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Housing (Scotland) Act 1987

1987 CHAPTER 26

An Act to consolidate with amendments to give effect to recommendations of the Scottish Law Commission, certain enactments relating to housing in Scotland.

15th May 1987]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1Act (right to buy provisions) modified (13.3.1992) by S.I. 1992/325, regs.3, 5, 7, Sch. 1.

Act (right to buy provisions) excluded (27.9.1993) by S.I. 1993/2164, reg. 5.

Act (right to buy provisions) extended (27.9.1993) by S.I. 1993/2164, reg. 7.

C2A table showing the derivation of the provisions of this consolidation Bill will be found at the end of the Bill. The table has no official status.

C3Act: definition of "local authority" applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), ss. 14(1)(b), 23(1), Sch. 5 para.1; S.I. 1991/2508, art.2

C4Act applied (with modifications) (temp. from 30.9.2002) by S.S.I. 2002/318, art. 4(1)(2)

PART IS PROVISION OF HOUSING

Modifications etc. (not altering text)

C5Pt. I (ss. 1-23) restricted (19.8.1996) by 1996 c. 49, s. 9; S.I. 1996/2127, art. 2, Sch. Pt. I

C6Pt. I modified (1.12.2014 for specified purposes, 1.2.2016 for E. in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 3 para. 2(4); S.I. 2014/2771, art. 6(1)(m); S.I. 2016/11, art. 2(m)

Duties and powers of local authoritiesS

1 Duty of local authority to consider needs of their area for further housing accommodation.S

(1)Every local authority shall consider the housing conditions in their area and the needs of the area for further housing accommodation.

(2)For that purpose they shall review any information which has been brought to their notice, including in particular information brought to their notice as a result of a survey or inspections made under section (3).

(3)If the Secretary of State gives them notice to do so, they shall, within 3 months after such notice, prepare and submit to him proposals for the provision of housing accommodation.

(4)In considering the needs of their area for further housing accommodation under subsection (1), every local authority shall have regard to the special needs of chronically sick or disabled persons; and any proposals prepared and submitted to the Secretary of State under subsection (3) shall distinguish any houses which they propose to provide which make special provision for the needs of such persons.

2 Powers of local authority to provide housing accommodation.S

(1)A local authority may provide housing accommodation—

(a)by the erection of houses on any land acquired or appropriated by them;

(b)by the conversion of any buildings into houses;

(c)by acquiring houses;

(d)by altering, enlarging, repairing or improving any houses or other buildings which have, or a right or interest in which has, been acquired by the local authority.

(2)For the purpose of supplying the needs for housing accommodation in its area, a local authority may exercise any of its powers under subsection (1) outside that area.

(3)A local authority may alter, enlarge, repair or improve any house provided by them under subsection (1).

(4)For the purposes of this Part the provision of housing accommodation includes the provision of—

(a)a cottage with a garden of not more than one acre;

(b)a hostel.

(5)In this section “hostel” means—

(a)in relation to a building provided or converted before 3 July 1962, a building in which is provided, for persons generally or for any class or classes of persons, residential accommodation (otherwise than in separate and self-contained dwellings) and board;

(b)in relation to a building provided or converted on or after 3 July 1962, a building in which is provided, for persons generally or for any class or classes of persons, residential accommodation (otherwise than in houses) and either board or common facilities for the preparation of food adequate to the needs of those persons or both.

[F1(6)Nothing in this Act shall be taken to require (or to have at any time required) a local authority itself to acquire or hold any houses or other land for the purposes of this Part.]

3 Power of local authority to provide shops, etc., in connection with housing accommodation.S

(1)Subject to the provisions of this section, a local authority may provide and maintain—

(a)any building adapted for use as a shop;

(b)any recreation grounds;

(c)such other buildings or land as are referred to in subsection (2),

in connection with housing accommodation provided by them under this Part.

(2)The buildings or land referred to in subsection (1)(c) are buildings or land which in the opinion of the Secretary of State will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.

(3)The provision and maintenance of any building or land under this section—

(a)requires the consent of the Secretary of State;

(b)may be undertaken jointly with any other person.

(4)The Secretary of State may, in giving his consent to the provision of any building or land under this section, by order apply, with any necessary modifications, to that building or land any statutory provisions which would have been applicable to it if the building or land had been provided under any enactment giving any local authority powers for that purpose.

4 Power of local authority to provide furniture, etc.S

(1)A local authority—

(a)may fit out, furnish and supply any house erected, converted or acquired by them under section 2 with all requisite furniture, fittings and conveniences;

(b)shall have power to sell, or to supply under a hire-purchase agreement, furniture to the occupants of houses provided by the local authority and, for that purpose, to buy furniture.

(2)In this section “hire-purchase agreement” means a hire-purchase or conditional sale agreement within the meaning of the M1Consumer Credit Act 1974.

Marginal Citations

5 Power of local authority to provide board and laundry facilities.S

(1)The power of a local authority under this Part to provide housing accommodation shall include power to provide, in connection with the provision of such accommodation for any persons, such facilities for obtaining meals and such laundry facilities and services as accord with the needs of those persons.

(2)A local authority may make such reasonable charges for meals provided by them by virtue of this section, and such reasonable charges to persons availing themselves of laundry facilities or services so provided, as the authority may determine.

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F35A Power of local authority to provide welfare services.S

(1)A local authority may provide in connection with housing accommodation provided by them (whether or not under this Part) such welfare services, that is to say services for promoting the welfare of the persons for whom the accommodation is so provided, as accord with the needs of those persons.

(2)The local authority may make reasonable charges for welfare services provided by virtue of this section.

(3)Notwithstanding the provisions of section 203, a local authority may attribute the income from and the expenditure on the welfare services provided under subsection (1) to a revenue account other than their housing revenue account.

(4)In this section “welfare services” does not include the repair, maintenance, supervision or management of houses or other property.

(5)The powers conferred by this section shall not be regarded as restricting those conferred by section 83 of the Local Government (Scotland) Act 1973 (power to incur expenditure for purposes not otherwise authorised) and accordingly the reference in subsection (1) of that section to any other enactment shall not include a reference to this section.]

Textual Amendments

F3S. 5A inserted (retrospectively) by 1993 c. 28, ss. 149, 188(2)(b).

[F45B Power to repeal provisions relating to welfare services.S

(1)The Secretary of State may at any time by order made by statutory instrument provide that, on such day or in relation to such periods as may be appointed by the order, section 5A, this section and paragraph 4A of Schedule 15 shall—

(a)cease to have effect; or

(b)cease to apply for such purposes as may be specified in the order.

(2)An order under this section may—

(a)appoint different days or periods for different provisions or purposes or for different authorities or descriptions of authority; and

(b)contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.]

Textual Amendments

F4S. 5B inserted (20.7.1993) by 1993 c. 28, ss. 151, 188(2)(b).

6 Duty of local authority to have regard to amenities of locality, etc.S

(1)A local authority, in preparing any proposals for the provision of houses or in taking any action under this Act, shall have regard to artistic quality in the lay-out, planning and treatment of the houses to be provided, the beauty of the landscape or countryside and the other amenities of the locality, and the desirability of preserving existing works of architectural, historic or artistic interest.

(2)For their better advice in carrying out the requirements of subsection (1), a local authority may appoint a local advisory committee including representatives of architectural and other artistic interests.

7 Execution of works by local authority in connection with housing operations outside their area.S

Where any housing operations under this Part are being carried out by a local authority outside their own area, that authority shall have power to execute any works which are necessary for the purposes, or are incidental to the carrying out, of the operations, subject to entering into an agreement with the local authority of the area in which the operations are being carried out as to the terms and conditions on which any such works are to be executed.

8 Adjustment of differences between local authorities as to carrying out of proposals for provision of housing accommodation.S

Where a local authority are providing houses in the area of another local authority, any difference arising between those authorities with respect to the carrying out of the proposals may be referred by either authority to the Secretary of State, and the Secretary of State’s decision shall be final and binding on the authorities.

Acquisition and disposal of landS

9 Power of local authority to acquire land for, or in connection with, provision of housing accommodation.S

(1)A local authority may acquire—

(a)any land as a site for the erection of houses;

(b)land proposed to be used for any purpose authorised by section 3 or section 5;

(c)subject to subsection (2),

(i)houses, and

(ii)buildings other than houses, being buildings which may be made suitable as houses,

together with any lands occupied with the houses or buildings, or any right or interest in the houses or buildings;

(d)land for the purposes of—

(i)selling or leasing the land under the powers conferred by this Act, with a view to the erection on the land of houses by persons other than the local authority;

(ii)selling or leasing, under the powers conferred by this Act, any part of the land acquired, with a view to the use of that land for purposes which in the opinion of the local authority are necessary or desirable for, or incidental to, the development of the land as a building estate;

(iii)carrying out on the land works for the purpose of, or connected with, the alteration, enlargement, repair or improvement of an adjoining house;

(iv)selling or leasing the land under the powers conferred by this Act, with a view to the carrying out on the land by a person other than the local authority of such works as are mentioned in sub-paragraph (iii).

(2)Nothing in subsection (1)(c) shall authorise a local authority to acquire otherwise than by agreement any house or other building which is situated on land used for agriculture, and which is required in connection with that use of that land.

10 Procedure for acquiring land.S

(1)Land for the purposes of this Part may be acquired by a local authority by agreement under section 70 of the M2Local Government (Scotland) Act 1973.

(2)A local authority may be authorised by the Secretary of State to purchase land compulsorily for the purposes of this Part, and the M3Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to any such compulsory purchase as if this Act had been in force immediately before the commencement of that Act.

(3)A local authority may acquire land by agreement, or may be authorised by the Secretary of State to purchase land compulsorily, for the purposes of this Part, notwithstanding that the land is not immediately required for those purposes.

(4)Where land is purchased compulsorily by a local authority for the purposes of this Part, the compensation payable in respect thereof shall be assessed by the Lands Tribunal in accordance with the M4Land Compensation (Scotland) Act 1963, subject to the rules set out in Schedule I.

Marginal Citations

11 Local authority may take possession of land to be acquired by agreement or appropriated for purposes of this Part.S

(1)Where a local authority have agreed to purchase, or have determined to appropriate, land for the purposes of this Part, subject to the interest of the person in possession of the land, and that interest is not greater than that of a tenant for a year or from year to year, then, at any time after such agreement has been made, or such appropriation takes effect, the authority may, after giving to the person in possession not less than 14 days’ notice and subject to subsection (2), enter on and take possession of the land or such part of it as is specified in the notice without previous consent.

(2)The powers conferred by subsection (1) are exercisable subject to payment to the person in possession of the like compensation and interest on the compensation awarded, as if the authority had been authorised to purchase the land compulsorily and that person had in pursuance of such power been required to give up possession before the expiration of his term or interest in the land, but without the necessity of compliance with sections 83 to 88 of the M5Lands Clauses Consolidation (Scotland) Act 1845.

Marginal Citations

12Powers of dealing with land acquired or appropriated for purposes of this Part.S

(1)Where a local authority have acquired or appropriated any land for the purposes of this Part, then, without prejudice to any of their other powers under this Act, the authority may—

(a)lay out and construct roads and open spaces on the land;

(b)subject to subsection (5), sell or lease the land or part of the land to any person under the condition that that person will erect on it in accordance with plans approved by the local authority, and maintain, such number of houses of such types as may be specified by the authority, and when necessary will lay out and construct public streets or roads and open spaces on the land, or will use the land for purposes which, in the opinion of the authority, are necessary or desirable for, or incidental to, the development of the land as a building estate in accordance with plans approved by the authority;

(c)subject to [F5subsections (5) and (7)], sell or lease the land or excamb it for land better adapted for those purposes, either with or without paying or receiving any money for equality of exchange;

(d)subject to subsections (5) and (7), sell or lease any houses or any part share thereof on the land or erected by them on the land, subject to such conditions, restrictions and stipulations as they may think fit to impose in regard to the use of the houses or any part share thereof, and on any such sale they may agree to the price being secured by standard security over the subjects sold.

(2)Where a local authority sell or lease land under subsection (1), they may contribute or agree to contribute towards the expenses of the development of the land and the laying out and construction of roads on the land, subject to the condition that the roads are dedicated to the public use.

(3)Where a local authority have acquired a building which may be made suitable as a house, or a right or interest in such a building, they shall forthwith proceed to secure that it is so made suitable either by themselves executing any necessary work or by selling or leasing it to some person subject to conditions for securing that he will so make it suitable.

(4)Where a local authority acquire any land for the purposes of section 9(1)(d)(iv), they may, subject to subsection (5), sell or lease the land to any person for the purpose and under the condition that that person will carry out on the land, in accordance with plans approved by the authority, the works with a view to the carrying out of which the land was acquired.

(5)A local authority shall not, in the exercise of their powers under subsection (1)(b), (c) or (d), or subsection (4), dispose of land which consists or forms part of a common or open space or is held for use as allotments, except with the consent of the Secretary of State.

(6)For the purposes of subsection (5), the consent of the Secretary of State may be given either generally to all local authorities, or to any class of local authorities, or may be given specifically in any particular case, and (whether given generally or otherwise) may be given either unconditionally or subject to such conditions as the Secretary of State may consider appropriate.

(7)Notwithstanding anything in section 27(1) of the M6Town and Country Planning (Scotland) Act 1959 (power of local and other public authority to dispose of land without consent of a Minister), a local authority shall not, in the exercise of their powers under subsection [F6(1)(c) or (d)], sell or lease any [F7land, house or part share thereof] to which the housing revenue account kept under section 203 relates except with the consent of the Secretary of State unless [F8, in the case of a house, it is one] to which section 14 applies; and, in giving his consent to such transactions as are referred to in this subsection, the Secretary of State may make general directions or a direction related to a specific transaction.

(8)Subsection (7) shall not apply [F9, in the case of a house,] where—

(a)the house is being sold to a tenant or to a member of his family who normally resides with him (or to a tenant together with members of his family, as joint purchasers); or

(b)the requirements of section 14(2)(b) are satisfied.

(9)Subject to the provisions of the Town and Country Planning (Scotland) Act 1959, section 74 of the M7Local Government (Scotland) Act 1973 (which makes provision as to price and other matters relating to the disposal of land by local authorities) shall, subject to subsection (10), apply to any disposal of land by a local authority in the exercise of their powers under subsection (4), as it applies to the like disposal of land by a local authority within the meaning of the said Act of 1973 in the exercise of any power under Part VI of that Act.

(10)The said section 74 shall not apply to the disposal of a house by a local authority, being a disposal in relation to which subsection (7) has effect.

(11)For the purposes of this section land shall be taken to have been acquired by a local authority in the exercise (directly or indirectly) of compulsory powers if it was acquired by them compulsorily or was acquired by them by agreement at a time when they were authorised by or under any enactment to acquire the land compulsorily; but the land shall not be taken to have been so acquired, if the local authority acquired it (whether compulsorily or by agreement) in consequence of the service in pursuance of any enactment (including any enactment contained in this Act) of a notice requiring the authority to purchase the land.

F1012A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F10S. 12A repealed (19.12.2001) by 2001 asp 10, s. 76(1), Sch. 10 para. 13(2); S.S.I. 2001/467, art. 2(2), Sch. Table (subject to art. 3)

13 Power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses, etc.S

[F11(1)]If any house, building, [F12or land] in respect of which a local authority are required by section 203 to keep a housing revenue account is sold by the authority with the consent of the Secretary of State, the Secretary of State may in giving consent impose such conditions as he thinks just.

[F13(2)The matters to which the Secretary of State may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—

(a)the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “the intending purchaser”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local auth-ority making the disposal or any members or officers of that authority;

(b)the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accomodation let on tenancies or subject to licences;

(c)the terms of the proposed disposal; and

(d)any other matters whatsoever which he considers relevant.

(3)Where the Secretary of State gives consent to a disposal by a local authority, he may give directions as to the purpose for which any capital money received by the authority in respect of the disposal is to be applied and, where any such directions are given, nothing in any enactment shall require his consent to be given for the application of the capital money concerned in accordance with the directions.]

Textual Amendments

F11S. 13 renumbered as s. 13(1) as provided by Housing Act 1988 (c. 50, SIF 61), s. 132(3)

F13S. 13(2)(3) inserted as provide by Housing Act 1988 (c. 50, SIF 61), s. 132(3)

14 Powers of local authorities to sell certain houses without consent of Secretary of State.S

(1)Subject to section 74(2) of the M8Local Government (Scotland) Act 1973 (restriction on disposal of land) but notwithstanding anything contained in section 12(6) or in any other enactment, a local authority may sell any house to which this section applies without the consent of the Secretary of State.

(2)This section applies to a house provided for the purposes of this Part, where—

(a)the house is being sold to a tenant or to members of his family who normally reside with him (or to a tenant together with such members of his family, as joint purchasers) [F14or, in pursuance of [F15Part 11 of the Housing (Scotland) Act 2010 (asp 17)] (change of landlord)]; or

(b)the house is unoccupied and—

(i)it is not held on the housing revenue account maintained in terms of section 203; or

(ii)it is held on the housing revenue account and it is, in the opinion of the local authority, either surplus to its requirements or difficult to let, because it has been continuously vacant for a period of not less than 3 months immediately prior to the date of the sale and during that period it has been on unrestricted offer to any applicant on the local authority’s housing list (within the meaning of section 19 (admission to housing list)).

Textual Amendments

F15Words in s. 14(2)(a) substituted (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 3(3); S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

Marginal Citations

15 Power of local authority to enforce obligations against owner for time being of land.S

(1)Where—

(a)a local authority have sold or excambed land acquired by them under this Act, and the purchaser of the land or the person taking the land in exchange has entered into an agreement with the authority concerning the land; or

(b)an owner of any land has entered into an agreement with the local authority concerning the land for the purposes of any of the provisions of this Act;

then, if the agreement has been recorded in the General Register of Sasines, or, as the case may be, registered in the Land Register for Scotland, it shall, subject to subsection (2), be enforceable at the instance of the local authority against persons deriving title from the person who entered into the agreement.

(2)No such agreement shall at any time be enforceable against any party who has in good faith onerously acquired right (whether completed by infeftment or not) to the land prior to the recording of the agreement or against any person deriving title from such party.

16 Disposal of land for erection of churches, etc.S

Where a local authority, in the exercise of any power conferred on them by this Act, dispose of land to any person for the erection of a church or other building for religious worship or buildings ancillary thereto, then, unless the parties otherwise agree, such disposal shall be by way of [F16disposition].

Textual Amendments

Management and allocation of local authority’s housesS

17 General management and inspection of local authority’s houses.S

(1)The general management, regulation and control of houses held for housing purposes by a local authority shall be vested in F17. . . the authority.

(2)A house held for housing purposes by a local authority shall be at all times open to inspection by the local authority for the area in which it is situated or by any officer duly authorised by them.

Textual Amendments

F17Words in s. 17(1) repealed (27.9.1993) by 1993 c. 28, ss. 157(1), 187(2), Sch. 22; S.I. 1993/2163, art. 2, Sch. 1.

[F18 Standards and performance in housing management]S

Textual Amendments

F18Crossheading for ss. 17A-17C inserted (1.4.1994) by 1993 c. 28, s. 153; S.I. 1993/2163, art. 2, Sch. 2.

