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Housing (Scotland) Act 1987

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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 [F1have] effect as if they had been made by the authority under that subsection.

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