Housing (Scotland) Act 1987
1987 c. 26 · Extends to Scotland
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] C1
C2C3C4Be 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:—
Annotations to the whole text
Modifications
- C1
Act (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.
- C2
A 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.
- C3
Act: 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
- C4
Act applied (with modifications) (temp. from 30.9.2002) by S.S.I. 2002/318, art. 4(1)(2)
Contents
- Part I: PROVISION OF HOUSING
- Duties and powers of local authorities
- 1Duty of local authority to consider needs of their area for further housing accommodation.
- 2Powers of local authority to provide housing accommodation.
- 3Power of local authority to provide shops, etc., in connection with housing accommodation.
- 4Power of local authority to provide furniture, etc.
- 5Power of local authority to provide board and laundry facilities.
- 5APower of local authority to provide welfare services.
- 5BPower to repeal provisions relating to welfare services.
- 6Duty of local authority to have regard to amenities of locality, etc.
- 7Execution of works by local authority in connection with housing operations outside their area.
- 8Adjustment of differences between local authorities as to carrying out of proposals for provision of housing accommodation.
- Acquisition and disposal of land
- 9Power of local authority to acquire land for, or in connection with, provision of housing accommodation.
- 10Procedure for acquiring land.
- 11Local authority may take possession of land to be acquired by agreement or appropriated for purposes of this Part.
- 12Powers of dealing with land acquired or appropriated for purposes of this Part.
- 12A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 13Power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses, etc.
- 14Powers of local authorities to sell certain houses without consent of Secretary of State.
- 15Power of local authority to enforce obligations against owner for time being of land.
- 16Disposal of land for erection of churches, etc.
- Management and allocation of local authority’s houses
- 17General management and inspection of local authority’s houses.
- Standards and performance in housing management
- 17APublication of information. Repealed
- 17BPower of Secretary of State to direct local authority. Repealed
- 17CManagement plan.
- 18Byelaws for regulation of local authority’s houses.
- 19Admission to housing list
- 20Persons to have priority on housing list and allocation of housing.
- 20ARules on priority of allocation of housing: consultation
- 20BDetermination of minimum period for application to remain in force
- 21Rules relating to the housing list and to transfer of tenants
- Housing co-operatives
- 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 22A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Powers of Scottish Special Housing Association
- 23Improvement of amenities of residential area by development corporations.
- Part II: HOMELESS PERSONS
- Main definitions
- 24Homeless persons and persons threatened with homelessness.
- 25Priority need for accommodation. Repealed
- 26Becoming homeless intentionally.
- 27Meaning of “local connection”.
- Duties of local authorities with respect to homelessness and threatened homelessness
- 28Inquiry into cases of possible homelessness or threatened homelessness.
- 29Interim duty to accommodate ....
- 30Notification of decision and reasons.
- 31Duties to persons found to be homeless.
- 32Duties to persons found to be threatened with homelessness.
- 32APower of the Scottish Ministers to modify application of sections 31 and 32
- 32BHousing support: persons found to be homeless or threatened with homelessness
- 33Referral of application to another local authority.
- 33APower to modify section 33
- 33BStatement on exercise of power to modify section 33
- 34Duties to persons whose applications are referred.
- 35Supplementary provisions.
- 35ARight to request review of decision
- 35BProcedure on review
- 36Protection of property of homeless persons and persons threatened with homelessness.
- Duties of relevant bodies in relation to homelessness
- 36ADuty to ask if a person is homeless or threatened with homelessness
- 36BDuty to act if a person may be homeless
- 36CDuty to act if a person may be threatened with homelessness
- 36DPower of relevant bodies to share information
- 36EDuty to have regard to matters relating to homelessness
- Administrative provisions
- 37Guidance to authorities by the Secretary of State.
- 38Co-operation between authorities.
- Assistance for voluntary organisations
- 39Financial and other assistance for voluntary organisations concerned with homelessness.
- Supplementary provisions
- 40False statements, withholding information and failure to disclose change of circumstances.
- 40AMeaning of homelessness and threatened with homelessness
- 40BPower to modify provision about a person becoming homeless intentionally
- 41Meaning of accommodation available for occupation.
- 42Application of this Part to cases arising in England or Wales.
- 43Minor definitions.