F1917A Publication of information.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19S. 17A repealed (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 3(2); S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

F2017B Power of Secretary of State to direct local authority.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20S. 17B repealed (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 3(2); S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

F21[17C Management plan.S

A local authority shall, if the Secretary of State gives them notice to do so, prepare and submit to him within 3 months after such notice, a plan for the management of the houses which they hold for housing purposes.]

Textual Amendments

F21Ss. 17A-17C inserted (1.4.1994) by 1993 c. 28, s. 153; S.I. 1993/2163, art. 2, Sch. 2.

18 Byelaws for regulation of local authority’s houses.S

A local authority may make byelaws for the management, use and regulation of houses held by them for housing purposes.

[F2219 Admission to housing listS

(1)An applicant for housing held by a [F23social landlord] is entitled to be admitted to a housing list unless the applicant is under 16 years of age.

(2)In this section, “housing list” means a list of applicants for housing which is kept by any [F24social landlord] or jointly by or on behalf of any two or more [F25social landlords] in connection with the allocation of housing held by it or them for housing purposes.

[F26(3)In this Part, “social landlord” means any local authority or any registered social landlord.]]

Textual Amendments

F22S. 19 substituted (1.4.2002) by 2001 asp 10, s. 9; S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

20 Persons to have priority on housing list and allocation of housing.S

[F27(1)A social landlord must, in relation to all houses held by it for housing purposes, secure that in the selection of its tenants a reasonable preference is given to the persons mentioned in subsection (1ZA).

(1ZA)The persons are—

(a)persons who—

(i)subject to subsection (1A), are homeless persons and persons threatened with homelessness (within the meaning of Part 2), and

(ii)have unmet housing needs,

(b)persons who—

(i)are living under unsatisfactory housing conditions, and

(ii)have unmet housing needs, and

(c)tenants of houses which—

(i)are held by a social landlord, and

(ii)the social landlord selecting its tenants considers to be under-occupied.

(1ZB)For the purposes of subsection (1ZA), persons have unmet housing needs where the social landlord considers the persons to have housing needs which are not capable of being met by housing options which are available.]

[F28(1A)Homeless persons and persons threatened with homelessness (within the meaning of Part 2) are to be disregarded for the purposes of subsection (1) if they would not be such persons without the local authority having had regard to a restricted person (also within the meaning of Part 2).]

(2)In the allocation of [F29[F30such] housing] [F29housing falling within subsection (1)] a [F31social landlord]

(a)shall take no account of—

(i)the length of time for which an applicant has resided in its area; or

(ii)any outstanding liability (for payment of rent or otherwise) attributable to the tenancy of any house of which the applicant is not, and was not when the liability accrued, a tenant; or

[F32(iii)[F33except to the extent permitted by section 20B,] any liability (for payment of rent or otherwise) of the applicant which is attributable to the applicant’s tenancy of a house but which is no longer outstanding; or

(iv)any such liability which is outstanding but in respect of which subsection (2A) is satisfied; or

(v)any outstanding liability of the applicant or of any person who it is proposed will reside with the applicant which is not attributable to the tenancy of a house; or

(vi)except to the extent permitted by subsection (2B), the age of the applicant provided that the applicant has attained the age of 16 years; or

(vii)the income of the applicant and his family; or

[F34(viii)where any of the circumstances in subsection (2C) apply to that person, the ownership of, or value of, heritable property owned by—

(A)the applicant,

(B)a person who normally resides with the applicant, or

(C)a person who it is proposed will reside with the applicant.]]

[F35(aa)shall take no account of whether an applicant is resident in their area if the applicant—

(i)is employed, or has been offered employment, in the area; or

(ii)wishes to move into the area and they are satisfied that his purpose in doing so is to seek employment; or

(iii)wishes to move into the area to be near a relative or carer; or

(iv)has special social or medical reasons for requiring to be housed within the area; or

(v)is subject to conduct amounting to harassment (“conduct” and “harassment” being construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40)) and wishes to move into the area; or

(vi)runs the risk of domestic [F36abuse] (within the meaning of section 33(3)) and wishes to move into the area; and]

(b)shall not impose a requirement—

(i)[F37except to the extent permitted by section 20B,] that an application must have remained in force for a minimum period; or

(ii)that a divorce or judicial separation be obtained; or

[F38(iia)that a dissolution of a civil partnership or a decree of separation of civil partners be obtained, or]

(iii)that the applicant no longer be living with, or in the same house as, some other person,

before the applicant is eligible for the allocation of housing.

[F39(2A)This subsection is satisfied in respect of an outstanding liability where—

(a)the amount of the outstanding liability is not more than one twelfth of the annual amount payable (or which was payable) by the applicant to the landlord in respect of the tenancy in question; or

(b)the applicant—

(i)has agreed with the landlord an arrangement for paying the outstanding liability;

(ii)has made payments in accordance with that arrangement for at least three months; and

(iii)is continuing to make such payments.

(2B)A local authority and a registered social landlord may take into account the age of applicants in the allocation of—

(a)houses which have been designed or substantially adapted for occupation by persons of a particular age group;

(b)houses to persons who are or are to be in receipt of housing support services (within the meaning of section 91 of the Housing (Scotland) Act 2001 (asp 10)) for persons of a particular age group.]

[F40(2C)The circumstances are that—

(a)in the case of a property which has not been let, the owner cannot secure entry to that property,

(b)it is probable that occupation of the property will lead to abuse (within the meaning of the Protection from Abuse (Scotland) Act 2001 (asp 14)) from some other person residing in that property,

(c)it is probable that occupation of it will lead to abuse (within the meaning of that Act) from some other person who previously resided with that person, whether in that property or elsewhere,

(d)occupation of the property may endanger the health of the occupants and there are no reasonable steps which can be taken by the applicant to prevent that danger.]

[F41(3)A member of a local authority shall be excluded from a decision on the allocation of local authority housing, or of housing in respect of which the local authority may nominate the tenant, where—

(a)the house in question is situated; or

(b)the applicant for the house in question resides,

in the electoral division or ward for which that member is elected.]

[F42(4)In the application of this section to registered social landlords, any reference to their area means the local authority area or areas, or the part of that area or those areas, in which the registered social landlord holds houses for housing purposes.]

Textual Amendments

F27S. 20(1)-(1ZB) substituted for s. 20(1) (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 3, 104(3); S.S.I. 2018/153, art. 2, sch. (with art. 9)

F28S. 20(1A) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 10(3); S.I. 2009/415, art. 3

F29Words in s. 20(2) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 10(4); S.I. 2009/415, art. 3

F30Words in s. 20(2) substituted (1.4.2002) by 2001 asp 10, s. 10(3)(a); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

F32S. 20(2)(a)(iii)-(viii) substituted for s. 20(2)(a)(iii) (1.4.2002) by 2001 asp 10, s. 10(3)(c); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

F33Words in s. 20(2)(a)(iii) inserted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 6(1)(a), 104(3); S.S.I. 2018/153, art. 2, sch. (with art. 9)

F34S. 20(2)(a)(viii) substituted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 5(1), 104(3); S.S.I. 2018/153, art. 2, sch. (with art. 9)

F35S. 20(2)(aa) inserted (1.4.2002) by 2001 asp 10, s. 10(3)(d); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

F36Word in s. 20(2)(aa)(vi) substituted (30.1.2004) by Homelessness etc. (Scotland) Act 2003 (asp 10), ss. 10(1), 14(1); S.S.I. 2003/609, art. 2

F37Words in s. 20(2)(b)(i) inserted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 6(1)(b), 104(3); S.S.I. 2018/153, art. 2, sch. (with art. 9)

F39S. 20(2A)(2B) inserted (1.4.2002) by 2001 asp 10, s. 10(4); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

F41S. 20(3) added (27.9.1993) by 1993 c. 28, s. 154; S.I. 1993/2163, art. 2 Sch. 1.

F42S. 20(4) inserted (1.4.2002) by 2001 asp 10, s. 10(5); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

[F4320ARules on priority of allocation of housing: consultationS

(1)Before making or altering its rules governing the priority of allocation of houses, a social landlord must—

(a)consult the persons mentioned in subsection (2), and

(b)prepare and publish a report on the consultation.

(2)The persons are—

(a)applicants on its housing list (within the meaning of section 19),

(b)tenants of the landlord,

(c)bodies for the time being registered in the register of tenant organisations maintained by the landlord under section 53(3) of the Housing (Scotland) Act 2001 (asp 10), and

(d)such other persons as the landlord thinks fit.

(3)A social landlord may publish a consultation report mentioned in subsection (1)(b) in such manner as it thinks fit (and may in particular publish a joint report with any other social landlord).]

Textual Amendments

[F4420BDetermination of minimum period for application to remain in forceS

(1)A social landlord may impose a requirement that an application must have remained in force for a minimum period before the applicant is eligible for the allocation of housing falling within section 20(1) if, before making that application, any of the circumstances mentioned—

(a)in subsection (6) applied in relation to the applicant, or

(b)in paragraphs (a) to (g) of subsection (6) applied in relation to a person who it is proposed will reside with the applicant.

(2)But a social landlord may not impose a requirement under subsection (1) if the landlord—

(a)in relation to the same application has previously relied on the same circumstance as it applied to an applicant or a person who it is proposed will reside with the applicant to impose a requirement under subsection (1), or

(b)is a local authority and has a duty to the applicant under section 31(2) (duty to secure accommodation where applicant is homeless).

(3)In considering whether to impose a requirement under subsection (1), a social landlord must have regard to any guidance about this section (including the matters mentioned in subsection (5)) published by the Scottish Ministers.

(4)Before publishing any guidance mentioned in subsection (3), the Scottish Ministers must consult such persons as they consider appropriate.

(5)The Scottish Ministers may by regulations prescribe—

(a)the maximum period preceding the application which a social landlord may consider in relation to any circumstances mentioned in subsection (6),

(b)the maximum period for an application to have remained in force which a social landlord may impose in relation to any circumstances mentioned in subsection (6), and such regulations may make different provision for different cases.

(6)The circumstances are—

(a)the person has—

(i)acted in an antisocial manner in relation to another person residing in, visiting or otherwise engaged in lawful activity in the locality of a house occupied by the person,

(ii)pursued a course of conduct amounting to harassment of such other person, or a course of conduct which is otherwise antisocial conduct in relation to such other person, or

(iii)acted in an antisocial manner, or pursued a course of conduct which is antisocial conduct, in relation to an employee of the social landlord in the course of making the application,

(b)the person has been, or has resided with a person who has been, convicted of—

(i)using a house or allowing it to be used for immoral or illegal purposes, or

(ii)an offence punishable by imprisonment which was committed in, or in the locality of, a house occupied by the person,

(c)an order for recovery of possession has been made against the person in proceedings under—

(i)the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118),

(ii)the Housing Act 1985 (c.68),

(iii)this Act,

(iv)the Housing (Scotland) Act 1988 (c.43),

(v)the Housing (Scotland) Act 2001 (asp 10),

[F45(ca)an eviction order within the meaning of the Private Housing (Tenancies) (Scotland) Act 2016 has been issued against the person,]

(d)the person's tenancy has been terminated by the landlord under section 18(2) of the Housing (Scotland) Act 2001 (repossession where abandoned tenancy),

(e)the person's interest in a tenancy has been terminated by the landlord under section 20(3) of the Housing (Scotland) Act 2001 (abandonment by joint tenant),

(f)in relation to a house where the person was a tenant, a court has ordered recovery of possession on the ground set out in paragraph 3 or 4 of schedule 2 to the Housing (Scotland) Act 2001,

(g)there is or was any outstanding liability (for payment of rent or otherwise) in relation to a house which—

(i)is attributable to the person's tenancy of the house, and

(ii)either—

(A)section 20(2A) would not be satisfied in respect of that debt, or

(B)in the case of a debt which is no longer outstanding, section 20(2A) would not have been satisfied at any time while that debt remained outstanding,

(h)the person knowingly or recklessly made a false statement in any application for housing held by a social landlord,

(i)the person has refused one or more offers of housing falling within section 20(1) and the landlord considers the refusal of that number of offers to be unreasonable.

(7)In subsection (6)—

  • antisocial”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance,

  • conduct” includes speech, and a course of conduct must involve conduct on at least two occasions, and

  • harassment” is to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40).

(8)The Scottish Ministers may by regulations modify subsections (6) and (7).

(9)After the social landlord imposes a requirement under subsection (1) (whether or not previously varied under this subsection), it may—

(a)withdraw the requirement, or

(b)vary the requirement in order to shorten the period imposed for the application to have remained in force.

(10)An applicant may by summary application appeal to the sheriff against any decision of a social landlord under subsection (1).

(11)Regulations under subsection (5) and under subsection (8) are subject to the affirmative procedure.]

Textual Amendments

F44S. 20B inserted (20.11.2014 for specified purposes, 1.5.2019 in so far as not already in force) by Housing (Scotland) Act 2014 (asp 14), ss. 6(2), 104(3); S.S.I. 2014/264, art. 2, sch.; S.S.I. 2018/153, art. 2, sch. (with art. 9)

21 [F46Rules relating to the housing list and to transfer of tenants]S

[F47(1)It shall be the duty—

(a)of every local authority to make and to publish in accordance with subsection (4), and again within 6 months of any alteration thereof, rules governing—

F48(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the priority of allocation of houses;

(iii)the transfer of tenants from houses owned by the landlord to houses owned by other bodies;

(iv)exchanges of houses;

F48(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)It shall be the duty of every registered [F49social landlord—

(a)to make rules governing the matters mentioned in subsection (1)(a)(ii) to (iv);]

(b)within 6 months of the making of rules under paragraph (a), and within 6 months of any alteration of such rules (whether or not made under that paragraph)—

(i)to send a copy of them to each of the bodies mentioned in subsection (3); and

(ii)to publish them in accordance with subsections (4) and (5).

(3)The bodies referred to in subsection (2)(b)(i) are—

F50(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(ia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)every local authority within whose area there is a house let, or to be let, by [F52a registered social landlord under a Scottish] secure tenancy.

[F53(3A)In making or altering its rules governing the priority of allocation of houses, a social landlord must have regard to—

(a)any local housing strategy (within the meaning of section 89(1)(b) of the Housing (Scotland) Act 2001) for its area, and

(b)any guidance published by the Scottish Ministers.

(3B)Before publishing any guidance mentioned in subsection (3A), the Scottish Ministers must consult such persons as they consider appropriate.

(3C)The Scottish Ministers may by regulations prescribe persons of a description or type who a social landlord must include in its rules governing the priority of allocation of houses.

(3D)Regulations under subsection (3C) are subject to the affirmative procedure.]

(4)The rules to be published by a body in accordance with subsection (1) or (2) shall be—

(a)available for perusal; and

(b)on sale at a reasonable price; and

(c)available in summary form on request to members of the public,

at all reasonable times—

(i)in a case where the body is a local authority or a development corporation, at its principal offices and its housing department offices; and

(ii)in any other case, at its principal and other offices.

(5)Rules sent to a local authority in accordance with subsection 2(b) shall be available for perusal at all reasonable times at its principal offices.

(6)An applicant for housing provided by a body mentioned in subsection (1) or (2) shall be entitled on request to inspect any record kept by that body of information furnished by him to it in connection with his application.

Textual Amendments

F46S. 21 title substituted (1.5.2019) by virtue of Housing (Scotland) Act 2014 (asp 14), ss. 4(3), 104(3); S.S.I. 2018/153, art. 2, sch. (with art. 9)

F47S. 21(1) substituted (27.9.1993) by 1993 c. 28, s. 155(1); S.I. 1993/2163, art. 2, Sch. 1.

F48S. 21(1)(a)(i)(b) repealed (1.4.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(3)(a); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F49S. 21(2)(a) and words substituted (1.4.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(3)(b); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F50S. 21(3)(i) repealed (1.4.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(3)(c)(i); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F52Words in s. 21(3)(ii) substituted (1.4.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(3)(c)(iii); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F53S. 21(3A)-(3D) inserted (20.11.2014 for specified purposes, 1.5.2019 in so far as not already in force) by Housing (Scotland) Act 2014 (asp 14), ss. 4(2), 104(3); S.S.I. 2014/264, art. 2, sch.; S.S.I. 2018/153, art. 2, sch. (with art. 9)

Housing co-operativesS

F5422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F5522A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Powers of Scottish Special Housing AssociationS

[F5623 Improvement of amenities of residential area by development corporations.S

A development corporation may for the purpose of securing the improvement of the amenities of a predominantly residential area within its designated area—

(a)carry out any works on land owned by it;

(b)with the agreement of the owner of any land, carry out or arrange for the carrying out of works on that land at his or its expense or in part at the expense of both;

(c)assist (whether by grants or loans or otherwise) in the carrying out of works on land not owned by it;

(d)acquire any land by agreement.]

Textual Amendments

PART IIS HOMELESS PERSONS

Modifications etc. (not altering text)

C9Pt. II (ss. 24-43) excluded (26.7.1993) by 1993 c. 23, s. 4(1)(5), Sch. 1 para. 8; S.I. 1993/1655, art. 2.

Pt. II (ss. 24-43) modified (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 4, (with Sch. 1 para. 8); S.I. 1993/1655, art. 2.

C10Pt. II (ss. 24-43) restricted (19.8.1996) by 1996 c. 49, s. 9; S.I. 1996/2127, art. 2, Sch. Pt. I

Main definitionsS

24 Homeless persons and persons threatened with homelessness.S

(1)A person is homeless if he has no accommodation in [F57the United Kingdom or elsewhere].

(2)A person is to be treated as having no accommodation if there is no accommodation which he, together with any other person who normally resides with him as a member of his family or in circumstances in which the local authority consider it reasonable for that person to reside with him—

(a)is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, or

(b)has a right or permission, or an implied right or permission to occupy, or in England and Wales has an express or implied licence to occupy, or

(c)occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession.

[F58(2A)A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.

(2B)Regard may be had, in determining whether it would be reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the area of the local authority to whom he has applied for accommodation or for assistance in obtaining accommodation.]

(3)A person is also homeless if he has accommodation but—

(a)he cannot secure entry to it, or

(b)it is probable that occupation of it will lead to [F59abuse (within the meaning of the Protection from Abuse (Scotland) Act 2001 (asp 14)),] or

[F58(bb)it is probable that occupation of it will lead to [F60abuse (within the meaning of that Act)] from some other person who previously resided with that person, whether in that accommodation or elsewhere, or]

(c)it consists of a movable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it; or

(d)it is overcrowded within the meaning of section 135 and may endanger the health of the occupants [F61; or

(e)it is not permanent accommodation, in circumstances where, immediately before the commencement of his occupation of it, a local authority had a duty under section 31(2) in relation to him.]

(4)A person is threatened with homelessness if it is likely that he will become homeless within [F622 months].

[F63(5)For the purposes of subsection (3)(e), “permanent accommodation” includes accommodation—

(a)of which the person is the heritable proprietor,

(b)secured by a Scottish secure tenancy,

(c)secured by an assured tenancy that is not a short assured tenancy,

(d)where paragraph 1 or 2 of schedule 6 to the Housing (Scotland) Act 2001 (asp 10) is satisfied in relation to the person, secured by a short Scottish secure tenancy.

