Housing (Scotland) Act 1987

Section 294.

SCHEDULE 21 S DWELLINGS INCLUDED IN MORE THAN ONE DESIGNATION

Introductory S

1 S —This Schedule applies in relation to a defective dwelling where the building that the dwelling consists of or includes falls within two or more designations under section 257 (designation by Secretary of State) or 287 (designation under local scheme).

Cases in which later designation to be disregarded S

2 S —Where a person is already eligible for assistance in respect of a defective dwelling at a time when another designation comes into operation, the later designation shall be disregarded if—

(a) he would not be eligible for assistance in respect of the dwelling by virtue of that designation, or

(b) he is by virtue of an earlier designation entitled to assistance by way of repurchase in respect of the dwelling.

In other cases any applicable designation may be relied on S

3 S —Where a person is eligible for assistance in respect of a defective dwelling and there are two or more applicable designations, this Part has effect in relation to the dwelling as if—

(a) references to the designation were to any applicable designation;

(b) references to the provision by virtue of which it is a defective dwelling were to any provision under which an applicable designation was made;

(c) references to the qualifying defect were to any qualifying defect described in an applicable designation;

(d) references to the period within which persons may seek assistance under this Part were to any period specified for that purpose in any applicable designation; and

(e) the reference in section 271(1)(c) (amount of reinstatement grant) to the maximum amount permitted to be taken into account for the purposes of that section were to the aggregate of the maximum amounts for each applicable designation.

Procedure to be followed where later designation comes into operation S

4 S —The following provisions of this Schedule apply where—

(a) notice has been given to a person under section 264 (determination of eligibility) stating that he is in the opinion of the local authority eligible for assistance in respect of a defective dwelling, and

(b) after the notice has been given another designation comes into operation designating a class within which the building that consists of or includes the dwelling falls.

5 (1) The local authority shall, as soon as reasonably practicable, give him notice in writing stating whether in their opinion the new designation falls to be disregarded in accordance with paragraph 2. S

(2) If in their opinion it is to be disregarded the notice shall state the reasons for their view.

6 (1) This paragraph applies where it appears to the authority that the new designation does not fall to be disregarded. S

(2) They shall forthwith give him notice in writing—

(a) stating the effect of the new designation and of paragraph 3 (new designation may be relied on) and sub-paragraph (3) below (entitlement to be redetermined), and

(b) informing him that he has the right to make a claim under section 265(2) (claim that assistance by way of reinstatement grant is inappropriate in his case).

(3) They shall as soon as reasonably practicable—

(a) make a further determination under section 265(1) (determination of form of assistance to which person is entitled), taking account of the new designation, and

(b) give a further notice of determination in place of the previous notice;

and where the determination is that he is entitled to assistance by way of repurchase, the notice shall state the effect of paragraph 7 (cases where reinstatement work already begun or contracted for).

7 (1) This paragraph applies where a person entitled to assistance by way of reinstatement grant is given a further notice of entitlement under paragraph 6 stating that he is entitled to assistance by way of repurchase; and “the reinstatement work” means the work stated in the previous notice or in a notice under section 272 (change of work required). S

(2) Where in such a case—

(a) he satisfies the authority that he has, before the further notice was received, entered into a contract for the provision of services or materials for any of the reinstatement work, or

(b) any such work has been carried out before the further notice was received, and has been carried out to the satisfaction of the appropriate authority,

the previous notice (and any notice under section 272 (change of work required)) continues to have effect for the purposes of reinstatement grant in relation to the reinstatement work or, in a case within paragraph (b), such of that work as has been carried out as mentioned in that paragraph, and the authority shall pay reinstatement grant accordingly.

(3) Where in a case within sub-paragraph (2) the reinstatement work is not completed but part of the work is carried out to the satisfaction of the appropriate authority within the period stated in the notice in question—

(a) the amount of reinstatement grant payable in respect of that part of the work shall be an amount equal to the maximum instalment of grant payable under section 273(2) (instalments not to exceed appropriate percentage of cost of work completed), and

(b) section 274 (repayment of grant in event of failure to complete work) does not apply in relation to reinstatement grant paid in respect of that part of the work.