- 43APower to modify the meaning of “relevant body”
- Part III: RIGHTS OF PUBLIC SECTOR TENANTS
- Security of tenure
- 44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Succession
- 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Leases
- 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Subletting
- 55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Repairs and improvements
- 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 58A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Right to buy
- 61Secure tenant’s right to purchase Repealed
- 61ZALimitation on right to purchase: new tenants Repealed
- 61ALimitation on right to purchase from registered social landlords Repealed
- 61BLimitation on right to purchase: pressured areas Repealed
- 61CPressured area proposals: procedure Repealed
- 61DLimitation on right to purchase: arrears of rent, council tax etc. Repealed
- 61ELimitation on right to purchase: conduct Repealed
- 61FLimitation on right to purchase: new supply social housing Repealed
- 62The price. Repealed
- 62A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Procedure
- 63Application to purchase and offer to sell. Repealed
- 63AInformation to be prescribed Repealed
- 64Section 64 Repealed
- 65Variation of conditions. Repealed
- 66Notice of acceptance. Repealed
- 66AAbatement of purchase price on landlord’s failure before contract of sale. Repealed
- 66BAbatement of purchase price on landlord’s failure after contract of sale. Repealed
- 66CProvisions relating to sections 66A and 66B. Repealed
- 67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 68Refusal of applications. Repealed
- Houses provided for special purposes
- 69Secretary of State’s power to authorise refusal to sell certain houses provided for persons of pensionable age. Repealed
- 69APower to refuse to sell houses required for police purposes Repealed
- 70Power to refuse to sell certain houses required for educational purposes. Repealed
- Houses liable to demolition
- 70AAuthorisation of refusal to sell houses liable to demolition Repealed
- Lands Tribunal
- 71Reference to Lands Tribunal. Repealed
- Recoverability of discount
- 72Recovery of discount on early re-sale. Repealed
- 73Cases where discount etc. is not recoverable . Repealed
- Rent to loan scheme
- 73A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 73B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 73C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 73D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 74Duties of landlords. Repealed
- 75Agreements affecting right to purchase. Repealed
- 75A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Powers of Secretary of State
- 77Secretary of State may make provision for vesting in landlord to bring into being tenant’s right to purchase house. Repealed
- 78Secretary of State may give directions to modify conditions of sale. Repealed
- 79Secretary of State may give financial and other assistance for tenants involved in proceedings. Repealed
- 80Secretary of State may make contributions towards the cost of transfers and exchanges. Repealed
- 81Information from landlords in relation to Secretary of State’s powers. Repealed
- Preservation of right to buy on disposal to private sector landlord
- 81A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Consultation before disposal to private sector landlord
- 81B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- General
- 82Interpretation of sections 14, 19 and 20
- 83Members of a person’s family.
- 84Service of notices. Repealed
- 84AApplication of right to buy to cases where landlord is lessee. Repealed
- Part IV: SUB-STANDARD HOUSES
- The tolerable standard
- 85General duty of local authority in respect of houses not meeting tolerable standard.
- 86Definition of house meeting tolerable standard.
- 87Official representation that house does not meet tolerable standard.
- Improvement order
- 88Improvement of houses below tolerable standard outside housing action areas. Repealed
- Housing action areas
- 89Declaration of housing action areas for demolition. Repealed
- 90Declaration of housing action areas for improvement. Repealed
- 91Declaration of housing action areas for demolition and improvement. Repealed
- 92Provisions supplementary to sections 89 to 91. Repealed
- 93Consent to demolition of listed buildings, rehabilitation orders and compensation. Repealed
- Powers of Secretary of State
- 94Functions of Secretary of State, and duty of local authority to publish information. Repealed
- Powers of local authority
- 95Further procedure, powers of local authority on acquisition of land, compensation and agricultural holdings. Repealed
- 96Power of local authority to retain houses subject to demolition for temporary occupation. Repealed
- 97Local authority may control occupation of houses in housing action area. Repealed
- 98Obligation of local authorities in relation to rehousing in housing action areas. Repealed
- Landlords and tenants in housing action areas
- 99Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(a). Repealed
- 100Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(c). Repealed
- 101Application to sheriff for possession where house is identified in accordance with paragraph 1 of Schedule 8 as read with section 92(4)(b). Repealed
- 102Procedure; and application of s.103(1) of Rent (Scotland) Act 1984. Repealed
- 103Certain provisions of Rent (Scotland) Act 1984 not to apply. Repealed
- 104Effect of refusal to make order on validity of resolution. Repealed
- Miscellaneous
- 105Exclusion of houses controlled by Crown. Repealed
- 106Power of local authority to arrange for the execution of works of improvement by agreement with the owner. Repealed
- 107Conditions may be attached to sale of below-standard local authority houses.