[F64(e)secured by a private residential tenancy.]]

Textual Amendments

F57Words in s. 24(1) substituted (1.4.2002) by 2001 asp 10, s. 3(1)(a); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F60Words in s. 24(3)(bb) substituted for s. 24(3)(bb)(i)(ii) (30.1.2004) by Homelessness etc. (Scotland) Act 2003 (asp 10), ss. 10(2)(b), 14(1); S.S.I. 2003/609, art. 2

F61S. 24(3)(e) and preceding word “or” inserted (30.9.2002) by 2001 asp 10, s. 3(1)(b); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F62Words in s. 24(4) substituted (1.4.2002) by 2001 asp 10, s. 3(1)(c); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F63S. 24(5) inserted (30.9.2002) by 2001 asp 10, s. 3(1)(d); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F6525 Priority need for accommodation.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26 Becoming homeless intentionally.S

(1)A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

(2)A person becomes threatened with homelessness intentionally if he deliberately does or fails to do anything the likely result of which is that he will be forced to leave accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

(3)For the purposes of subsection (1) or (2) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.

(4)Regard may be had, in determining for the purpose of subsections (1) and (2) whether it would have been reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the district of the local authority to whom he applied for accommodation or for assistance in obtaining accommodation.

27 Meaning of “local connection”.S

(1)Any reference in this Part to a person having a local connection with a district is a reference to his having a connection with that district—

(a)because he is, or in the past was, normally resident in it and his residence in it is or was of his own choice; or

(b)because he is employed in it, or

(c)because of family associations, or

(d)because of any special circumstances.

(2)Residence in a district is not of a person’s own choice for the purposes of subsection (1) if he became resident in it—

(a)because he or any person who might reasonably be expected to reside with him—

F66(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)was detained under the authority of any Act of Parliament, [F67or

(iii)was resident in accommodation provided in pursuance of section 95 (provision of support for asylum-seekers and dependants) of the Immigration and Asylum Act 1999 (c. 33),]

(b)in such other circumstances as the Secretary of State may by order specify.

(3)A person is not employed in a district for the purposes of subsection (1)—

F68(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in such F69... circumstances as the Secretary of State may by order specify.

(4)An order under subsections (2) or (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Duties of local authorities with respect to homelessness and threatened homelessnessS

28 Inquiry into cases of possible homelessness or threatened homelessness.S

(1)If a person (“an applicant”) applies to a local authority for accommodation, or for assistance in obtaining accommodation, and the authority have reason to believe that he may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves as to whether he is homeless or threatened with homelessness.

(2)If the authority are so satisfied, they

[F70(b)may, if they think fit, make any further inquiries necessary to satisfy themselves as to] whether he became homeless or threatened with homelessness intentionally;

and if the authority think fit, they may also make inquiries as to whether he has a local connection with the district of another local authority in Scotland, England or Wales.

Textual Amendments

Modifications etc. (not altering text)

C11S. 28 extended (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 2 (with Sch. 1 para. 8); S.I. 1993/1655, art. 2.

29 Interim duty to accommodate F71....S

(1)If the local authority have reason to believe that an applicant may be homeless F72. . ., they shall secure that accommodation is made available for his occupation

[F73(a)] pending any decision which they may make as a result of their inquiries under section 28.

[F74(b)where the applicant has, under section 35A, requested a review of a decision of the authority, until they have notified him in accordance with section 35B of the decision reached on review.]

[F75(c)where, by virtue of a decision referred to in paragraph (a) or (b), the authority have a duty under section 31 to secure that accommodation of a particular description becomes available for the applicant’s occupation, until such accommodation becomes available.]

(2)This duty arises irrespective of any local connection which an applicant may have with the district of another local authority.

[F76(3)In subsection (1), “accommodation”, in the first place where the expression occurs, does not include accommodation of such description as the Scottish Ministers may, by order made by statutory instrument, specify.

(4)Such an order may—

(a)specify any description of accommodation subject to conditions or exceptions,

(b)make different provision for different purposes and different areas.

(5)A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the Scottish Parliament.]

Textual Amendments

F72Words in s. 29(1) repealed (30.9.2002) by 2001 asp 10, s. 3(2); S.S.I. 2002/321, art. 3, Sch. (subject to transitional provisions and savings in arts. 3-5)

F73Words in s. 29(1) renumbered as para. (a) (1.4.2002) by virtue of 2001 asp 10, s. 4(1)(a); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

F74S. 29(1)(b) inserted (1.4.2002) by 2001 asp 10, s. 4(1)(b); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

Modifications etc. (not altering text)

C12S. 29(1)(b) restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 para. 1(1)(f) (with s. 159); S.I. 2002/2811, art. 2, Sch. (with transitional provisions in arts. 3-6)

S. 29(1)(b) restricted (8.1.2003) by 2002 c. 41, s. 55(4)(a) (with s. 159); S.I. 2002/2811, art. 2, Sch. (with transitional provisions in arts. 3-6)

30 Notification of decision and reasons.S

(1)On completing their inquiries under section 28, the local authority shall notify the applicant of their decision on the question whether he is homeless or threatened with homelessness.

F77(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If they notify him that their decision is that he [F78is homeless or threatened with homelessness], they shall at the same time notify him—

(a)[F79where they have made inquiries under section 28(2)(b),] of their decision on the question whether he became homeless or threatened with homelessness intentionally, and

(b)whether they have notified or propose to notify any other local authority under section 33 that his application has been made.

[F80(3A)If they decide that he is homeless [F81or threatened with homelessness,] but would not have done so without having had regard to a restricted person, they shall also notify him of—

(a)the fact that their decision was reached on that basis,

(b)the name of the restricted person,

(c)the reason why the person is a restricted person, and

(d)the effect of section 31(2G) or (as the case may be) 32(2A) and (2B).]

(4)If they notify him—

(a)that they are not satisfied—

(i)that he is homeless or threatened with homelessness, F82 . . .

F82(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)that they are satisfied that he became homeless or threatened with homelessness intentionally, or

(c)that they have notified or propose to notify another local authority under section 33 that his application has been made,

they shall at the same time notify him of their reasons.

[F83(4A)They shall also notify him—

(a)that he may request a review of the decision and of the time within which such a request must be made, and

(b)of the advice and assistance that is available to him in connection with any such review.]

(5)The notice required to be given to a person under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

[F84(6)In this Part “a restricted person” means a person—

(a)who is not eligible for assistance under this Part,

(b)who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and

(c)either—

(i)who does not have leave to enter or remain in the United Kingdom, or

(ii)whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.]

Textual Amendments

F80S. 30(3A) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 11(2); S.I. 2009/415, art. 3

F83S. 30(4A) inserted (1.4.2002) by 2001 asp 10, s. 4(2); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F84S. 30(6) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 11(3); S.I. 2009/415, art. 3

Modifications etc. (not altering text)

C13S. 30 modified (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 3(4) (with Sch. 1 para. 8); S.I. 1993/1655, art. 2.

31 Duties to persons found to be homeless.S

(1)This section applies where a local authority are satisfied that an applicant is homeless.

(2)Where they F85... are not satisfied that he became homeless intentionally, they shall, unless they notify another local authority in accordance with section 33 (referral of application on ground of local connection) secure that [F86permanent] accommodation becomes available for his occupation.

[F87(2A)In a restricted case the local authority shall cease to be subject to the duty under subsection (2) if the applicant, having been informed of the matters mentioned in subsection (2B)—

(a)accepts a private accommodation offer, or

(b)refuses such an offer.

(2B)The matters are—

(a)the possible consequence of refusal of the offer, and

(b)that the applicant has the right to request a review of the decisions mentioned in section 35A(2)(e).

(2C)In this section “a restricted case” means a case falling within subsection (2) where the local authority would not be satisfied as mentioned in subsections (1) and (2) without having had regard to a restricted person.

(2D)For the purposes of this Part an offer is a private accommodation offer if—

(a)it is an offer of a short assured tenancy made by a landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,

(b)it is made, with the approval of the local authority, in pursuance of arrangements made by them with the landlord with a view to bringing their duty under subsection (2) to an end, and

(c)the tenancy being offered is for a period of at least 12 months.

(2E)The local authority shall not approve a private accommodation offer unless they are satisfied that it is reasonable for the applicant to accept the offer.

(2F)For the purposes of subsection (2E) an applicant may reasonably be expected to accept an offer even though he is under contractual or other obligations in respect of his existing accommodation, provided he is able to bring those obligations to an end before he is required to take up the offer.

(2G)In a restricted case the local authority shall, so far as reasonably practicable, bring their duty under subsection (2) to an end as mentioned in subsection (2A).

(2H)Subsections (2A) to (2G) are without prejudice to any other way in which the local authority can cease to be subject to the duty under subsection (2).]

(3)[F88[F89In any other case], they] [F88In a case not falling within subsection (2), the local authority] shall—

(a)secure that accommodation is made available for [F90his] [F90the applicant's] occupation for such period as they consider will give him a reasonable opportunity of himself securing accommodation for his occupation; and

(b)furnish him with advice and [F91assistance of such type as may be prescribed], in any attempts he may make to secure that accommodation becomes available for his occupation.

F92(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F93(5)For the purposes of subsection (2), “permanent accommodation” includes accommodation—

(a)secured by a Scottish secure tenancy,

F94(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)where paragraph 1[F95, 2 or 2A] of schedule 6 to the Housing (Scotland) Act 2001 (asp10) is satisfied in relation to the applicant, secured by a short Scottish secure tenancy.

[F96(d)secured by a private residential tenancy.]]

Textual Amendments

F86Words in s. 31(2) inserted (30.9.2002) by 2001 asp 10, s. 3(3)(a); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F87S. 31(2A)-(2H) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 12(2); S.I. 2009/415, art. 3

F88Words in s. 31(3) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 12(3)(a); S.I. 2009/415, art. 3

F89Words in s. 31(3) substituted (30.9.2002) by 2001 asp 10, s. 3(3)(b)(i); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F90Words in s. 31(3)(a) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 12(3)(b); S.I. 2009/415, art. 3

F91Words in s. 31(3)(b) substituted (30.9.2002) by 2001 asp 10, s. 3(3)(b)(ii); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F92S. 31(4) repealed (30.9.2002) by 2001 asp 10, s. 3(3)(c); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F93S. 31(5) inserted (30.9.2002) by 2001 asp 10, s. 3(3)(d); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F95Words in s. 31(5)(c) substituted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 7(5), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)

32 Duties to persons found to be threatened with homelessness.S

(1)This section applies where a local authority are satisfied that an applicant is threatened with homelessness.

(2)Where they F97... are not satisfied that he became threatened with homelessness intentionally they shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.

[F98(2A)Subsection (2B) applies in a restricted threatened homelessness case where, in pursuance of the duty under subsection (2), the local authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him.

(2B)The provisions of section 31(2A) to (2H) (circumstances in which duty in restricted case ceases) apply, with any necessary modifications, in relation to the duty under subsection (2) as they apply in relation to the duty under section 31(2) in a restricted case (within the meaning of that section).]

(3)[F99[F100In any other case] they shall furnish him] [F99In a case not falling within subsection (2) the local authority shall furnish the applicant] with advice and [F101assistance of such type as may be prescribed], in any attempts he may make to secure that accomodation does not cease to be available for his occupation.

(4)Nothing in subsection (2) shall affect any right of a local authority to secure vacant possession of accommodation, whether by virtue of a contract or of any enactment or rule of law.

(5)In section 31 and in this section, “accommodation” does not include accommodation

[F102(a)]that is overcrowded within the meaning of section 135 or which may endanger the health of the occupants.

[F103(b)that does not meet any special needs of the applicant and any other person referred to in section 24(2), or

(c)that it is not reasonable for the applicant to occupy.]

[F104(5A)In this section “a restricted threatened homelessness case” means a case falling within subsection (2) where the local authority would not be satisfied as mentioned in subsections (1) and (2) without having had regard to a restricted person.]

[F105(6)Regulations made by virtue of section 31(3)(b) or subsection (3) above may make different provision for different purposes and different areas.

(7)Before making any such regulations, the Scottish Ministers shall consult—

(a)such associations representing local authorities, and

(b)such other persons,

as they think fit on the proposed regulations.

(8)In exercising their functions under section 31 or this section in respect of a person [F106with whom dependent children reside or might reasonably be expected to reside], the local authority shall have regard to the best interests of the dependent children F107... [F108and shall, without prejudice to subsection (5) above and section 41, ensure that accommodation provided for such a person’s occupation is suitable for occupation by such children, so far as consistent with their best interests].]

Textual Amendments

F98S. 32(2A)(2B) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 13(2); S.I. 2009/415, art. 3

F99Words in s. 32(3) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 13(3); S.I. 2009/415, art. 3

F100Words in s. 32(3) substituted for words and paras. (a)(b) in s. 32(3) (30.9.2002) by 2001 asp 10, s. 3(4)(a)(i); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F101Words in s. 32(3) substituted (30.9.2002) by 2001 asp 10, s. 3(4)(a)(ii); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F102Words in s. 32(5) renumbered as para. (a) (1.4.2002) by virtue of 2001 asp 10, s. 3(4)(b)(i); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F103S. 32(5)(b)(c) inserted (1.4.2002) by 2001 asp 10, s. 3(4)(b)(ii); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F104S. 32(5A) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 13(4); S.I. 2009/415, art. 3

F105S. 32(6)-(8) inserted (30.9.2002) by 2001 asp 10, s. 3(4)(c); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

[F10932A Power of the Scottish Ministers to modify application of sections 31 and 32S

(1)The provisions of—

(a)section 31(2) so far as requiring that accommodation is to be permanent accommodation (within the meaning of section 31(5)), and

(b)section 32(5)(b),

do not apply in such circumstances as may be prescribed.

(2)Where—

(a)accommodation has been provided under section 31(2), and

(b)by virtue of subsection (1) above, that accommodation is not permanent accommodation (within the meaning of section 31(5)) or does not meet the special needs of the applicant and any other person referred to in section 24(2),

section 26 does not apply.]

Textual Amendments

F109S. 32A inserted (30.9.2002) by 2001 asp 10, s. 3(5); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in art. 3-5)

[F11032BHousing support: persons found to be homeless or threatened with homelessnessS

(1)Subsection (2) applies where a local authority—

(a)are subject to the duty under section 31(2) or 32(2) in relation to an applicant; and

(b)have reason to believe that the applicant may be in need of prescribed housing support services.

(2)The local authority must assess whether the applicant, and any other person residing with the applicant, needs prescribed housing support services.

(3)In carrying out such an assessment the local authority must—

(a)conduct inquiries of such type as may be prescribed; and

(b)have regard to any prescribed matters.

(4)Following such an assessment, the local authority must ensure that prescribed housing support services are provided to any person assessed as being in need of them.

(5)The Scottish Ministers may by regulations made by statutory instrument make further provision about the provision of prescribed housing support services in pursuance of subsection (4) and may, in particular, specify—

(a)the period for which services are to be provided;

(b)matters to which a local authority are to have regard when ensuring provision of services.

(6)Regulations made under this section may make different provision for different purposes and different areas.

(7)Before making any regulations under this section, the Scottish Ministers must consult—

(a)such bodies representing local authorities;

(b)such bodies representing the interests of homeless persons; and

(c)such other persons,

as they think fit.

(8)Regulations under this section may be made only if a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.

(9)In this section, “housing support services” includes any service which provides support, assistance, advice or counselling to an individual with particular needs with a view to enabling that individual to occupy, or to continue to occupy, residential accommodation as the individual's sole or main residence.]

Textual Amendments

F110S. 32B inserted (7.10.2011 for specified purposes, 1.6.2013 in so far as not already in force) by Housing (Scotland) Act 2010 (asp 17), ss. 158, 166(2); S.S.I. 2011/339, art. 2; S.S.I. 2012/283, art. 3

33 Referral of application to another local authority.S

(1)If a local authority—

(a)are satisfied that an applicant is homeless F111... and are not satisfied that he became homeless intentionally, but

(b)are of opinion that the conditions are satisfied for referral of his application to another local authority,

they may notify that other local authority in Scotland, England or Wales of the fact that his application has been made and that they are of that opinion.

(2)The conditions of referral of an application to another local authority are—

(a)that neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,

(b)that the applicant or a person who might reasonably be expected to reside with him has a local connection with that other local authority’s district, and

(c)that neither that applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic [F112abuse] in that other local authority’s district.

(3)For the purposes of this section a person runs the risk of domestic [F113abuse]

(a)if he runs the risk of [F114abuse (within the meaning of the Protection from Abuse (Scotland) Act 2001 (asp 14))] from a person with whom, but for the risk of [F113abuse] , he might reasonably be expected to reside, or from a person with whom he formerly resided, F115...

F115(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The question whether the conditions for referral of an application are satisfied shall be determined by agreement between the notifying authority and the notified authority, or in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order made by statutory instrument.

(5)An order may direct that the arrangements shall be—

(a)those agreed by any relevant authorities or association of relevant authorities, or

(b)in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.

(6)No order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

[F11633APower to modify section 33S

(1)The Scottish Ministers may by order made by statutory instrument provide that, for so long as the order is in force, the power of a local authority under subsection (1) of section 33 to notify another local authority of the matters referred to in that subsection—

(a)shall not be exercisable by such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable by such local authorities or descriptions of local authority as are specified in the order only in such circumstances, or with such modifications, as are specified in the order;

(b)shall not be exercisable in relation to such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable in relation to such local authorities or descriptions of local authority as are specified in the order only in such circumstances, or with such modifications, as are specified in the order.

(2)An order under this section may—

(a)provide for this Part to apply with such modifications, and

(b)make such transitional, transitory or saving provision,

as the Scottish Ministers think necessary or expedient in consequence of the order.

(3)A statutory instrument containing an order under this section is, if made without a draft having been laid before, and approved by a resolution of, the Scottish Parliament, subject to annulment in pursuance of a resolution of the Scottish Parliament.

Textual Amendments

33BStatement on exercise of power to modify section 33S

(1)The Scottish Ministers must, before the expiry of the period of [F11718] months beginning with the coming into force of this section, prepare and publish a statement setting out the circumstances in which, and the general criteria by reference to which, the power under section 33A is to be exercised.

[F118(1A)The Scottish Ministers may by regulations modify subsection (1) so as to extend the period mentioned in subsection (1).

(1B)But the power may not be exercised to extend the period—

(a)by more than 6 months, or

(b)more than once.]

(2)The Scottish Ministers—

(a)must keep the statement under review;

(b)may from time to time modify the statement; and

(c)must publish any modified statement.

(3)Before preparing or modifying the statement, the Scottish Ministers must consult—

(a)such associations representing local authorities; and

(b)such other persons,

as they think fit.

[F119(4)Regulations under subsection (1A) are subject to the affirmative procedure.]]

34 Duties to persons whose applications are referred.S

(1)Where, in accordance with section 33(1), a local authority notify another authority of an application, the notifying authority shall secure that accommodation is available for occupation by the applicant until it is determined whether the conditions for referral of his application to the other authority are satisfied.

