The Housing Grants (Minimum Percentage Grant) (Scotland) Regulations 2003

Scottish Statutory Instruments

2003 No. 462

HOUSING

The Housing Grants (Minimum Percentage Grant) (Scotland) Regulations 2003

Made

29th September 2003

Coming into force

1st October 2003

The Scottish Ministers, in exercise of the powers conferred by section 242(1A) of the Housing (Scotland) Act 1987(1) and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 242(1C) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Grants (Minimum Percentage Grant) (Scotland) Regulations 2003 and shall come into force on 1st October 2003.

(2) In these Regulations “the Act” means the Housing (Scotland) Act 1987.

Minimum percentage grant cases and the percentage of approved expense applying in each case

2.  In the case specified in column 1 of the Schedule to these Regulations, the amount for the purposes of section 242(1)(b)(ii) of the Act shall be that percentage of the approved expense which is specified in the corresponding entry in column 2 of that Schedule.

MARY MULLIGAN

Authorised to sign on behalf of the Scottish Ministers

St Andrew’s House, Edinburgh

29th September 2003

Regulation 2

SCHEDULE

Column 1	Column 2
Cases where minimum percentage grant applies	Percentage of approved expense
1.  Improvement grant, where improvement grant has the meaning assigned to it by section 236(1) of the Act, in respect of works–
(a) to bring a house up to tolerable standard, where tolerable standard has the meaning assigned to it by section 86 of the Act;	50%
(b) required in implementation of an improvement order made under section 88 of the Act;	50%
(c) to bring a house up to the standard specified by a local authority in a resolution passed under sections 90 or 91 of the Act;	50%
(d) to make a house suitable for a disabled occupant in terms of section 236(2)(a)(ii) of the Act;	50%
(e) to provide a standard amenity essential to the needs of a disabled occupant in terms of section 244(3) of the Act;	50%
(f) in relation to a building which comprises two or more separate houses– (i) to make improvements that will benefit two or more such houses; and (ii) where the cost of the improvements will be shared among the owners or occupiers of those houses.	50%
2.  Repairs grant, where repairs grant has the meaning assigned to it by section 248 of the Act, in respect of works–
(a) required in implementation of a repair notice served in terms of section 108 of the Act;	50%
(b) for the replacement in a different material of such pipes, cisterns, taps or other equipment used for the supply of water to a house as are wholly or partially made of lead;	50%
(c) intended to reduce the exposure to radon gas;	50%
(d) in relation to a building which comprises either two or more separate houses, or a house or houses and other separate premises– (i) to carry out repairs that will benefit either two or more such houses, or house or houses and other separate premises; and (ii) where the cost of the repairs will be shared among the owners or occupiers of those houses or other separate premises.	50%
3.  In relation to a grant for a means of escape from fire in a house in multiple occupation in respect of works specified in a notice served under section 162 of the Act.	20%

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify, in relation to improvement grants, repairs grants or grants for a means of escape from fire in houses in multiple occupation, the cases where a minimum percentage grant will be available and the actual percentage of the approved expense relating to each case which will lead to the calculation of the minimum percentage grant.

(1)

1987 c. 26; Section 242 was amended by the Housing (Scotland) Act 2001 (asp 10), section 101 and schedule 10, paragraph 13(25). Section 242 requires to be read with sections 248(5) and 249(6). Section 248(5) applies section 242 to repairs grant and was amended by the Housing (Scotland) Act 1988 (c. 43), Schedule 7, paragraph 14 and Schedule 8, paragraph 6 and by the Housing (Scotland) Act 2001 (asp 10), section 103. Section 249(6) applies section 242 to grants for means of escape from fire escapes for houses in multiple occupation and is amended by the Housing (Scotland) Act 1988 (c. 43), Schedule 7, paragraph 15 and Schedule 8, paragraph 7 and by the Housing (Scotland) Act 2001 (asp 10), section 104.