- Part V: REPAIR OF HOUSES
- Repair notices
- 108Power of local authority to secure repair of house in state of serious disrepair. Repealed
- 109Recovery by local authority of expenses under s.108. Repealed
- 110Recovery by lessee of proportion of expenses incurred in repairing house. Repealed
- Appeals etc.
- 111Appeals under Part V. Repealed
- 112Date of operation of notices, demands and orders subject to appeal. Repealed
- Landlord and tenant
- 113Obligations to repair. Repealed
- Part VI: CLOSING AND DEMOLITION ORDERS
- Powers of local authority
- 114Closing order.
- 115Demolition order.
- 116Revocation of closing and demolition order.
- 117Undertakings to bring up to tolerable standard and suspension order.
- 118Service.
- 119Listed buildings and houses subject to building preservation orders.
- 120Powers of local authority in relation to building consisting wholly of closed houses.
- 121Local authority may acquire and repair house or building liable to closing or demolition order.
- Offences
- 122Penalty for use of premises in contravention of closing order or of undertaking.
- Powers of local authority following demolition order
- 123Procedure where demolition order made.
- 124Power of local authority to purchase site of demolished building where expenses of demolition cannot be recovered.
- Demolition of obstructive buildings
- 125Local authority may by resolution require demolition of obstructive building.
- 126Effect of resolution for demolition of obstructive building.
- Possession
- 127Recovery of possession of building or house subject to closing order, etc.
- 128Recovery of possession of house subject to statutorily regulated tenancy
- Appeals and date of operation of certain notices, etc.
- 129Appeals.
- 130Date of operation of notices, orders or resolutions subject to appeal.
- Charging orders
- 131Power of local authority to make charging order in favour of themselves.
- Supplementary
- 132Protection of superiors and owners.
- 133Interpretation.
- Saving
- 134Saving for telecommunication and gas apparatus.
- Part VII: OVERCROWDING
- Definition of overcrowding
- 135Definition of overcrowding.
- 136The room standard.
- 137The space standard.
- Powers of Secretary of State
- 138Secretary of State may increase permitted number of persons temporarily.
- Responsibility of occupier
- 139Penalty for occupier causing or permitting overcrowding.
- 140Exception: children attaining age of 1 or 10.
- 141Exception: temporary visitor.
- 142Licence of local authority.
- 143Exception: holiday visitors.
- Powers and duties of landlord
- 144Offence by landlord not to inform prospective tenant of permitted number of occupants.
- 145Recovery of possession of overcrowded house that is let.
- Powers and duties of local authority
- 146Duty of local authority to inspect district and to make reports and proposals as to overcrowding.
- 147Power to require information about persons sleeping in house.
- 148Duty to give information to landlords and occupiers.
- 149Power to publish information.
- 150Duty to enforce this Part.
- 151Interpretation and application.