(2)[F120If it is determined that the conditions for referral are satisfied, the notified authority shall secure that [F121permanent] accommodation becomes available for occupation by the applicant; if it is determined that the conditions are not satisfied, the notifying authority shall secure that [F121permanent] accommodation becomes available for occupation by him.]

[F120If it is determined that the conditions for referral—

(a)are satisfied, the notified authority are subject to the duty under section 31(2);

(b)are not satisfied, the notifying authority are subject to that duty.]

(3)When the matter has been determined, the notifying authority shall notify the applicant—

(a)[F122whether they or the notified authority are the authority whose duty it is to secure that [F121permanent] accommodation becomes available for his occupation,]

[F122whether they or the notified authority are subject to the duty under section 31(2),] and

(b)of the reasons why the authority subject to that duty are subject to it.

[F123(3A)The notifying authority shall also notify him—

(a)that he may request a review of the determination and of the time within which such a request must be made, and

(b)of the advice and assistance that is available to him in connection with any such review.]

(4)The notice required to be given to a person under [F124this section] shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

[F125(5)For the purposes of subsection (1), “accommodation” has the meaning given in section 32(5).

(6)[F126For the purposes of subsections (2) and (3)(a), “permanent accommodation” has the meaning given in section 31(5) as read with section 32(5).]]

Textual Amendments

F120S. 34(2) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 14(2); S.I. 2009/415, art. 3

F121Words in s. 34(2)(3)(a) inserted (30.9.2002) by 2001 asp 10, s. 3(6)(a)(b); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F122S. 34(3)(a) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 14(3); S.I. 2009/415, art. 3

F123S. 34(3A) inserted (1.4.2002) by 2001 asp 10, s. 4(3)(a); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F124Words in s. 34(4) substituted (1.4.2002) by 2001 asp 10, s. 4(3)(b); S.S.I 2002/168, art. 2,Sch. (with transitional provisions and savings in art. 3)

F125S. 34(5)(6) inserted (30.9.2002) by 2001 asp 10, s. 3(6)(c); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

35 Supplementary provisions.S

(1)A local authority may perform any duty under section 31 or 34 (duties to persons found to be homeless to secure that accommodation becomes available for the occupation of a person)—

(a)by making available accommodation held by them under Part I (provision of housing) or under any other enactment,

(b)by securing that he obtains accommodation from some other person, or

(c)by giving him such advice and assistance as will secure that he obtains accommodation from some other person.

(2)Without prejudice to section 210(1), a local authority may require a person to whom they were subject to a duty under section 29, 31 or 34 (interim duty to accommodate pending inquiries and duties to persons found to be homeless)—

(a)to pay such reasonable charges as they may determine in respect of accommodation which they secure for his occupation (either by making it available themselves or otherwise), or

(b)to pay such reasonable amount as they may determine in respect of sums payable by them for accommodation made available by another person.

[F12735A Right to request review of decisionS

(1)Where an applicant requests a review of a decision to which subsection (2) applies, the local authority concerned shall review the decision.

(2)This subsection applies to the following decisions of a local authority—

(a)any decision as to what duty (if any) is owed to the applicant under section 31 or 32,

(b)any decision to notify another authority under section 33(1),

(c)any determination under section 33(4) or 34(2) as to whether the conditions for referral of an application are satisfied,

(d)where accommodation is secured for the applicant under section 31, 32 or 34, any decision as to whether the provision of that accommodation discharges the authority’s duty to the applicant under that section.

[F128(e)in a case where a private accommodation offer is made to the applicant, any decision—

(i)that the accommodation offered is not accommodation falling within section 32(5)(a) to (c), or

(ii)that the authority have discharged their duty to the applicant under section 32(8).]

(3)A request for a review shall be made before the end of the period of 21 days beginning with the day on which the applicant is notified of the decision or such longer period as the authority may allow.

(4)There is no right to request a review of a decision reached on review.]

Textual Amendments

F127S. 35A inserted (1.4.2002) by 2001 asp 10, s. 4(4); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F128S. 35A(2)(e) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 15; S.I. 2009/415, art. 3

F12935B Procedure on reviewS

(1)A review under section 35A shall be carried out by a person senior to the person who made the decision being reviewed and who had no involvement in the making of that decision.

(2)The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision reached on review.

(3)If the decision is—

(a)to confirm the original decision on any issue against the interests of the applicant, or

(b)to confirm a previous decision—

(i)to notify another authority under section 33(1), or

(ii)that the conditions are met for referral of his case,

the authority shall also notify him of the reasons for the decision.

(4)Where subsection (3) applies, notice of the decision shall not be treated as given unless and until that subsection is complied with.

(5)Any notice required to be given to an applicant under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

Textual Amendments

F129S. 35B inserted (1.4.2002) by 2001 asp 10, s. 4(4); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

36 Protection of property of homeless persons and persons threatened with homelessness.S

(1)This section applies where a local authority have reason to believe that an applicant is homeless or threatened with homelessness (or, in the case of an applicant to whom they owe a duty under section 29 (interim duty to accommodate pending inquiries), that he may be homeless) and that—

(a)there is a danger of loss of, or damage to, any moveable property of his by reason of his inability to protect it or deal with it, and

(b)no other suitable arrangements have been or are being made.

(2)If the authority have become subject to a duty towards the applicant under section 29, 31(2) or (3)(a), 32(2) or 34 (duty to accommodate during inquiries and duties to persons found to be homeless or threatened with homelessness), then, whether or not they are still subject to such a duty, they shall take reasonable steps to prevent the loss of the moveable property or prevent or mitigate damage to it; and if they have not become subject to such a duty, they may take any steps they consider reasonable for that purpose.

(3)The authority may for the purposes of this section—

(a)enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence, and

(b)deal with any moveable property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.

(4)The authority may decline to take action under this section except upon such conditions as they consider appropriate in the particular case, which may include conditions as to—

(a)the making and recovery by the authority of reasonable charges for the action taken, or

(b)the disposal by the authority, in such circumstances as may be specified, of moveable property in relation to which they have taken action.

(5)When in the authority’s opinion there is no longer any reason to believe that there is a danger of loss of or damage to a person’s moveable property by reason of his inability to protect it or deal with it, the authority shall cease to have any duty or power to take action under this section; but property stored by virtue of their having taken such action may be kept in store and any conditions upon which it was taken into store shall continue to have effect, with any necessary modifications.

(6)Where the authority—

(a)cease to be subject to a duty to take action under this section in respect of an applicant’s moveable property, or

(b)cease to have power to take such action, having previously taken such action,

they shall notify the applicant of that fact and of the reason why they are of opinion that there is no longer any reason to believe that there is a danger of loss of or damage to his moveable property by reason of his inability to protect it or deal with it.

(7)The notification shall be given to the applicant—

(a)by delivering it to him, or

(b)by leaving it, or sending it to him, at his last known address.

(8)References in this section to moveable property of the applicant include moveable property of any person who might reasonably be expected to reside with him.

Administrative provisionsS

37 Guidance to authorities by the Secretary of State.S

(1)In relation to homeless persons and persons threatened with homelessness, a relevant authority shall have regard in the exercise of their functions to such guidance as may from time to time be given by the Secretary of State.

(2)The Secretary of State may give guidance either generally or to specified descriptions of authorities.

38 Co-operation between authorities.S

Where a local authority—

(a)request another local authority in Scotland or England or Wales, a development corporation, a registered housing association or the Scottish Special Housing Association to assist them in the discharge of their functions under sections 28, 29, 31 to 33 and 34(1) and (2) (which relate to the duties of local authorities with respect to homelessness and threatened homelessness as such),

(b)request a social work authority in Scotland or a social services authority in England or Wales to exercise any of their functions in relation to a case which the local authority are dealing with under those provisions, or

(c)request another local authority in Scotland or England or Wales to assist them in the discharge of their functions under section 36 (protection of property of homeless persons and persons threatened with homelessness),

the authority to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates as is reasonable in the circumstances.

Assistance for voluntary organisationsS

39 Financial and other assistance for voluntary organisations concerned with homelessness.S

(1)The Secretary of State, with the consent of the Treasury, may, upon such terms and subject to such conditions as he may determine, give to a voluntary organisation concerned with homelessness, or with matters relating to homelessness, assistance by way of grant or loan or partly in the one way and partly in the other.

(2)A local authority may, upon such terms and subject to such conditions as they may determine, give to such a voluntary organisation such assistance as is mentioned in subsection (1), and may also assist such an organisation by—

(a)permitting them to use premises belonging to the authority upon such terms and subject to such conditions as may be agreed,

(b)making available furniture or other goods, whether by way of gift, loan or otherwise, and

(c)making available the services of staff employed by the authority.

(3)No assistance shall be given under subsection (1) or (2) unless the voluntary organisation first give an undertaking—

(a)that they will use the money, furniture or other goods or premises made available to them for a specified purpose, and

(b)that they will, if the person giving the assistance serves notice on them requiring them to do so, furnish, within the period of 21 days beginning with the date on which the notice is served, a certificate giving such information as may reasonably be required by the notice with respect to the manner in which the assistance given to them is being used.

(4)The conditions subject to which assistance is given under this section shall in all cases include, in addition to any conditions determined or agreed under subsection (1) or (2), conditions requiring the voluntary organisation to—

(a)keep proper books of account and have them audited in such manner as may be specified,

(b)keep records indicating how they have used the money, furniture or other goods or premises made available to them, and

(c)submit the books of account and records for inspection by the person giving the assistance.

(5)If it appears to the person giving the assistance that the voluntary organisation have failed to carry out their undertaking as to the purpose for which the assistance was to be used, he shall take all reasonable steps to recover from the organisation an amount equal to the amount of the assistance; but no sum is so recoverable unless he has first served on the voluntary organisation a notice specifying the amount which in his opinion is recoverable and the basis on which that amount has been calculated.

Supplementary provisionsS

40 False statements, withholding information and failure to disclose change of circumstances.S

(1)If a person, with intent to induce a local authority to believe, in connection with the exercise of their functions under this Part, that he or another person—

(a)is homeless or threatened with homelessness, or

F130(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)did not become homeless or threatened with homelessness intentionally,

knowingly or recklessly makes a statement which is false in a material particular, or knowingly withholds information which the authority have reasonably required him to give in connection with the exercise of those functions, he shall be guilty of an offence.

(2)If before an applicant receives notification of the local authority’s decision on his application there is any change of facts material to his case, he shall notify the authority as soon as possible; and the authority shall explain to every applicant, in ordinary language, the duty imposed on him by this subsection and the effect of subsection (3).

(3)A person who fails to comply with subsection (2) commits an offence unless he shows that he was not given the explanation required by that subsection or that he had some other reasonable excuse for non-compliance.

(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

Modifications etc. (not altering text)

C14S. 40 applied (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 5 (with Sch. 1 para. 8); S.I. 1993/1655, art. 2.

41 Meaning of accommodation available for occupation.S

For the purposes of this Part accommodation shall be regarded as available for a person’s occupation only if it is available for occupation both by him and by any other person who might reasonably be expected to reside with him; and references to securing accommodation for a person’s occupation shall be construed accordingly.

42 Application of this Part to cases arising in England or Wales.S

(1)Sections 33 and 34 (referral of application to another local authority and duties to persons whose applications are referred) apply—

(a)to applications referred by a local authority in England or Wales in pursuance of [F131section 198(1) of the Housing Act 1996], and

(b)to persons whose applications are so transferred,

as they apply to cases arising under this Part.

(2)Section 38 (duty of other authorities to co-operate with local authority) applies to a request by a local authority in England or Wales under [F132section 213 of the Housing Act 1996] as it applies to a request by a local authority in Scotland.

(3)In this Part, in relation to England and Wales—

(a)local authority” means a local housing authority within the meaning of section 1(1) of the said Act of 1985 and references to the district of such an authority are to the area of the council concerned,

(b)social work authority” means a social services authority for the purposes of the M9Local Authority Social Services Act 1970, as defined in section 1 of that Act;

and in section 38(a) (requests for co-operation) “development corporation” means a development corporation established by an order made or having effect as if made under the M10New Towns Act 1981 or the Commission for the New Towns.

Textual Amendments

F131Words in s. 42(1) substituted (20.1.1997) by 1996 c. 52, s. 216(3), Sch. 17 para. 4; S.I. 1996/2959, art. 2

F132Words in s. 42(2) substituted (20.1.1997) by 1996 c. 52, s. 216(3), Sch. 17 para. 4; S.I. 1996/2959, art. 2

Marginal Citations

43 Minor definitions.S

In this Part—

  • accommodation available for occupation” has the meaning assigned to it by section 41;

  • applicant (for housing accommodation)” has the meaning assigned to it by section 28(1);

  • homeless” has the meaning assigned to it by section 24(1) to (3);

  • homeless intentionally or threatened with homelessness intentionally” has the meaning assigned to it by section 26;

  • local connection (in relation to the district of a local authority)” has the meaning assigned to it by section 27;

  • F133...

  • [F134private accommodation offer” has the meaning assigned to it by section 31(2D);]

  • [F135private residential tenancy” has the meaning given by the Private Housing (Tenancies) (Scotland) Act 2016;]

  • relevant authority” means a local authority or social work authority;

  • [F136restricted person” has the meaning assigned to it by section 30(6);]

  • securing accommodation for a person’s occupation” has the meaning assigned to it by section 41;

  • [F137short assured tenancy” has the same meaning as in Part 2 of the Housing (Scotland) Act 1988;]

  • social work authority” means a local authority for the purposes of the M11Social Work (Scotland) Act 1968, that is to say, a regional or islands council;

  • threatened with homelessness” has the meaning assigned to it by section 24(4);

  • voluntary organisation” means a body, not being a public or local authority, whose activities are carried on otherwise than for profit.

Textual Amendments

F134Words in s. 43 inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 16(a); S.I. 2009/415, art. 3

F136Words in s. 43 inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 16(b); S.I. 2009/415, art. 3

F137Words in s. 43 inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 16(c); S.I. 2009/415, art. 3

Marginal Citations

PART IIIS RIGHTS OF PUBLIC SECTOR TENANTS

Security of tenureS

F13844. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F138Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F13945. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F139Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F14046. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F140Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in art. 3-5)

F14147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F141Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F14248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F142Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F14349. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F143Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F14450. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F144Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F14551. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F145Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

SuccessionS

F14652. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F146Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

LeasesS

F14753. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F147Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F14854. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F148Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

SublettingS

F14955. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F149Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F15056. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F150Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

Repairs and improvementsS

F15157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F151Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F15258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F152Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F15358A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F153Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F15459. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F154Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F15560. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F155Ss. 44-60 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(5); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

Right to buyS

F15661 Secure tenant’s right to purchaseS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15661ZALimitation on right to purchase: new tenantsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15661A Limitation on right to purchase from registered social landlordsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15661B Limitation on right to purchase: pressured areasS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15661C Pressured area proposals: procedureS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15661D Limitation on right to purchase: arrears of rent, council tax etc.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15661E Limitation on right to purchase: conductS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15661FLimitation on right to purchase: new supply social housingS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15662 The price.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15662A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

ProcedureS

F15663 Application to purchase and offer to sell.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15663AInformation to be prescribedS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15664

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15665 Variation of conditions.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15666 Notice of acceptance.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15666A Abatement of purchase price on landlord’s failure before contract of sale.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15666BAbatement of purchase price on landlord’s failure after contract of sale.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15666CProvisions relating to sections 66A and 66B.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15667. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F15668 Refusal of applications.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Houses provided for special purposesS

F15669 Secretary of State’s power to authorise refusal to sell certain houses provided for persons of pensionable age.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15669APower to refuse to sell houses required for police purposesS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15670 Power to refuse to sell certain houses required for educational purposes.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Houses liable to demolitionS

F15670A Authorisation of refusal to sell houses liable to demolitionS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lands TribunalS

F15671 Reference to Lands Tribunal.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recoverability of discountS

F15672 Recovery of discount on early re-sale.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15673 Cases where discount etc. is not recoverable .S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rent to loan schemeS

F15673A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F15673B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F15673C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F15673D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F15674 Duties of landlords.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15675 Agreements affecting right to purchase.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15675A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F15676. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Powers of Secretary of StateS

F15677 Secretary of State may make provision for vesting in landlord to bring into being tenant’s right to purchase house.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15678 Secretary of State may give directions to modify conditions of sale.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15679 Secretary of State may give financial and other assistance for tenants involved in proceedings.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15680 Secretary of State may make contributions towards the cost of transfers and exchanges.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15681 Information from landlords in relation to Secretary of State’s powers.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F157 Preservation of right to buy on disposal to private sector landlord]S

Textual Amendments

F157S. 81A and cross heading inserted (21.2.1992) by Housing Act 1988 (c. 50, SIF 61), s. 128; S.I. 1992/324, art. 2

F15881A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F158S. 81A repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(17); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

[F159Consultation before disposal to private sector landlord]S

Textual Amendments

F159S. 81B and cross heading inserted (21.2.1992) by Housing Act 1988 (c. 50, SIF 61), s. 135(1)(3); S.I. 1992/324, art. 2

F16081B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F160S. 81B repealed (19.12.2001) by 2001 asp 10, s. 112, Sch. 10 para. 13(17); S.S.I. 2001/467, art. 2(2), Sch. Table (subject to art. 3)

GeneralS

82 [F161Interpretation of sections 14, 19 and 20]S

In F162... sections 14, 19, [F163and 20], except where provision is made to the contrary,

  • F164...

  • family” and any reference to membership thereof shall be construed in accordance with section 83;

  • F165...

  • F164...

  • F164...

  • landlord” means a person who lets a house to a tenant for human habitation, and includes his successors in title;

  • F164...

  • F164...

  • F166. . .

  • F166. . .

  • F164...

  • tenancy” means any agreement under which a house is made available for occupation for human habitation, and “leases”, “let” and “lets” shall be construed accordingly;

  • tenant” means a person who leases a house from a landlord and who derives his right therein directly from the landlord, and in the case of joint tenancies means all the tenants.

Textual Amendments

F161S. 82 heading substituted (1.8.2016) by virtue of Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 2 para. 4(8); S.S.I. 2014/264, art. 2, sch. (with art. 4)

F163Words in s. 82 substituted (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(18)(a); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F165Words in s. 82 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 2; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F166Definitions of

rent to loan purchaser

and

rent to loan scheme

in s. 82 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(18)(b); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

Modifications etc. (not altering text)

C15S. 82 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1

83Members of a person’s family.S

(1)A person is a member of another’s family for the purposes of this Act if—

(a)he is the spouse [F167or civil partner] of that person or he and that person live together as husband and wife [F168or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex]; or

(b)he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2)For the purposes of subsection (1)(b)—

(a)a relationship by marriage [F169or by virtue of civil partnership] shall be treated as a relationship by blood;

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood;

(c)the stepchild of a person shall be treated as his child; and

[F170(ca)a person brought up or treated by another person as if the person were the child of the other person shall be treated as that person’s child;]

(d)a child shall be treated as such whether or not his parents are married.

[F171(3)Except in subsection (1)(a), references in this Act to a person’s spouse include references to [F172that person’s civil partner or to] another person living together with that person as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex.]

