reasons for so proposing, and

(b) consult—”, and

(iii) old paragraphs (a) and (b) become sub-paragraphs (i) and (ii) of the new paragraph (b),

(c) after subsection (3) insert—

“(4) A local authority proposing to make, amend or revoke a designation under section 61B(1) must, before doing so, have regard to any guidance issued by the Scottish Ministers about—

(a) how and when they should do so,

(b) the information which they should take into account before doing so, and

(c) the terms of such designations.”.