- Part VIII: HOUSES IN MULTIPLE OCCUPATION Repealed
- Registration schemes Repealed
- 152Registration schemes. Repealed
- 153Steps to inform the public about scheme. Repealed
- 154Proof of scheme and contents of register. Repealed
- 155Power to require information for purposes of scheme. Repealed
- Management code Repealed
- 156Power of Secretary of State to make management code. Repealed
- 157Power of local authority to apply management code to particular house. Repealed
- 158Appeal against making of, or failure to revoke, order under s.157. Repealed
- 159Registration of order and of revocation. Repealed
- Powers of local authority to require works to be done Repealed
- 160Notice requiring compliance with management code. Repealed
- 161Notice requiring compliance with standards. Repealed
- 162Notice requiring provision of means of escape from fire. Repealed
- 163Appeal against notice requiring execution of works. Repealed
- 164Carrying out of works by local authority. Repealed
- 165Penalty for failure to execute works. Repealed
- Overcrowding Repealed
- 166Local authority may give directions to prevent or reduce overcrowding in house in multiple occupation. Repealed
- 167Notice of direction. Repealed
- 168Power to require information where notice is in force. Repealed
- 169Revocation and variation. Repealed
- 170Appeal against refusal. Repealed
- Supplementary Repealed
- 171Application of sections 156 to 161 to certain buildings comprising separate dwellings. Repealed
- 172Management code to be available for dwellings in certain tenements. Repealed
- 173Warrant to authorise entry. Repealed
- 174Application to sheriff where consent unreasonably withheld. Repealed
- 175Protection of superiors and owners. Repealed
- 176Identity and notice under Part VIII. Repealed
- 177Statutory tenant to be regarded as lessee, etc. Repealed
- Control orders Repealed
- 178Making of control order. Repealed
- 179General effect of control order. Repealed
- 180Effect of control order on persons occupying house. Repealed
- 181Effect of control order in relation to furniture in furnished lettings. Repealed
- 182General duties of local authority when control order in force. Repealed
- 183Compensation payable to dispossessed proprietor. Repealed
- 184Duty to prepare management scheme. Repealed
- 185Power of sheriff to modify or determine lease. Repealed
- Appeals Repealed
- 186Appeal against control order. Repealed
- 187Control order revoked on appeal. Repealed
- Expiration and revocation of control order, Et ceteralaetc Repealed
- 188Expiration of control order, and earlier revocation by local authority or sheriff. Repealed
- 189Effect of cessation of control order. Repealed
- 190Interpretation of Part VIII. Repealed
- Part IX: GOVERNMENT GRANTS AND SUBSIDIES
- Housing support grants to local authorities
- 191Housing support grants: fixing of aggregate amount. Repealed
- 192Apportionment of housing support grants. Repealed
- 193Variation of orders. Repealed
- Grants to the Scottish Special Housing Association and other bodies
- 194Grants payable to the Scottish Special Housing Association and development corporations.
- 195Grants for affording tax relief to Scottish Special Housing Association.
- 196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 197Financial assistance to voluntary organisations concerned with housing.
- Payment of grants
- 198Payment of grants and accounting provisions.
- 199Termination of certain exchequer payments to housing authorities.
- 200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Payment of subsidies
- 201Payment of subsidies and accounting provisions.
- Secretary of State’s power to vary Exchequer contributions
- 202Power of Secretary of State to reduce, suspend, discontinue or transfer particular Exchequer contributions.
- Part X: HOUSING ACCOUNTS OF LOCAL AUTHORITIES
- 203The housing revenue account.
- 204Power of Secretary of State to limit estimated rate fund contributions to housing revenue account.
- 205The rent rebate account.
- 206The rent allowance account.
- 207The slum clearance revenue account.
- 208Application of receipts from disposal of certain land.
- 209Adjustment of accounts on appropriation of land.
- Part XI: RENTS AND SERVICE CHARGES
- 210Rents for public sector housing.
- 211Service charges.
- 212Rent increase notice.
- 213Removal notice.
- Part XII: HOUSE LOANS AND OTHER FINANCIAL ASSISTANCE
- House loans: general
- 214Power of local authority to make advances for the purpose of increasing housing accommodation. Repealed
- 215Requirements as to meeting tolerable standard. Repealed
- House loans: special cases
- 216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 217Duty of local authorities to offer loans to meet expenses of improvement of houses in housing action areas. Repealed
- 218Duty of local authority to offer loans to meet expenses of repairs. Repealed
- Rates of interest on home loans
- 219Local authority home loan interest rates.
- 220Variation of rate by local authority.
- 221Variation of rate by Secretary of State.
- Assistance for first-time buyers
- 222Advances to recognised lending institutions to assist first-time buyers.
- 223Forms of assistance and qualifying conditions.
- 224Recognised lending institutions.
- 225Recognised savings institutions.
- 226Terms of advances and administration.
- 227Modifications of building society law and disapplication of provisions of the Restrictive Trade Practices Act 1976 in relation to assistance for first-time buyers.
- 228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Other assistance
- 229Local authority indemnities for building societies, etc.
- 230Assistance by local authority for acquiring houses in need of repair and improvement.
- 231Local loans made by the Treasury for provision or improvement of housing accommodation.
- 233Power of local authority to assist in provision of separate service water pipes for houses.