Textual Amendments

F168Words in s. 83(1)(a) inserted (1.10.2001) by 2001 asp 10, s. 108(3)(a); S.S.I. 2001/336, art. 2(2), Sch. Pt. I (with transitional provisions and savings in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

F170S. 83(2)(ca) inserted (1.10.2001) by 2001 asp 10, s. 108(3)(b); S.S.I. 2001/336, art. 2(2), Sch. Pt. I (with transitional provisions and savings in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

F171S. 83(3) inserted (1.10.2001) by 2001 asp 10, s. 108(3)(c); S.S.I. 2001/336, art. 2(2), Sch. Pt. I (with transitional provisions and savings in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

Modifications etc. (not altering text)

C17S. 83 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1

F17384 Service of notices.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17484A Application of right to buy to cases where landlord is lessee.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IVS SUB-STANDARD HOUSES

The tolerable standardS

85 General duty of local authority in respect of houses not meeting tolerable standard.S

(1)It shall be the duty of every local authority to secure that all houses in their district which do not meet the tolerable standard are closed, demolished or brought up to the tolerable standard within such period as is reasonable in all the circumstances.

(2)In determining what period is reasonable for the purposes of subsection (1), regard shall be had to alternative housing accommodation likely to be available for any persons who may be displaced from houses as a result of any action proposed by the local authority in pursuance of that subsection.

F175(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

86 Definition of house meeting tolerable standard.S

(1)Subject to subsection (2), a house meets the tolerable standard for the purposes of this Act if the house—

(a)is structurally stable;

(b)is substantially free from rising or penetrating damp;

(c)has satisfactory provision for natural and artificial lighting, for ventilation and for heating;

[F176(ca)has satisfactory thermal insulation;]

(d)has an adequate piped supply of wholesome water available within the house;

(e)has a sink provided with a satisfactory supply of both hot and cold water within the house;

(f)has a water closet [F177or waterless closet] available for the exclusive use of the occupants of the house and suitably located within the house;

[F178(fa)has a fixed bath or shower and a wash-hand basin, each provided with a satisfactory supply of both hot and cold water and suitably located within the house;]

(g)has an effective system for the drainage and disposal of foul and surface water;

[F179(ga)in the case of a house having a supply of electricity, complies with the relevant requirements in relation to the electrical installation for the purposes of that supply;

“the electrical installation” is the electrical wiring and associated components and fittings, but excludes equipment and appliances;

“the relevant requirements” are that the electrical installation is adequate and safe to use;]

(h)has satisfactory facilities for the cooking of food within the house;

(i)has satisfactory access to all external doors and outbuildings;

and any reference to a house not meeting the tolerable standard or being brought up to the tolerable standard shall be construed accordingly.

[F180(1A)In construing any such reference, regard shall be had to any guidance issued by the Scottish Ministers.

(1B)The Scottish Ministers must issue the guidance in such manner as they consider appropriate for bringing it to the notice of local authorities and other persons with an interest.

(1C)The Scottish Ministers may vary or revoke any such guidance.]

(2)The Secretary of State may by order vary or extend or amplify the criteria set out in the foregoing subsection either generally or, after consultation with a particular local authority, in relation to the district, or any part of the district, of that authority.

[F181(2A)An order under subsection (2) is to be made by statutory instrument, and no such order is to be made unless a draft of the order has been laid before and approved by resolution of the Scottish Parliament.]

(3)This section shall be without prejudice to section 114 (certain underground rooms to be treated as houses not meeting the tolerable standard).

Textual Amendments

F177Words in s. 86(1)(f) inserted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), ss. 11(2)(b), 195(3) (with s. 193); S.S.I. 2009/122, art. 3

F180S. 86(1A)-(1C) inserted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), ss. 11(3), 195(3) (with s. 193); S.S.I. 2009/122, art. 3

87 Official representation that house does not meet tolerable standard.S

(1)The proper officer of the local authority may make an official representation to the authority whenever he is of opinion that any house in their district does not meet the tolerable standard.

(2)A local authority shall as soon as may be take into consideration any official representation which has been made to them.

(3)Every representation made in pursuance of this section by the proper officer of the local authority shall be in writing.

Improvement orderS

F18288 Improvement of houses below tolerable standard outside housing action areas.S

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Textual Amendments

Housing action areasS

F18289 Declaration of housing action areas for demolition.S

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Textual Amendments

F18290 Declaration of housing action areas for improvement.S

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Textual Amendments

F18291 Declaration of housing action areas for demolition and improvement.S

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Textual Amendments

F18292 Provisions supplementary to sections 89 to 91.S

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Textual Amendments

F18293 Consent to demolition of listed buildings, rehabilitation orders and compensation.S

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Textual Amendments

Powers of Secretary of StateS

F18294 Functions of Secretary of State, and duty of local authority to publish information.S

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Textual Amendments

Powers of local authorityS

F18295 Further procedure, powers of local authority on acquisition of land, compensation and agricultural holdings.S

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Textual Amendments

F18296 Power of local authority to retain houses subject to demolition for temporary occupation.S

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Textual Amendments

F18297 Local authority may control occupation of houses in housing action area.S

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Textual Amendments

F18298 Obligation of local authorities in relation to rehousing in housing action areas.S

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Textual Amendments

Landlords and tenants in housing action areasS

F18299 Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(a).S

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Textual Amendments

F182100 Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(c).S

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Textual Amendments

F182101 Application to sheriff for possession where house is identified in accordance with paragraph 1 of Schedule 8 as read with section 92(4)(b).S

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Textual Amendments

F182102 Procedure; and application of s.103(1) of Rent (Scotland) Act 1984.S

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Textual Amendments

F182103 Certain provisions of Rent (Scotland) Act 1984 not to apply.S

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Textual Amendments

F182104 Effect of refusal to make order on validity of resolution.S

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Textual Amendments

MiscellaneousS

F182105 Exclusion of houses controlled by Crown.S

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Textual Amendments

F182106 Power of local authority to arrange for the execution of works of improvement by agreement with the owner.S

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Textual Amendments

107 Conditions may be attached to sale of below-standard local authority houses.S

Where a house on land acquired or appropriated by a local authority for the purposes of Part I lacks one or more of the standard amenities [F183(within the meaning given by section 73(6) of the Housing (Scotland) Act 2006 (asp 1))] or does not meet the tolerable standard, the local authority may make the sale by them of that house conditional on the purchaser providing the house with the standard amenities which it lacks or bringing the house up to the tolerable standard.

Textual Amendments

PART VS REPAIR OF HOUSES

Repair noticesS

F184108 Power of local authority to secure repair of house in state of serious disrepair.S

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Textual Amendments

F184Ss. 108-113 repealed (3.9.2007 for the repeal of s. 113, 1.4.2010 in so far as not already in force) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 7 (with s. 193); S.S.I. 2007/270, art. 3; S.S.I. 2009/122, art. 3 (with arts. 4A-4E) (as amended (17.3.2010) by S.S.I. 2010/114, art. 2)

F184109 Recovery by local authority of expenses under s.108.S

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Textual Amendments

F184Ss. 108-113 repealed (3.9.2007 for the repeal of s. 113, 1.4.2010 in so far as not already in force) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 7 (with s. 193); S.S.I. 2007/270, art. 3; S.S.I. 2009/122, art. 3 (with arts. 4A-4E) (as amended (17.3.2010) by S.S.I. 2010/114, art. 2)

F184110 Recovery by lessee of proportion of expenses incurred in repairing house.S

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Textual Amendments

F184Ss. 108-113 repealed (3.9.2007 for the repeal of s. 113, 1.4.2010 in so far as not already in force) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 7 (with s. 193); S.S.I. 2007/270, art. 3; S.S.I. 2009/122, art. 3 (with arts. 4A-4E) (as amended (17.3.2010) by S.S.I. 2010/114, art. 2)

Appeals etc.S

F184111 Appeals under Part V.S

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Textual Amendments

F184Ss. 108-113 repealed (3.9.2007 for the repeal of s. 113, 1.4.2010 in so far as not already in force) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 7 (with s. 193); S.S.I. 2007/270, art. 3; S.S.I. 2009/122, art. 3 (with arts. 4A-4E) (as amended (17.3.2010) by S.S.I. 2010/114, art. 2)

F184112 Date of operation of notices, demands and orders subject to appeal.S

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Textual Amendments

F184Ss. 108-113 repealed (3.9.2007 for the repeal of s. 113, 1.4.2010 in so far as not already in force) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 7 (with s. 193); S.S.I. 2007/270, art. 3; S.S.I. 2009/122, art. 3 (with arts. 4A-4E) (as amended (17.3.2010) by S.S.I. 2010/114, art. 2)

Landlord and tenantS

F184113 Obligations to repair.S

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Textual Amendments

F184Ss. 108-113 repealed (3.9.2007 for the repeal of s. 113, 1.4.2010 in so far as not already in force) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 7 (with s. 193); S.S.I. 2007/270, art. 3; S.S.I. 2009/122, art. 3 (with arts. 4A-4E) (as amended (17.3.2010) by S.S.I. 2010/114, art. 2)

PART VIS CLOSING AND DEMOLITION ORDERS

Powers of local authorityS

114 Closing order.S

(1)Where a local authority, on consideration of an official representation or a report by the proper officer or other information in their possession, are satisfied that any house does not meet the tolerable standard and that it ought to be demolished and—

(a)the house forms only part of a building, and

(b)the building does not comprise only houses which do not meet the tolerable standard,

the local authority may make a closing order prohibiting the use of the house for human habitation.

(2)A closing order shall have effect from such date as may be specified in the order, not being less than 28 days from the date on which it comes into operation.

(3)In this section, “house” includes any room habitually used as a sleeping place, the surface of the floor of which is more than 3 feet below the surface of the part of the street adjoining or nearest to the room (an “underground room”).

(4)An underground room does not meet the tolerable standard for the purpose of this section if—

(a)it is not an average of 7 feet in height from floor to ceiling, or

(b)it does not comply with such regulations as the local authority may make for securing the proper ventilation and lighting of such rooms and the protection thereof against dampness, effluvia or exhalation.

(5)If a local authority, after being required to do so by the Secretary of State, fail to make regulations under subsection (4)(b), the Secretary of State may himself make regulations which shall [F185have] effect as if they had been made by the authority under that subsection.

115 Demolition order.S

Where a local authority, on consideration of an official representation or a report by the proper officer or other information in their possession, are satisfied that any building comprises only a house which does not meet, or houses which do not meet, the tolerable standard and that the house or, as the case may be, houses, ought to be demolished, they may, subject to section 119, make a demolition order requiring—

(a)that the building shall be vacated within such period as may be specified in the order, not being less than 28 days from the date on which the order comes into operation, and

(b)that the building shall be demolished within 6 weeks after the expiration of that period or, if the building is not vacated before the expiration of the period, within 6 weeks after the date on which it is vacated.

116 Revocation of closing and demolition order.S

If in the case of a house in respect of which a closing order has been made or a building in respect of which a demolition order has been made the local authority are satisfied, on an application made by any owner of the house or building, or any person appearing to the authority to have reasonable cause for making the application, that the house has, or, as the case may be, the house or houses comprised in the building have, been brought up to the tolerable standard, they shall make an order revoking the closing order or, as the case may be, the demolition order.

117 Undertakings to bring up to tolerable standard and suspension order.S

(1)Where a closing order or a demolition order has been made in respect of a house or building and not revoked, any owner of the house or building, or any person holding a heritable security over it, may give to the local authority, within a period of 21 days from the date of service of the order or such longer period therefrom as the authority may, either during or after the expiry of the 21 days, determine to be appropriate, an undertaking in writing—

(a)that he will within a specified period carry out such works as will, in the opinion of the local authority, bring the house or, as the case may be, all the houses in the building, up to the tolerable standard; or

(b)in the case of a building in respect of which a demolition order has been made, that no house in the building will be used for human habitation (unless at any time all the houses therein are brought up to the tolerable standard and the local authority agree that they have been so brought).

(2)If an undertaking is so given the local authority shall as soon as may be either—

(a)accept the undertaking and make in respect of it a suspension order suspending the closing order or, as the case may be, the demolition order, or

(b)reject the undertaking and serve on the person who gave the undertaking notice that they have done so.

(3)A suspension order shall cease to have effect on the expiry of one year from the date of its making unless renewed, at the discretion of the local authority, at the expiry of that year; and this subsection shall apply to any suspension order so renewed as it applies to the original order.

(4)A suspension order made or renewed by a local authority may be revoked by them at any time by order if they have reasonable cause to believe that there has been a breach of the undertaking in respect of which it was made or renewed.

(5)Any period—

(a)between the service of the closing order or demolition order and the service of a suspension order or a notice of rejection under subsection (2), and

(b)while a suspension order is in force,

shall be left out of account in reckoning in relation to the closing order or demolition order in question the period of 21 days referred to in sections 129(1) and 130.

118 Service.S

(1)Any order made or notice issued under sections 114 to 117 in respect of a house or building shall be served—

(a)upon the person having control of the house or, as the case may be, the house or houses comprised in the building;

(b)upon any other person who is an owner of the house or, as the case may be, any of those houses;

(c)upon any person holding a heritable security over the house or, as the case may be, any of those houses, unless it appears to the local authority, after exercising their powers under section 325, that there is no such person; and

(d)where an application has been made in relation to the house, or, as the case may be, those houses, under section 116, by a person upon whom the order or notice is not required to be served apart from this paragraph, upon that person.

(2)In subsection (1), references to an owner of, and to any person holding a heritable security over, a building shall be construed as including respectively references to an owner of, and to any person holding a heritable security over, any part of the building.

119 Listed buildings and houses subject to building preservation orders.S

(1)Where apart from this section a local authority would be empowered to make a demolition order under this Part with respect to a building—

(a)in relation to which a building preservation notice served under [F186sections 3 to 5 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997] is in force, or

(b)which is a listed building within the meaning of [F186section 1(4)] of that Act,

they shall not make a demolition order but instead may make a closing order or closing orders under this section in respect of the house or houses comprised in the building.

(2)Where a building to which a demolition order made under this Part by a local authority applies (whether or not that order has become operative) becomes—

(a)subject to a building preservation notice served under [F187the said sections 3 to 5], or

(b)a listed building within the meaning of [F187the said section 1(4)],

the local authority shall revoke the demolition order and may make a closing order or closing orders in respect of the house or houses comprised in the building.

(3)The provisions of sections 114(1), 116, 117 and 118 shall, subject to any necessary modifications, have effect in relation to a closing order made under this section as they have effect in relation to a closing order made under those sections.

Textual Amendments

F186Words in s. 119(1)(a)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 40(2)(a)

F187Words in s. 119(2)(a)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 40(2)(b)

120 Powers of local authority in relation to building consisting wholly of closed houses.S

(1)Where a building consists wholly of houses with respect to which closing orders have become operative and none of those orders has been revoked or is subject to a suspension order, then—

(a)the local authority may revoke the closing orders and make a demolition order under section 115 in respect of the whole building, but section 117 shall not apply to the order; or

(b)the local authority may purchase the land by agreement or may, subject to the provisions of this section, be authorised by the Secretary of State to purchase it compulsorily.

(2)The provisions of the M12Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under subsection (1)(b) as if that subsection had been in force immediately before the commencement of that Act.

(3)The compensation to be paid for land purchased compulsorily under this section shall be assessed by the M13Lands Tribunal in accordance with Land Compensation (Scotland) Act 1963 subject, however, to the provisions of subsections (4) and (5).

(4)The compensation payable under this section shall not (except by virtue of paragraph 3 of Schedule 2 to the said Act of 1963) exceed the value, at the time when the valuation is made, of the site as a cleared site available for development in accordance with the requirements of the building regulations for the time being in force in the district.

(5)The references in subsections (3) and (4) to compensation are references to the compensation payable in respect of the purchase exclusive of any compensation for disturbance or for severance or for injurious affection.

F188(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

121 Local authority may acquire and repair house or building liable to closing or demolition order.S

(1)If, in relation to any house or building to which this section applies, it appears to a local authority that having regard to—

(a)its existing condition;

(b)the needs of the area for the provision of further housing accommodation;

the house or building must remain in use as housing accommodation, they may purchase it.

(2)This section applies to any house or building in respect of which the local authority may make—

(a)a closing order under section 114; or

(b)a demolition order under section 115 or 120(1).

(3)Where a local authority determine to purchase a house or building under subsection (1), they shall serve notice of the determination on every person on whom they would be required under section 118(1) to serve a closing order or a demolition order made in respect of the house or building, and at any time after that notice comes into operation the local authority may purchase the house or building by agreement or may be authorised by the Secretary of State to purchase it compulsorily.

(4)The provisions of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of a house or building under this section as if this section had been in force immediately before the commencement of that Act.

(5)The compensation to be paid for any house or building purchased compulsorily under this section shall be assessed by the Lands Tribunal in accordance with the M14Land Compensation (Scotland) Act 1963 subject, however, to the provisions of subsections (6) and (7).

(6)The compensation payable under this section shall not (except by virtue of paragraph 3 of Schedule 2 to the said Act of 1963) exceed the value, at the time when the valuation is made, of the site as a cleared site available for development in accordance with the requirements of the building regulations for the time being in force in the area.

(7)The references in subsections (5) and (6) to compensation are references to the compensation payable in respect of the purchase exclusive of any compensation for disturbance or for severance or for injurious affection.

(8)A local authority by whom a house or building is purchased under this section shall carry out such works as may in the opinion of the authority from time to time be required for rendering or keeping it capable of being continued in use as housing accommodation.

(9)In respect of any house purchased by a local authority under this section, the authority shall have the like powers and duties as they have in respect of houses provided under Part I.

Marginal Citations

OffencesS

122 Penalty for use of premises in contravention of closing order or of undertaking.S

(1)If any person—

(a)knowing that a closing order made under section 114 or section 119 has become operative and applies to any premises, uses those premises or permits those premises to be used for human habitation without having obtained the consent of the local authority to the use of the premises for that purpose; or

(b)knowing that an undertaking that any premises shall not be used for human habitation has been accepted by the local authority under this Part, uses those premises for human habitation or permits them to be so used,

he shall be guilty of an offence.

(2)Any person guilty of an offence under subsection (1) shall be liable on summary conviction—

(a)to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 3 months or to both such fine and such imprisonment; and

(b)in the case of a continuing offence, to a further fine of £5 for every day or part of a day on which he so uses those premises, or permits them to be so used, after conviction.

Powers of local authority following demolition orderS

123 Procedure where demolition order made.S

(1)When a demolition order has become operative, the owner of the building to which it applies shall demolish the building within the time limited in that behalf by the order; and, if the building is not demolished within that time, the local authority may enter and demolish the building and sell the material thereof.

(2)Any expenses incurred by a local authority under subsection (1), after giving credit for any amount realised by the sale of materials, may be recovered by them from the owner of the building, and any surplus in the hands of the authority shall be paid by them to the owner of the building.

(3)In the application of this section to a demolition order made in respect of a building comprising two or more parts separately owned—

(a)any reference to the owner of the building shall be construed as a reference to the owners of the several parts comprised in the building;

(b)without prejudice to the powers of the local authority under subsection (1), the duty imposed by that subsection on the owners of the several parts comprised in the building to demolish the building shall be regarded as a duty to arrange jointly for the demolition of the building; and

(c)subsection (2) shall have effect subject to the proviso that any sum recoverable or payable by the local authority under that subsection shall be recoverable from or payable to the several owners in such proportions as the owners may agree or, failing agreement, as shall be determined by an arbiter, nominated by the owners or, failing such nomination, nominated on the application of the authority or any of the owners, by the sheriff.

124 Power of local authority to purchase site of demolished building where expenses of demolition cannot be recovered.S

(1)Where a local authority have demolished a building in exercise of the powers conferred on them by section 123 and the expenses thereby incurred by them cannot be recovered by reason of the fact that the owner of the building cannot be found, the authority may be authorised by the Secretary of State to purchase compulsorily the site of the building, including the area of any yard, garden or pertinent belonging to the building or usually enjoyed therewith.

(2)The provisions of the M15Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to a compulsory purchase of land under subsection (1) as if that subsection had been in force immediately before the commencement of that Act.

(3)A local authority shall be entitled to deduct from the compensation payable on the compulsory purchase of the site of a building under this section the amount of the expenses referred to in subsection (1) so far as not otherwise recovered.

F189(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

Demolition of obstructive buildingsS

125 Local authority may by resolution require demolition of obstructive building.S

(1)A local authority may serve upon the owner or owners of a building which appears to the authority to be an obstructive building notice of the time (being some time not less than one month after the service of the notice) and place at which the question of demolishing the building will be considered by the authority.

(2)Where a local authority serve a notice under subsection (1) on an owner of a building, they shall at the same time require him to furnish within two weeks thereafter a written statement specifying the name and address F190... of any person holding a heritable security over the owner’s interest in the building, and the authority shall as soon as may be after receipt of such statement serve on any person whose name is included therein, notice of the time and place at which the question of demolishing the building will be considered.

(3)Any person on whom a notice is served under subsection (1) or (2) shall be entitled to be heard when the question of demolishing the building to which the notice relates is taken into consideration.

(4)If after so taking the matter into consideration the local authority are satisfied that the building is an obstructive building and that the building or any part thereof ought to be demolished, they may pass a resolution that the building or that part thereof shall be demolished and may, by such resolution, require that the building, or such part thereof as is required to be vacated for the purposes of the demolition, shall be vacated within two months from the date on which the resolution becomes operative, and, if they do so, shall serve a copy of the resolution upon the owner or owners of the building.

(5)If any person fails to give to the local authority any information required by them under subsection (2) or knowingly makes any mis-statement with reference thereto, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(6)In this section, the expression “obstructive building” means a building which, by reason only of its contact with, or proximity to, other buildings, is injurious or dangerous to health.

(7)This section shall not apply to a building which is the property of public undertakers, unless it is used for the purposes of a dwelling, showroom or office, or which is the property of a local authority.

Textual Amendments

Modifications etc. (not altering text)

C19S. 125(7) extended (1.3.1996) by 1995 c. 45, ss. 16(1), 18(2), Sch. 4 para. 2(9); S.I. 1996/218, art. 2

126 Effect of resolution for demolition of obstructive building.S

(1)Subject to the provisions of this section, where a local authority have made a resolution and required a building to be vacated under section 125(4), they shall be bound to purchase the building if the owner offers to sell it to them.

(2)On purchasing a building under this section, the local authority shall demolish it as soon as possible after they obtain possession of it.

(3)A local authority shall only be bound to purchase the building if—

(a)the offer is made before the expiry of the period within which the resolution requires it to be vacated; and

(b)the acquisition of the owner’s interest would, apart from section 125, enable them to demolish the building.

(4)The offer to sell shall be at a price to be assessed by the Lands Tribunal in accordance with the M16Land Compensation (Scotland) Act 1963, as modified by Schedule 1, as if it were compensation for compulsory purchase.

(5)If no such offer as is mentioned in subsection (1) is made before the expiry of the said period, the local authority shall, as soon as may be thereafter, carry out the demolition and shall have the like right to sell the materials rendered available thereby as if they had purchased the building.

(6)Where the demolition of a building is carried out under subsection (5), compensation shall be paid by the local authority to the owner in respect of loss arising from the demolition, and that compensation shall, notwithstanding that no land is acquired compulsorily by the authority, be assessed by the Lands Tribunal in accordance with the said Act of 1963, as modified by Schedule I, except that paragraphs (2) to (6) of section 12 of the said Act of 1963 shall not apply and that paragraph (1) of the said section 12 shall have effect with the substitution, for the reference to acquisition, of a reference to demolition.

Marginal Citations

PossessionS

127 Recovery of possession of building or house subject to closing order, etc.S

(1)Where a closing order, a demolition order, or a resolution passed under section 125 has become operative, the local authority shall serve on the occupier of any building or house or any part thereof to which the order or resolution relates a notice—

(a)stating the effect of the order or resolution, and

(b)specifying the date by which the order or resolution requires the building or house to be vacated, and

(c)requiring the occupier to remove from the building or house before the said date or before the expiration of 28 days from the service of the notice, whichever may be the later.

(2)If at any time after the date on which a notice under subsection (1) requires a building or house to be vacated, any person is in occupation of the building or house or of any part of it, the local authority or any owner of the building or house may make a summary application for removal and ejection to the sheriff.

(3)The sheriff may, after requiring service of such additional notice (if any) as he thinks fit, grant warrant for ejection giving vacant possession of the building or house or of the part of it in question to the authority or owner, as the case may be, within such period, not being less than 2 weeks nor more than 4 weeks, as the sheriff may determine.

(4)Subject to subsection (5), any expenses incurred by a local authority under this section in obtaining possession of any building or house or part thereof may be recovered by them from the owner of the building or house.

(5)Subsection (4) does not apply to expenses incurred in obtaining possession of—

(a)premises to which a resolution passed under section 125 applies; or

(b)any other premises unless the owner has failed to make within a reasonable time a summary application for removal and ejection to the sheriff or, having made such an application, has failed to take all steps necessary to have the application disposed of within a reasonable time.

(6)Any person who, knowing that a demolition order or a resolution passed under section 125 has become operative and applies to any building or house, enters into occupation of that building or house or any part of it after the date by which the order or resolution requires that building or house to be vacated, or permits any other person to enter into such occupation after that date, shall be guilty of an offence and shall be liable on summary conviction—

(a)to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 3 months or to both such fine and such imprisonment; and

(b)in the case of a continuing offence to a further fine of £5 for every day, or part of a day, on which the occupation continues after conviction.

128 [F191Recovery of possession of house subject to statutorily regulated tenancy]S

[F192(1)] Nothing in [F193an enactment mentioned in subsection (2)] shall be deemed to affect the provisions of this Act relating to obtaining possession of a house with respect to which a closing order, or a demolition order has been made or to which a resolution passed under section 125 applies, or to prevent possession being obtained—

(a)of any house possession of which is required for the purpose of enabling a local authority to exercise their powers under any enactment relating to housing;

(b)of any house possession of which is required for the purpose of securing compliance with any byelaws made for the prevention of overcrowding;

(c)of any premises by any owner in a case where an undertaking has been given under this Part that those premises shall not be used for human habitation.

[F194(2)The enactments referred to in subsection (1) are—

(a)the Rent (Scotland) Act 1984;

(b)Part II of the Housing (Scotland) Act 1988;

(c)the Private Housing (Tenancies) (Scotland) Act 2016.]

Appeals and date of operation of certain notices, etc.S

129 Appeals.S

(1)Subject to the provisions of this section and subsections (2) [F195to (7)] of section 324 any person aggrieved by—

(a)a closing order made under section 114 or section 119 or a refusal to determine such a closing order;

(b)a demolition order or a refusal to determine a demolition order or a resolution under section 125;

(c)a notice of determination to purchase served under section 121(3);

(d)a notice that no payment falls to be made under section 304(1) served under subsection (2) of that section;

may appeal to the sheriff by giving notice of appeal within 21 days after the date of the service of the notice, or order or resolution, or after the refusal, as the case may be; and no proceedings shall be taken by the local authority to enforce any notice, or order while an appeal against it is pending.

(2)No appeal shall lie under paragraphs (a), (b) or (c) of subsection (1) at the instance of a person who is in occupation of the premises to which the order or resolution or notice relates under a lease or agreement the unexpired term of which does not exceed 6 months.

(3)On an appeal under paragraph (a) or paragraph (b) of subsection (1), the sheriff may consider any undertaking such as is specified in relation to a closing order or a demolition order, as the case may be, in section 117 and, if he thinks it proper to do so having regard to the undertaking, may direct the local authority to make a suspension order under that section.

Textual Amendments

130 Date of operation of notices, orders or resolutions subject to appeal.S

(1)Any notice, or order or resolution against which an appeal might be brought to the sheriff under section 129 shall, if no such appeal is brought, become operative on the expiration of 21 days after the date of the service of the notice, or order or resolution, as the case may be, and shall be final and conclusive as to any matters which could have been raised on such an appeal.

(2)Any such notice or order or resolution against which an appeal is brought shall, if and so far as it is confirmed by the sheriff, become operative as from the date of the determination of the appeal.

Charging ordersS

131 Power of local authority to make charging order in favour of themselves.S

(1)Where a local authority have themselves incurred expenses under section 123 in the demolition of a building, they may make a charging order in favour of themselves in respect of such expenses.

(2)The provisions of Schedule 9 shall, subject to any necessary modifications and to the provisions of subsection (3), apply to a charging order so made.

(3)A charging order so made shall be made in relation to the site of the building demolished, including the area of any yard, garden or pertinent belonging to the building or usually enjoyed therewith.

Modifications etc. (not altering text)

C20S. 131 applied (27.8.1993) by 1993 c. 11, ss. 62(2)(a)(ii), 68(2).

SupplementaryS

132 Protection of superiors and owners.S

F196(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Nothing in this Part shall prejudice or interfere with the rights or remedies of any owner for the breach, non-observance or non-performance of any contract or obligation entered into by a tenant or lessee with reference to any house in respect of which an order or resolution is made by a local authority under this Part; and if any owner is obliged to take possession of any house in order to comply with any such order or resolution the taking possession shall not affect his right to avail himself of any such breach, non-observance or non-performance which may have occurred before he so took possession.

133 Interpretation.S

(1)In this Part (except sections 125, 126 and 132) any reference to a house, or to a building, includes a reference to premises occupied by agricultural workers although such premises are used for sleeping purposes only.

(2)For the purposes of this Part a crofter or a landholder shall be deemed to be the owner of any house on his croft or holding in respect of which he would, on the termination of his tenancy, be entitled to compensation under the Crofters (Scotland) Acts 1955 and 1961 or, as the case may be, the Small Landholders (Scotland) Acts 1886 to 1931, as for an improvement.

SavingS

134 Saving for telecommunication and gas apparatus.S

Paragraph 23 of Schedule 2 to the M17Telecommunications Act 1984 (code for cases where works involve the alteration of apparatus), as applied by paragraph 2(7) of Schedule 7 to the M18Gas Act 1986 to gas apparatus, shall apply to a local authority for the purposes of any works which they are authorised to execute under this Part.

Marginal Citations

PART VIIS OVERCROWDING

Definition of overcrowdingS

135 Definition of overcrowding.S

—A house is overcrowded for the purposes of this Part when the number of persons sleeping in the house is such as to contravene—

(a)the standard specified in section 136 (the room standard), or

(b)the standard specified in section 137 (the space standard).

136 The room standard.S

(1)The room standard is contravened when the number of persons sleeping in a house and the number of rooms available as sleeping accommodation is such that two persons of opposite sexes who are not living together as husband and wife must sleep in the same room.

(2)For this purpose—

(a)children under the age of 10 shall be left out of account, and

(b)a room is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or as a living room.

137 The space standard.S

(1)The space standard is contravened when the number of persons sleeping in a house is in excess of the permitted number, having regard to the number and floor area of the rooms of the house available as sleeping accommodation.

(2)For this purpose—

(a)no account shall be taken of a child under the age of one and a child aged one or over but under 10 shall be reckoned as one-half of a unit, and

(b)a room is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom.

(3)The permitted number of persons in relation to a house is whichever is the less of—

(a)the number specified in Table I in relation to the number of rooms in the house available as sleeping accommodation, and

(b)the aggregate for all such rooms in the house of the numbers specified in column 2 of Table II in relation to each room of the floor area specified in column 1.

No account shall be taken for the purposes of either Table of a room having a floor area of less than 50 square feet.

Table I
Number of roomsNumber of persons
12
23
35
4
5 or more2 for each room
Table II
Floor area of roomNumber of persons
110 sq. ft. or more2
90 sq. ft. or more but less than 110 sq. ft.
70 sq. ft. or more but less than 90 sq. ft.1
50 sq. ft. or more but less than 70 sq. ft.½

(4)The Secretary of State may prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation, or the bringing into computation at a reduced figure, of floor space in a part of the room which is of less than a specified height.

(5)Regulations under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)A certificate of the local authority stating the number and floor areas of the rooms in a house, and that the floor areas have been ascertained in the prescribed manner, is evidence for the purposes of legal proceedings of the facts stated in it.

Powers of Secretary of StateS

138 Secretary of State may increase permitted number of persons temporarily.S

(1)The Secretary of State may, subject to the provisions of this section, increase by order the number of permitted persons in relation to houses to which this section applies or a specified class of those houses.

(2)This section applies to houses consisting of a few rooms, or comprising rooms of exceptional floor area.

(3)The Secretary of State may make an order under this section if he is satisfied on the representation of the local authority that such houses constitute so large a proportion of the housing accommodation in their district, or in any part of it, that it would be impracticable to assess the permitted number of persons in accordance with the provisions of section 137(3).

(4)An order under this section may—

(a)direct that the provisions of section 137(3) are to have effect subject to such modifications for increasing the permitted number of persons as may be specified in the order;

(b)specify the period not exceeding 3 years during which such modifications are to apply;

(c)specify different modifications in relation to different classes of houses.

(5)Any period specified in the order may be extended by the Secretary of State on the application of the local authority.

(6)The Secretary of State shall consult the local authority before varying or revoking an order made under this section, and may vary it in respect of the modifications or of the houses to which the modifications apply or to both.

(7)An order made under this section shall be made by statutory instrument.

Responsibility of occupierS

139 Penalty for occupier causing or permitting overcrowding.S

(1)The occupier of a house who causes or permits it to be overcrowded is guilty of an offence, subject to subsection (2).

(2)The occupier is not guilty of an offence—

(a)if the overcrowding is within the exceptions specified in sections 140 or 141 (children attaining [F197age of one or 10] or temporary visitor), or

(b)by reason of anything done under the authority of, and in accordance with any conditions specified in, a licence granted by the local authority under section 142 or a resolution passed under section 143.

(3)A person committing an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Textual Amendments

140 Exception: children attaining age of 1 or 10.S

(1)Where a house which would not otherwise be overcrowded becomes overcrowded by reason of a child attaining the age of one or 10, the occupier does not commit an offence under section 139(1) (occupier causing or permitting overcrowding), so long as the condition in subsection (2) is met and the occupier does not fail to accept an offer of suitable alternative accommodation or to secure the removal of any person living in the house who is not a member of his family and whose removal is reasonably practicable.

(2)The condition is that all the persons sleeping in the house are persons who were living there when the child attained that age and thereafter continuously live there, or children born after that date of any of those persons.

141 Exception: temporary visitor.S

—The occupier of a house shall not be guilty of an offence under section 139(1) in respect of overcrowding if the overcrowding is caused by a temporary resident whose stay does not exceed 16 days and to whom lodging is given by the occupier otherwise than for gain.

142 Licence of local authority.S

(1)The occupier or intending occupier of a house may apply to the local authority for a licence authorising him to permit a number of persons in excess of the permitted number to sleep in the house.

(2)The authority may grant such a licence if it appears to them that there are exceptional circumstances and that it is expedient to do so; and they shall specify in the licence the number of persons authorised in excess of the permitted number.

(3)The licence shall be in the prescribed form and may be granted either unconditionally or subject to conditions specified in it.

(4)The local authority may revoke the licence at their discretion by notice in writing served on the occupier and specifying a period (at least one month from the date of service) at the end of which the licence will cease to be in force.

(5)Unless previously revoked, the licence continues in force for such period not exceeding twelve months as may be specified in it.

(6)A copy of the licence and of any notice of revocation shall, within seven days of the issue of the licence or the service of the notice on the occupier, be served by the local authority on the landlord (if any) of the house.

143 Exception: holiday visitors.S

(1)A local authority may, for the purpose of providing for a seasonal increase of holiday visitors in their area, pass a resolution authorising—

(a)the occupiers of houses generally;

(b)the occupiers of houses of a specified class,

in their area or any specified part of it to permit such number of persons in excess of the permitted number as may be specified to sleep in those houses during any period it is in force.

(2)Such a resolution—

(a)requires the approval of the Secretary of State;

(b)is subject to such conditions as may be specified in it; and

(c)remains in force during the year in which it is passed for such period or periods not exceeding 16 weeks in the aggregate as it may specify.

Powers and duties of landlordS

144 Offence by landlord not to inform prospective tenant of permitted number of occupants.S

(1)The landlord of a house is guilty of an offence if he lets or agrees to let it to any person without—

(a)giving that person a written statement in the prescribed form of the permitted number of persons in relation to the house, and

(b)obtaining from that person a written acknowledgement in the prescribed form, and

(c)exhibiting the acknowledgement to the local authority on demand by them.

(2)A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(3)A written statement given under subsection (1)(a) shall be treated as being sufficient and correct if it agrees with information given by the local authority under section 148.

145 Recovery of possession of overcrowded house that is let.S

[F198(1)]—If the occupier of a house is guilty of an offence by reason of it being overcrowded—

(a)nothing in [F199an enactment mentioned in subsection (2)] shall prevent the landlord from obtaining possession of the house;

(b)the local authority after giving to the landlord written notice of their intention to do so may take any such steps for the termination of the occupier’s tenancy or for his removal or ejection from the house as the landlord could take.

[F200(2)The enactments referred to in subsection (1) are—

(a)the Rent (Scotland) Act 1984;

(b)Part II of the Housing (Scotland) Act 1988;

(c)the Private Housing (Tenancies) (Scotland) Act 2016.]

Powers and duties of local authorityS

146 Duty of local authority to inspect district and to make reports and proposals as to overcrowding.S

(1)A local authority shall, subject to the provisions of this section, carry out an inspection of their district or any part of it for the purpose of identifying houses that are overcrowded.

(2)An inspection under subsection (1) shall be carried out at such times as—

(a)it appears to the local authority that there is occasion to do so, or

(b)the Secretary of State so directs.

(3)On carrying out such an inspection the local authority shall prepare and submit to the Secretary of State a report indicating—

(a)the result of the inspection, and

(b)the additional housing accommodation required to put an end to overcrowding in the area to which the report relates, and

(c)subject to subsection (5), proposals for its provision, and

(d)in relation to such proposals, a statement of the steps the local authority propose to take to secure that priority is given to rehousing families living under the worst conditions of overcrowding or otherwise living under unsatisfactory housing conditions.