- 234Financial assistance towards tenants’ removal expenses.
- Contributions to assistance for elderly, etc.
- 235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part XIII: LOCAL AUTHORITY GRANTS FOR IMPROVEMENT, REPAIR AND CONVERSION Repealed
- Improvement grants Repealed
- 236Power of local authorities to make improvement grants. Repealed
- 236APower to make improvement grants: further provision Repealed
- 237Form of application. Repealed
- 237AOffences in relation to applications for improvement grant Repealed
- 238Powers of local authority. Repealed
- 239Consent of Secretary of State. Repealed
- 239APower of Secretary of State to give directions to prevent duplications of grant. Repealed
- 240Conditions for approval of applications for improvement grant other than applications relating exclusively to the provision of standard amenities. Repealed
- 240AAssessment of applicant’s contribution Repealed
- 240BApplicant’s contribution: review Repealed
- 241Approval of application for improvement grant. Repealed
- 242Amount of improvement grant. Repealed
- 243Payment of improvement grant. Repealed
- 244Duty 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. Repealed
- 245Grants restricted to applicant and his personal representatives. Repealed
- 246Conditions to be observed with respect to houses in respect of which an improvement grant has been made, and registration thereof. Repealed
- 247Voluntary repayment of improvement grants. Repealed
- Repairs grants. Repealed
- 248Repairs grants. Repealed
- Grants for fire escapes Repealed
- 249Grants for fire escapes for houses in multiple occupation. Repealed
- Grants for houses in housing action areas Repealed
- 250Application of this Part to houses situated in a housing action area and power of local authority to give repairs grants in such areas and amount thereof. Repealed
- Improvement of energy efficiency and safety Repealed
- 250AEncouragement of works to improve energy efficiency and safety Repealed
- Improvement of amenity grants Repealed
- 251Powers of local authority for improvement of amenities. Repealed
- Grants for thermal insulation Repealed
- 252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 254, 255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Agricultural tenants, etc. Repealed
- 256Application of this Part to agricultural tenants, etc. Repealed
- 256AApplication of this Part to the Scottish Ministers Repealed
- Part XIV: ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING Repealed
- Eligibility for assistance Repealed
- 257Designation of defective dwellings by Secretary of State. Repealed
- 258Variation or revocation of designation. Repealed
- 259Conditions of eligibility. Repealed
- 260Exceptions to eligibility. Repealed
- 261Construction of references to disposal, etc. Repealed
- Determination of entitlement Repealed
- 262Application for assistance. Repealed
- 263Application not to be entertained where grant application pending or approved. Repealed
- 264Determination of eligibility. Repealed
- 265Determination of form of assistance to which applicant is entitled. Repealed
- 266Conditions for assistance by way of reinstatement grant. Repealed
- 267Meaning of “work required for reinstatement” and “associated arrangement”. Repealed
- 268Notice of determination. Repealed
- Assistance by way of reinstatement grant Repealed
- 269Reinstatement grant. Repealed
- 270Conditions of payment of reinstatement grant. Repealed
- 271Amount of reinstatement grant. Repealed
- 272Changes in work or expenditure. Repealed
- 273Payment of reinstatement grant. Repealed
- 274Repayment of grant for breach of condition. Repealed
- Assistance by way of repurchase Repealed
- 275Repurchase. Repealed
- 276Repurchase by authority other than local authority. Repealed
- 277Interest subject to right of pre-emption, etc. Repealed
- 278Compulsory purchase compensation to be made up to 95 per cent. of defect-free value. Repealed
- 279Supplementary provisions as to payments under s.277 or 278. Repealed
- 280Reimbursement of expenses incidental to repurchase. Repealed
- Effect of repurchase on occupier Repealed
- 281Effect of repurchase on certain existing tenancies. Repealed
- 282Grant of tenancy to former owner-occupier. Repealed
- 283Grant of tenancy to former statutory tenant. Repealed
- 284Alternative accommodation under s.282 or 283. Repealed
- 285Request for tenancy under s.282 or 283. Repealed
- 286Interpretation of ss.281 to 285. Repealed
- Local schemes Repealed
- 287Designation of defective dwellings under local schemes. Repealed
- 288Variation or revocation of designation under local schemes. Repealed
- 289Secretary of State’s control over designation, variation or revocation. Repealed
- Miscellaneous Repealed
- 290Duty of local housing authority to publicise availability of assistance. Repealed
- 291Duties of public sector authority disposing of defective dwelling. Repealed
- 292Reinstatement of defective dwelling by local authority. Repealed
- 293Death of person eligible for assistance, etc. Repealed
- 294Dwellings included in more than one designation. Repealed
- 295Application of Act in relation to lenders on security of defective dwelling. Repealed
- 296, 297. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Supplementary provisions Repealed
- 298Service of notices. Repealed
- 299Jurisdiction of sheriff in Scotland. Repealed
- 300Meaning of “public sector authority”. Repealed
- 301Disposal of certain Crown interests in land treated as disposal by public sector authority. Repealed
- 302Meaning of “dwelling” and “house”. Repealed
- 303Interpretation. Repealed
- Part XV: COMPENSATION PAYMENTS
- Payments for well-maintained houses.