(4)The report shall give such details as the Secretary of State may direct.

(5)The report shall not require to make proposals for the additional housing accommodation required, if the local authority satisfy the Secretary of State that it will be otherwise provided.

(6)Where the Secretary of State gives a direction under subsection (2), he may fix dates before which the performance of their duties under this section is to be completed.

147 Power to require information about persons sleeping in house.S

(1)The local authority may, for the purpose of enabling them to discharge their duties under this Part, serve notice on the occupier of a house requiring him to give them within 14 days a written statement of the number, ages and sexes of the persons sleeping in the house.

(2)The occupier shall be guilty of an offence if—

(a)he makes default in complying with the requirement, or

(b)he gives a statement which to his knowledge is false in a material particular,

and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

148 Duty to give information to landlords and occupiers.S

(1)A local authority shall inform the landlord and the occupier of a house in writing of the permitted number of persons in relation to the house as soon as they have ascertained the floor area of the rooms.

(2)They shall also so inform the landlord or the occupiers if they apply for the information.

149 Power to publish information.S

A local authority may publish information for the assistance of landlords and occupiers of houses as to their rights and duties under this Part.

150 Duty to enforce this Part.S

A local authority shall enforce the provisions of this Part.

151 Interpretation and application.S

(1)In this Part, except where the context otherwise requires—

  • house” means any premises used or intended to be used as a separate dwelling . . . F201;

  • landlord” means, in relation to any house, the person from whom the occupier derives his right to occupy it;

  • suitable alternative accommodation” means, in relation to the occupier of a house, a house in which the occupier and his family can live without causing it to be overcrowded, being a house which the local authority certify to be suitable to the needs of the occupier and his family as respects security of tenure and proximity to place of work and to be suitable in relation to his means.

(2)The provisions of sections 138(1) to (5), [F202139, 140 and 144] apply only to a locality in respect of which a day has been appointed under section 99 of the Housing (Scotland) Act 1966 or under any enactment referred to in that section.

F203PART VIIIS HOUSES IN MULTIPLE OCCUPATION

F203 Registration schemesS

F203152 Registration schemes.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203153 Steps to inform the public about scheme.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203154 Proof of scheme and contents of register.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203155 Power to require information for purposes of scheme.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203 Management codeS

F203156 Power of Secretary of State to make management code.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203157 Power of local authority to apply management code to particular house.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203158 Appeal against making of, or failure to revoke, order under s.157.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203159 Registration of order and of revocation.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203 Powers of local authority to require works to be doneS

F203160 Notice requiring compliance with management code.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203161 Notice requiring compliance with standards.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203162 Notice requiring provision of means of escape from fire.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203163 Appeal against notice requiring execution of works.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203164 Carrying out of works by local authority.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203165 Penalty for failure to execute works.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203 OvercrowdingS

F203166 Local authority may give directions to prevent or reduce overcrowding in house in multiple occupation.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203167 Notice of direction.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203168 Power to require information where notice is in force.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203169 Revocation and variation.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203170 Appeal against refusal.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203 SupplementaryS

F203171 Application of sections 156 to 161 to certain buildings comprising separate dwellings.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203172 Management code to be available for dwellings in certain tenements.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203173 Warrant to authorise entry.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203174 Application to sheriff where consent unreasonably withheld.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203175 Protection of superiors and owners.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203176 Identity and notice under Part VIII.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203177 Statutory tenant to be regarded as lessee, etc.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203 Control ordersS

F203178 Making of control order.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203179 General effect of control order.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203180 Effect of control order on persons occupying house.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203181 Effect of control order in relation to furniture in furnished lettings.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203182 General duties of local authority when control order in force.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203183 Compensation payable to dispossessed proprietor.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203184 Duty to prepare management scheme.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203185 Power of sheriff to modify or determine lease.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203 AppealsS

F203186 Appeal against control order.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203187 Control order revoked on appeal.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203 Expiration and revocation of control order, Et ceteralaetcS

F203188 Expiration of control order, and earlier revocation by local authority or sheriff.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203189 Effect of cessation of control order.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203190 Interpretation of Part VIII.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IXS GOVERNMENT GRANTS AND SUBSIDIES

Housing support grants to local authoritiesS

F204191 Housing support grants: fixing of aggregate amount.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F204192 Apportionment of housing support grants.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F204193 Variation of orders.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants to the Scottish Special Housing Association and other bodiesS

194 Grants payable to the Scottish Special Housing Association and development corporations.S

(1)The Secretary of State may each year make grants, of such amount and subject to such conditions as he may determine, to . . . F205 development corporations in accordance with the provisions of this section.

(2)Grants under this section shall be payable for any year to . . . F206 development corporations in respect of the total net annual expenditure (as approved by the Secretary of State and calculated in accordance with rules made by him with the consent of the Treasury) necessarily incurred for that year by . . . F206 any development corporation—

(a)in providing housing accommodation by—

(i)erecting houses,

(ii)converting any houses or other buildings into houses,

(iii)acquiring houses;

(b)in improving housing accomodation so provided;

(c)in managing and maintaining any housing accommodation so provided or improved;

(d)in improving the amenities of a predominantly residential area;

(e)in providing or converting buildings for use as hostels or as parts of hostels, and in improving, managing and maintaining buildings so provided or converted;

(f)in doing anything ancillary to any of the activities mentioned in paragraphs (a) to (e).

(3)In subsection (2) “improving” includes altering, enlarging or repairing.

195 Grants for affording tax relief to Scottish Special Housing Association.S

(1)The Secretary of State may, on the application of the Association, make grants to the Association for affording relief from—

(a)income tax (other than income tax which the Association is entitled to deduct on making any payment); and

(b)corporation tax.

(2)A grant under this section shall be of such amount, shall be made at such times and shall be subject to such conditions as the Secretary of State thinks fit.

(3)The conditions mentioned in subsection (2) may include conditions for securing the repayment in whole or in part of a grant made to the Association in the event of tax in respect of which the grant was made subsequently being found not to be chargeable or in such other events as the Secretary of State may determine.

(4)An application under this section shall be made in such manner and shall be supported by such evidence as the Secretary of State may direct.

(5)The Commissioners of Inland Revenue and their officers may disclose to the Secretary of State such particulars as he may reasonably require for determining whether a grant should be made under this section or whether a grant so made should be repaid or the amount of such grant or repayment.

196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F207S

197 Financial assistance to voluntary organisations concerned with housing.S

(1)The Secretary of State may, with the consent of the Treasury and upon such terms and subject to such conditions as he may determine, give to a voluntary organisation assistance by way of grant or by way of loan, or partly in the one way and partly in the other, for the purpose of enabling or assisting the organisation to provide training or advice, or to undertake research, or for other similar purposes relating to housing.

(2)In this section “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority or a registered housing association.

Payment of grantsS

198 Payment of grants and accounting provisions.S

(1)Any grant to be paid by the Secretary of State under this Part shall be payable at such times and in such manner as he may determine and subject to such conditions as he may impose.

(2)Without prejudice to the generality of subsection (1), the making of any such payment shall be subject to the making of an application for the payment in such form, and containing such particulars, as the Secretary of State may from time to time determine.

199 Termination of certain exchequer payments to housing authorities.S

Schedule 12 shall have effect for the purpose of terminating certain exchequer payments to housing authorities.

200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F208S

Payment of subsidiesS

201 Payment of subsidies and accounting provisions.S

(1)Any subsidy to be paid by the Secretary of State under this Part shall be payable at such times and in such manner as the Treasury may direct and subject to such conditions as to records, certificates, audit or otherwise, as the Secretary of State may, with the approval of the Treasury, impose.

(2)Without prejudice to the generality of subsection (1), the making of any such payment shall be subject to the making of a claim for the payment in such form, and containing such particulars, as the Secretary of State may from time to time determine.

(3)The aggregate amount of any one subsidy payable under this Part to a housing authority for any year shall be calculated to the nearest pound, by disregarding an odd amount of 50 pence, or less, and by treating an odd amount exceeding 50 pence as a whole pound.

(4)Subsection (1) applies to Exchequer contributions payable under the enactments specified in Schedule 13 as it applies to subsidies paid under this Part, and Schedule 13 shall have effect for the purposes of this subsection.

(5)Schedule 14 shall have effect for the purposes of specifying such Exchequer contributions as may be reduced, suspended or discontinued under section 202(3).

Secretary of State’s power to vary Exchequer contributionsS

202 Power of Secretary of State to reduce, suspend, discontinue or transfer particular Exchequer contributions.S

(1)The Secretary of State may in the circumstances mentioned in subsection (2) reduce the amount of a subsidy to be paid under this Part or suspend or discontinue such payment or part of such payment.

(2)The circumstances are—

(a)where the Secretary of State is satisfied that the local authority has failed to discharge any of their functions;

(b)where the subsidy is payable subject to a condition, and the Secretary of State is satisfied that the condition has not been complied with.

(3)The Secretary of State may, in any of the circumstances mentioned in subsection (5), reduce the amount of any Exchequer contribution being an Exchequer contribution falling to be made under any of the enactments specified in Schedule 14 in respect of a particular subsidised unit, or suspend or discontinue the payment of such Exchequer contributions or part thereof, as he thinks just in those circumstances.

(4)Where an Exchequer contribution is made to a local authority in respect of a subsidised unit in relation to which an annual grant is payable by the authority to a development corporation or a housing association, then, if the amount of the Exchequer contribution is reduced or the payment of the Exchequer contribution or part of it is suspended or discontinued under this section, the authority may reduce the annual grant to a corresponding or any less extent or suspend the payment thereof, for a corresponding period or discontinue the payment, or of a corresponding part, as the case may be.

(5)The circumstances referred to in subsection (3) are—

(a)that the Exchequer contribution is to be made to a local authority and the Secretary of State is satisfied that the authority have failed to discharge any of their duties under this Act or that they have failed to exercise any power mentioned therein in any case where any such power ought to have been exercised;

(b)that the Exchequer contributions fall to be made or the subsidy falls to be paid subject to any conditions and the Secretary of State is satisified that any of those conditions has not been complied with;

(c)that the subsidised unit has been converted, demolished or destroyed;

(d)that the subsidised unit is not fit to be used or has ceased to be used for the purpose for which it was intended;

(e)that the subsidised unit has been sold or has been leased for a stipulated duration exceeding 12 months;

(f)that the subsidised unit has been transferred, whether by sale or otherwise.

(6)Where the Secretary of State’s power under this section to discontinue the payment of the whole or part of any Exchequer contributions to be made to a recipient authority in respect of a particular subsidised unit becomes exercisable in the circumstances mentioned in paragraph (e) or paragraph (f) of subsection (5) and the subsidised unit has become vested in or has been leased to another recipient authority, then, if the Secretary of State exercised that power he may make to that other authority Exchequer contributions of the like amount as he would otherwise have made to the first-mentioned authority if the conditions subject to which the first-mentioned Exchequer contributions fell to be made had been complied with.

(7)In this section—

  • recipient authority” means a local authority, a development corporation [F209or a housing association].

  • the subsidised unit” means the house, hostel or other land in respect of which Exchequer contributions fall to be made, whether they fall to be made in respect of it or its site or in respect of land comprising it or in respect of the cost of any houses, or the acquisition of any land, comprising it.

PART XS HOUSING ACCOUNTS OF LOCAL AUTHORITIES

203 The housing revenue account.S

(1)A local authority shall keep a housing revenue account of the income and expenditure of the authority for each year in respect of the houses, buildings and land specified in Part I of Schedule 15, and Part I shall have effect for that purpose.

(2)A local authority may, with the consent of the Secretary of State, include in or exclude from the housing revenue account any individual house or other property or categories of houses or other properties.

(3)The Secretary of State may make a direction either generally or in relation to specified properties that any category of house or other properties shall be included in or excluded from the housing revenue account of a local authority.

(4)The land in respect of which the local authority are required by subsection (1) to keep a housing revenue account shall not include any land which the local authority have provided expressly for sale for development by another person.

(5)Part II of Schedule 15 shall have effect in relation to the operation of the housing revenue account.

(6)The Secretary of State may, as respects any year, after consultation with such associations of local authorities as appear to him to be concerned, by order amend Schedule 15.

(7)An order under subsection (6) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C21S. 203(1): power to exclude conferred (1.11.2001) by 2001 asp 10, s. 94(2); S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to art. 3)

204 Power of Secretary of State to limit estimated rate fund contributions to housing revenue account.S

(1)The Secretary of State may by order impose, as respects a local authority or class thereof specified in the order, a limit to the amount of contribution out of their general fund which the authority or, as the case may be, an authority of the class may estimate that they will carry to the credit of their housing revenue account for the year specified in the order; and it shall be the duty of the local authority so to estimate that amount as not to exceed that limit.

(2)The limit referred to in subsection (1) may be expressed in whatever way the Secretary of State thinks fit.

(3)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Every local authority shall submit to the Secretary of State an estimate of the income and expenditure an account of which they are obliged, under section 203, to keep in their housing revenue account for the year next following.

(5)In subsection (1), “general fund” means the fund maintained by a local authority under section 93 of the M19Local Government (Scotland) Act 1973.

Marginal Citations

205 The rent rebate account.S

(1)A local authority shall keep a rent rebate account for each year.

(2)The authority shall—

(a)credit that account with the amount of rent rebate subsidy payable to them under section 32 of the M20Social Security and Housing Benefits Act 1982;

(b)debit that account with—

(i)the amount of the authority’s rent rebates for the year, and

(ii)the authority’s costs of administering their rent rebates for the year.

(3)Where for any year a deficit is shown in the account, the local authority shall credit the account in respect of that year with an amount equal to the amount of the deficit.

Marginal Citations

206 The rent allowance account.S

(1)A local authority shall keep a rent allowance account for each year.

(2)The authority shall—

(a)credit that account with the amount of rent allowance subsidy payable to them under section 32 of the Social Security and Housing Benefits Act 1982;

(b)debit that account with—

(i)the amount of the authority’s rent allowances for the year, and

(ii)the authority’s costs of administering their rent allowances for the year.

(3)Where for any year a deficit is shown in the account, the local authority shall credit the account in respect of that year with the amount of the deficit.

207 The slum clearance revenue account.S

(1)A local authority shall keep a slum clearance revenue account for each year.

(2)That account shall include—

(a)the income and expenditure of the authority in respect of houses and other property acquired by them, or appropriated, for the purposes of Parts IV, V or VI other than houses acquired under Part IV for the purpose of bringing it or another house up to the tolerable standard; and

[F210(b)such of the expenditure of the authority in respect of houses and other property, being expenditure not included in paragraph (a), together with any income related to that expenditure as may be approved by the Secretary of State and falls within any of the following categories—

(i)any payment under section 308 (payments to certain owner-occupiers and others in respect of houses not meeting tolerable standard which are purchased or demolished) other than any such payment in respect of an interest in a house which has been purchased by the local authority for the purpose of bringing that house or another house up to the tolerable standard;

(ii)any payment under section 304 (payments in respect of well-maintained houses) other than any such payment in respect of an interest in a house which has been purchased by the local authority for the purpose of bringing that house or another house up to the tolerable standard;

(iii)any payment under section 234(5) or (6) (payment of removal and other allowances to person displaced);

(iv)such other expenditure as the Secretary of State may direct.]

(3)Schedule 16 shall have effect in relation to the slum clearance revenue account.

Textual Amendments

208 Application of receipts from disposal of certain land.S

(1)Any money received by a local authority from the disposal of land to which this section applies shall be applied for a purpose for which the land which was the subject of the transaction was held.

(2)Subsection (1) shall not have effect if the Secretary of State approves the money being applied for another purpose [F211or has made directions under section 13(3)].

(3)Subsection (1) applies to land in respect of which income and expenditure is accounted for—

(a)in the housing revenue account, or

(b)in the slum clearance account.

Textual Amendments

F211Words inserted (retrospectively 9.6.1988) by Housing Act 1988 (c. 50, SIF 61), s. 132(6)(8)

209 Adjustment of accounts on appropriation of land.S

(1)Where land is appropriated by a local authority for the purposes of Parts I or V or on the discontinuance of use for those purposes, such adjustment shall be made in the accounts of the local authority as the Secretary of State may direct.

(2)Any direction under this section may be either a general direction or a direction for any particular case.

(3)Where this section applies, section 25 of the M21Town and Country Planning (Scotland) Act 1959 (which also relates to the adjustment of accounts on appropriation of land) shall not apply.

Marginal Citations

PART XIS RENTS AND SERVICE CHARGES

210 Rents for public sector housing.S

(1)Subject to the provisions of this section, a local authority may charge such reasonable rents as they may determine for the tenancy or occupation of houses provided by them.

(2)A local authority shall from time to time review such rents and make such charges either of rents generally or of particular rents as circumstances may require.

(3)In determining standard rents to which their housing revenue account relates, a local authority shall take no account of the personal circumstances of the tenants.

211 Service charges.S

(1)A local authority shall make a service charge for each year of such amount as they think reasonable in all the circumstances in respect of the following items to which the housing revenue account relates—

(a)any garage, car-port or other car parking facilities provided by them in so far as not included within the terms of the tenancy of a house;

(b)any service provided by them under the terms of the tenancy of a house;

(c)any other item made available under section 3 or 5 or supplied under section 4 for which a charge was made in the financial year 1971-2 under section 139 to 141 of the Act of 1966 and which has continued to be made available or supplied after that year.

(2)The Secretary of State may direct in relation to any service provided under paragraph (b) of subsection (1) either generally or in a particular case that no such service charge shall be made.

(3)Before making any such direction the Secretary of State shall consult—

(a)such associations of local authorities as appear to him to be concerned;

(b)any local authority with whom consultation appears to him to be desirable.

212 Rent increase notice.S

(1)Where an authority lets a house held by it for housing purposes to a tenant it shall be an implied term of the tenancy that the rent or any other charge payable to the authority under the tenancy may be increased by notice (“rent increase notice”) without the tenancy being terminated.

(2)A rent increase notice shall—

(a)be in writing;

(b)specify the increased rent and the date on which it has effect;

(c)be given to the tenant at least 4 weeks before it has effect;

(d)inform the tenant of his right to terminate the tenancy and of the steps to be taken if he wishes to do so;

(e)inform him of the dates by which the notice of removal under section 213 must be received and the tenancy terminated if the increase is not to have effect.

(3)A rent increase notice given in accordance with this section shall have effect unless a removal notice is given in accordance with section 213.

(4)For the purposes of this section an authority is—

(a)a [F212local authority];

(b)a joint board or a joint committee;

(c)a development corporation;

(d)the Scottish Special Housing Association;

[F213(e)Scottish Water]

(5)This section does not apply to a [F214Scottish] secure tenancy.

Textual Amendments

F212Words in s. 212(4)(a) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 152(5)(a); S.I. 1996/323, art. 4

F213S. 212(4)(e) substituted (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 18(3) (with s. 67); S.S.I. 2002/118, art. 2(3) (subject to savings in art. 3)

F214Word in s. 212(5) inserted (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(21); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

213 Removal notice.S

(1)A tenant who has been given a rent increase notice may give the authority a removal notice terminating the tenancy.

(2)The removal notice shall have effect to terminate the tenancy if—

(a)it is given within 2 weeks of the date on which the rent increase notice was given, or such longer period as the notice may specify;

(b)it specifies a date for the termination of the tenancy within 4 weeks after the date on which it is given.

(3)Nothing in the terms of the tenancy (express or implied) shall prevent a tenant giving a removal notice that complies with subsection (2).

PART XIIS HOUSE LOANS AND OTHER FINANCIAL ASSISTANCE

House loans: generalS

F215214 Power of local authority to make advances for the purpose of increasing housing accommodation.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F216215 Requirements as to meeting tolerable standard.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

House loans: special casesS

F217216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F217S. 216 repealed (30.9.2002) by 2001 asp 10, s. 51(3); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F218217 Duty of local authorities to offer loans to meet expenses of improvement of houses in housing action areas.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F219218 Duty of local authority to offer loans to meet expenses of repairs.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Rates of interest on home loansS

219 Local authority home loan interest rates. S

(1)Subject to subsections (2) and (3)—

F220(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any sum secured under any arrangement by which the price or part of the price of a house sold by a local authority is secured by a standard security; and

(c)any sum secured under any security which is taken over by a local authority under a power conferred by section 229 (local authority indemnities for building societies, etc.),

is a variable interest home loan for the purposes of this section.

(2)This section does not apply to an advance made before 3rd October 1980 or to a sum secured in respect of the price of a house agreed to be sold before then or (where subsection 1(c) applies) to a security granted before then.

(3)This section shall not apply to an advance made in implement of a contract constituted by an offer of advance made before that date and an unqualified acceptance of that offer thereafter.

(4)Subject to section 220, a local authority shall, in respect of their variable interest home loans, charge a rate of interest which shall be equal to whichever is the higher of the following—

(a)the standard rate for the time being, as declared by the Secretary of State in accordance with subsection (5);

(b)the locally determined rate calculated in accordance with subsection (6).

(5)In considering what rate to declare as the standard rate for the purposes of subsection (4), the Secretary of State shall take into account interest rates charged by building societies in the United Kingdom and any movement in those rates.

(6)The locally determined rate for the purposes of this section shall be the rate which is necessary to service loan charges on money which is to be applied to making variable interest home loans during the relevant period of six months (referred to in subsection (7)), together with the addition of one quarter per cent. to cover the administration cost of making and managing variable interest home loans.

(7)The locally determined rate, for the purposes of this section, shall be determined by each local authority for the period of 6 months not less than one month before the beginning of the relevant period.

(8)Nothing in this or the following two sections shall affect the operation of section 223(1)(b) (under which a part of certain loans may be free of interest for up to 5 years).

Textual Amendments

F220S. 219(1)(a) repealed (1.4.2010) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 7 (with s. 193); S.S.I. 2009/122, art. 3 (with art. 4F) (as amended (17.3.2010) by S.S.I. 2010/114, art. 2)

Modifications etc. (not altering text)

220 Variation of rate by local authority.S

(1)Where the declaration of a new standard rate or, as the case may be, the determination of a new locally determined rate, affects the rate of interest chargeable under section 219 by a local authority the authority shall, as soon as practicable after such declaration or determination, serve in respect of each of its variable interest home loans a notice on the borrower which shall, as from the appropriate day—

(a)vary the rate of interest payable by him; and

(b)where, as the result of the variation, the amount outstanding under the advance or security would increase if the periodic repayments were not increased, increase the amount of the periodic repayments to such an amount as will ensure that the said outstanding amount will not increase.

(2)In subsection (1), “the appropriate day” means such day as shall be specified in the notice, being—

(a)in the case of a new standard rate, a day not less than 2 weeks, nor more than 6 weeks, after service of the notice; and

(b)in the case of a new locally determined rate, the first day of the relevant period of 6 months.

221 Variation of rate by Secretary of State.S

—Notwithstanding anything contained in sections 219 and 220, but subject to section 230, the Secretary of State may, where he considers that the interest rate charged by a local authority does not satisfy the requirements of section 219(4), direct a local authority—

(a)to charge an interest rate specified in the direction; and

(b)to vary the rate in accordance with the provisions of section 220.

Assistance for first-time buyersS

222Advances to recognised lending institutions to assist first-time buyers.S

(1)The Secretary of State may make advances to recognised lending institutions enabling them to provide assistance to first-time purchasers of house property in Great Britain where—

(a)the purchaser intends to make his home in the property,

(b)finance for the purchase of the property (and improvements, if any) is obtained by means of a secured loan from the lending institution, and

(c)the purchase price is within the prescribed limits.

(2)In this section “prescribed” means prescribed by order of the Secretary of State.

(3)An order—

(a)may prescribe different limits for properties in different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

Modifications etc. (not altering text)

C25Ss. 222–227: power to amend or repeal conferred by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 171(b)(2)

223Forms of assistance and qualifying conditions.S

(1)Assistance under section 222 (assistance for first-time buyers) may be given in the following ways—

(a)the secured loan may be financed by the Secretary of State to the extent of £600 (that amount being normally additional to that which the institution would otherwise have lent, but not so that the total loan exceeds the loan value of the property);

(b)£600 of the total loan may be made free of interest, and of any obligation to repay principal, for up to 5 years from the date of purchase; and

(c)the institution may provide the purchaser with a bonus on his savings (which bonus shall be tax-exempt) up to a maximum of £110, payable towards the purchase or expenses arising in connection with it.

(2)The purchaser qualifies for assistance under subsection (1)(a) and (b) (interest-free loan) by satisfying the following conditions with respect to his own savings—

(a)that he has been saving with a recognised savings institution for at least 2 years preceding the date of his application for assistance,

(b)that throughout the 12 months preceding that date he had at least £300 of such savings, and

(c)that by that date he has accumulated at least £600 of such savings;

and he qualifies for assistance under subsection (1)(c) (bonus on savings) by satisfying the conditions specified in paragraphs (a) and (b) above.

(3)The Secretary of State may allow for the conditions to be relaxed or modified in particular classes of case.

(4)No assistance shall be given in any case unless the amount of the secured loan is at least £1,600 and amounts to not less than 25 per cent. of the purchase price of the property.

(5)The Secretary of State may by order made with the consent of the Treasury—

(a)alter any of the money sums specified in this section;

(b)substitute a longer or shorter period for either or both of the periods mentioned in subsection (2)(a) and (b) (conditions as to savings);

(c)alter the condition in subsection (2)(c) so as to enable the purchaser to satisfy it with lesser amounts of savings and to enable assistance to be given in such a case according to reduced scales specified in the order;

(d)alter the percentage mentioned in subsection (4) (minimum secured loan).

(6)An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

Modifications etc. (not altering text)

C26Ss. 222–227: power to amend or repeal conferred by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 171(b)(2)

224Recognised lending institutions.S

(1)The lending institutions recognised for the purposes of section 222 (assistance for first-time buyers) are—

  • building societies,

  • local authorities,

  • development corporations,

  • The Scottish Special Housing Association,

  • banks,

  • insurance companies, and

  • friendly societies.

(2)The Secretary of State may by order made with the consent of the Treasury—

(a)add to the list in subsection (1), or

(b)direct that a named body shall no longer be a recognised lending institution;

but before making an order under paragraph (b) he shall give an opportunity for representations to be made on behalf of the body concerned.

(3)An order shall be made by statutory instrument.

Modifications etc. (not altering text)

C28Ss. 222–227: power to amend or repeal conferred by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 171(b)(2)

225Recognised savings institutions.S

(1)The savings institutions recognised for the purposes of section 223 (qualifying conditions as to savings) are—

  • building societies,

  • local authorities,

  • banks,

  • friendly societies,

  • the Director of Savings, and

  • the Post Office,

and savings institutions recognised for the purposes of the corresponding provisions in force in England or Wales or Northern Ireland.

In this section and in section 227 those corresponding provisions are—

(a)in relation to England and Wales, sections 445 to 449 of the M22Housing Act 1985;

(b)in relation to Northern Ireland, Part IX of the M23Housing (Northern Ireland) Order 1981.

(2)The Secretary of State may by order made with the consent of the Treasury—

(a)add to the list in subsection (1), or

(b)direct that a named body shall no longer be a recognised savings institution,

but before making an order under paragraph (b) he shall give an opportunity for representations to be made on behalf of the body concerned.

(3)An order shall be made by statutory instrument.

Modifications etc. (not altering text)

C29Ss. 222–227: power to amend or repeal conferred by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 171(b)(2)

Marginal Citations

226Terms of advances and administration.S

(1)Advances to lending institutions under section 222 (assistance for first-time buyers) shall be on such terms as to repayment and otherwise as may be settled by the Secretary of State, with the consent of the Treasury, after consultation with lending and savings institutions or organisations representative of them; and the terms shall be embodied in directions issued by the Secretary of State.

(2)The following matters, among others, may be dealt with in directions issued by the Secretary of State—

(a)the cases in which assistance is to be provided;

(b)the method of determining the loan value of property for the purpose of section 223(1)(a) (limit on total loan);

(c)the method of quantifying bonus by reference to savings;

(d)the considerations by reference to which a person is or is not to be treated as a first-time purchaser of house property;

(e)the steps which must be taken with a view to satisfying the conditions in section 223(2) (conditions as to purchaser’s own savings), and the circumstances in which those conditions are or are not to be treated as satisfied;

(f)the supporting evidence and declarations which must be furnished by a person applying for assistance, in order to establish his qualification for it, and the means of ensuring that restitution is made in the event of it being obtained by false representations;

(g)the way in which amounts paid over by way of assistance are to be repaid to the lending institutions and to the Secretary of State.

(3)The Secretary of State may, to the extent that he thinks proper for safeguarding the lending institutions, include in the terms an undertaking to idemnify the institutions in respect of loss suffered in cases where assistance has been given.

Modifications etc. (not altering text)

C30Ss. 222–227: power to amend or repeal conferred by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 171(b)(2)

227Modifications of building society law and disapplication of provisions of the Restrictive Trade Practices Act 1976 in relation to assistance for first-time buyers.S

(1)So much of an advance by a building society which is partly financed under section 222 (assistance for first-time buyers) or the corresponding English or Northern Ireland provisions as is so financed shall be treated as not forming part of the advance for the purpose of determining—

(a)whether the advance, or any further advance made within two years of the date of purchase, is beyond the powers of the society, and

(b)the classification of the advance, or any such further advance, for the purposes of Part III of the M24Building Societies Act 1986.

[F221(2)Section 16(3) and (5) of the M25Restrictive Trade Practices Act 1976 (recommendations by service supply associations to members) shall not apply to recommendations made to lending institutions and savings institutions about the manner of implementing sections 222 to 226 (assistance for first-time buyers) or the corresponding English or Northern Ireland provisions, provided that the recommendations are made with the approval of the Secretary of State, or as the case may be, the Department of Environment for Northern Ireland, which may be withdrawn at any time on one month’s notice.]

Textual Amendments

F221S. 227: By S.I. 2000/311, art. 44(2) it is provided (1.3.2000) that s. 227(2)(b) is repealed

Modifications etc. (not altering text)

C31Ss. 222–227: power to amend or repeal conferred by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 171(b)(2)

Marginal Citations

F222228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F222S. 228 repealed (1.3.2000) by S.I. 2000/311, arts. 1, 44(3)

Other assistanceS

229 Local authority indemnities for building societies, etc.S

(1)A local authority may, with the approval of the Secretary of State, enter into an agreement with a building society or recognised body under which the authority binds itself to indemnify the building society or recognised body in respect of—

(a)the whole or any part of any outstanding indebtedness of a borrower; and

(b)loss or expense to the building society or recognised body resulting from the failure of the borrower duly to perform any obligation imposed on him by a heritable security.

(2)The agreement may also, where the borrower is made party to it, enable or require the authority in specified circumstances to take an assignation of the rights and liabilities of the building society or recognised body under the heritable security.

(3)Approval of the Secretary of State under subsection (1) may be given generally in relation to agreements which satisfy specified requirements, or in relation to individual agreements, and with or without conditions, as he thinks fit, and such approval may be withdrawn at any time on one month’s notice.

(4)Before issuing any general approval under subsection (1) the Secretary of State shall consult with such bodies as appear to him to be representative of local authorities, and of building societies, and also with the [F223Financial Conduct Authority and the Prudential Regulation Authority] .

F224(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section “recognised body” means a body designated, or of a class or description designated, in an order under this subsection made by statutory instrument by the Secretary of State with the consent of the Treasury.

(7)Before making an order under subsection (6) varying or revoking an order previously so made, the Secretary of State shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.

Textual Amendments

F224S. 229(5) repealed (1.3.2000) by S.I. 2000/311, arts. 1, 44(3)

230 Assistance by local authority for acquiring houses in need of repair and improvement.S

(1)Notwithstanding any other provision of sections 219, 220 and 221, a local authority may, where the conditions set out in subsection (2) are satisifed, give assistance to a person acquiring a house in need of repair or improvement by making provision for waiving or reducing, for a period ending not later than 5 years after the date of an advance of money of the kind mentioned in section 219(1)(a) or of the granting of a security under an arrangement of the kind mentioned in section 219(1)(b), the interest payable on the sum advanced or remaining outstanding under the security, as the case may be.

(2)The conditions mentioned in subsection (1) are that—

(a)the assistance is given in accordance with a scheme which has been approved by the Secretary of State or which conforms with such requirements as may be specified by the Secretary of State by order made by statutory instrument with the consent of the Treasury; and

(b)the person acquiring the house has entered into an agreement with the local authority to carry out, within a period specified in the agreement, works of repair or improvement therein specified.

231 [F225Local loans made by the Treasury] for provision or improvement of housing accommodation.S

(1)The [F226Treasury] may, subject to the provisions of this section, lend money to any person entitled to any land either as owner or as lessee under a lease of which a period of not less than 50 years remains unexpired at the date of the loan for the purpose of constructing or improving, or facilitating or encouraging the construction or improvement of, houses, and any such person may borrow from the [F226Treasury] such money as may be required for the purposes aforesaid.

[F227(1A)Any loan made under subsection (1) is a local loan for the purposes of section 3 of the National Loans Act 1968 (see Schedule 4 to that Act).]

(2)A loan for any of the purposes specified in subsection (1) shall be secured with interest by a heritable security over the land and houses in respect of which that purpose is to be carried out and over such other land and houses, if any, as may be offered as security for the loan.

(3)Any such loan may be made whether the person receiving the loan has or has not power to borrow on bond and disposition in security or otherwise, independently of this Act, but nothing in this Act shall affect any regulation, statutory or otherwise, whereby any company may be restricted from borrowing until a definite portion of capital is subscribed for, taken or paid up.

(4)The following conditions shall apply in the case of any such loan—

(a)the period for repayment shall not exceed 40 years;

(b)no money shall be lent on the security of any land or houses unless the estate or interest therein proposed to be burdened is either ownership or a lease of which a period of not less than 50 years remains unexpired at the date of the loan;

(c)the money lent shall not exceed such proportion as is hereinafter authorised of the value, to be ascertained to the satisfaction of the [F228Treasury], of the estate or interest in the land or houses proposed to be burdened in pursuance of subsection (2); but loans may be made by instalment from time to time as the building of houses or other work on the land so burdened progresses, so, however, that the total loans do not at any time exceed the amount aforesaid; and the heritable security may be granted accordingly to secure such loans so to be made from time to time.

(5)The proportion of such value as aforesaid authorised for the purpose of the loan shall be three-fourths but if the loan exceeds two-thirds of such value, the [F229Treasury] shall require, in addition to such heritable security as is mentioned in subsection (2), such further security as they may think fit.

233 Power of local authority to assist in provision of separate service water pipes for houses.S

(1)A local authority may if they think fit give assistance in respect of the provision of a separate service pipe for a house in their district which has a piped supply of water from a water main, but no separate service pipe.

(2)Subject to this section, the assistance shall be by way of making a grant in respect of all or any part of the expenses incurred in the provision of the separate service pipe.

(3)The reference to expenses in subsection (2) includes, in a case where all or any part of the works required for the provision of the separate service pipe are carried out by [F230Scottish Water] (whether in exercise of default powers or in any other case), a reference to sums payable by the owner of the house, or any other person, to [F230Scottish Water] for carrying out the works.

Textual Amendments

F230Words in s. 233(3) substituted (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para 18(4) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)

234 Financial assistance towards tenants’ removal expenses.S

(1)A local authority shall, in the performance of the functions of management of houses conferred on them by section 17, have power, subject to subsections (2) and (3), in every case where a tenant of a house held by it for housing purposes moves to another house, whether or not that other house is also owned by the local authority—

(a)to pay any expenses of the removal;

(b)where the tenant is purchasing the house, to pay any expenses incurred by him in connection with the purchase other than the purchase price.

(2)Paragraph (b) of subsection (1) shall only apply in a case where a tenant of a house moves to another house of the local authority if that house has never been let.

(3)A local authority may make their payment of expenses in connection with the purchase of a house subject to such conditions as they think fit.

(4)Nothing in this section shall affect the operation of section 34 of the M26Land Compensation (Scotland) Act 1973 (disturbance payments for persons without compensatable interests).

(5)The power conferred on a local authority by subsection (1) to make allowances towards the expenses incurred in removing by persons displaced in consequence of the exercise by the authority of their powers shall include power to make allowances to persons so displaced temporarily in respect of expenses incurred by them in storage of furniture.

(6)Where, as a result of action taken by a local authority under Part IV, the population of the locality is materially decreased, the authority may pay to any person carrying on a retail shop in the locality such reasonable allowance as they may think fit towards any loss which, in their opinion, he will thereby sustain, so, however, that in estimating any such loss they shall have regard to the probable future development of the locality.

Marginal Citations

Contributions to assistance for elderly, etc.S

F231235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F231S. 235 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4

F232PART XIIIS LOCAL AUTHORITY GRANTS FOR IMPROVEMENT, REPAIR AND CONVERSION

Textual Amendments

F232Pt. 13 repealed (1.4.2009 for specified purposes, 1.4.2010 in so far as not already in force) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 7 (with s. 193); S.S.I. 2009/122, art. 3 (with art. 6)

Improvement grantsS

F232236 Power of local authorities to make improvement grants.S

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F232236A Power to make improvement grants: further provisionS

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F232237 Form of application.S

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F232237A Offences in relation to applications for improvement grantS

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F232238 Powers of local authority.S

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F232239 Consent of Secretary of State.S

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F232239A Power of Secretary of State to give directions to prevent duplications of grant.S

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F232240 Conditions for approval of applications for improvement grant other than applications relating exclusively to the provision of standard amenities.S

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F232240A Assessment of applicant’s contributionS

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F232240B Applicant’s contribution: reviewS

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F232241 Approval of application for improvement grant.S

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F232242 Amount of improvement grant.S

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F232243 Payment of improvement grant.S

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F232244 Duty of local authorities to make improvement grants where an application relates exclusively to the provision of standard amenities or to disabled occupant; and amount thereof.S

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F232245 Grants restricted to applicant and his personal representatives.S

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F232246 Conditions to be observed with respect to houses in respect of which an improvement grant has been made, and registration thereof.S

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F232247 Voluntary repayment of improvement grants.S

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Repairs grants.S