- 304Payments in respect of well-maintained houses subject to closing orders etc.
- 305Payments in respect of well-maintained houses subject to compulsory purchase as not meeting the tolerable standard.
- 306Calculation of amount payable for well- maintained houses.
- Repayment of certain payments
- 307Repayment of payments made in connection with closing or demolition order when revoked.
- Payments for houses not meeting tolerable standard
- 308Right to and amount of payments for house not meeting tolerable standard.
- 309Right of parties to certain agreements secured on, or related to, houses not meeting the tolerable standard to apply to sheriff for adjustment of the agreements.
- 310Provisions as to house subject to heritable security or purchased by instalments.
- 311Interpretation of sections 308 to 310.
- Payments to other local authorities
- 312Payment of purchase money or compensation by one local authority to another.
- Part XVI: GENERAL AND MISCELLANEOUS
- Byelaws
- 313Byelaws with respect to houses in multiple occupation.
- 314Byelaws with respect to accommodation for agricultural workers.
- 315Byelaws with respect to accommodation for seasonal workers.
- 316Confirmation of byelaws.
- Entry
- 317Power of entry for survey, etc.
- Offences
- 318Penalty for obstructing execution of Act.
- 319Penalty for preventing execution of works, etc.
- 320Penalty for damage to houses, etc.
- 321Liability of directors, etc. in case of offence by body corporate.
- Powers of sheriff for housing purposes
- 322Sheriff may determine lease in certain cases.
- 323Sheriff may authorise superior to execute works, etc.
- 324Procedure on applications and appeals to sheriff.
- Service
- 325Occupier or tenant may be required to state interest.
- 326Service by description on certain persons whose identity is unknown and on a number of persons of one description.
- Landlord’s identity
- 327Disclosure of landlord’s identity.
- 328Duty to inform tenant of assignation of landlord’s interest.
- Powers of Secretary of State
- 329Power of Secretary of State in event of failure of local authority to exercise powers.
- 330Power of Secretary of State to prescribe forms, etc.
- 331Regulations: procedure.
- 332Secretary of State’s power to dispense with advertisements and notices.
- 333Local inquiries.
- Miscellaneous
- 334Power of heir of entail to sell land for housing purposes. Repealed
- 335Crown rights.
- 336Limitation on liability of trustee etc. for expenses incurred by local authority.
- 337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 338Interpretation.
- 339Minor and consequential amendments, transitional provisions and repeals.
- 340Citation, commencement and extent.
- Schedule 1: RULES AS TO ASSESSMENT OF COMPENSATION WHERE LAND PURCHASED COMPULSORILY IN CERTAIN CIRCUMSTANCES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 2: TENANCIES WHICH ARE NOT SECURE TENANCIES
- Premises occupied under contract of employment
- 1Paragraph 1
- Temporary letting to person seeking accommodation
- 2Paragraph 2
- Temporary letting pending development
- 3Paragraph 3
- Temporary accommodation during works
- 4Paragraph 4
- Accommodation for homeless persons
- 5Paragraph 5
- Accommodation for asylum-seekers
- 5AParagraph 5A
- Agricultural and business premises
- 6Paragraph 6
- Police and fire authorities
- 7Paragraph 7
- Houses part of, or within curtilage of, certain other buildings
- 8Paragraph 8
- Schedule 3: GROUNDS FOR RECOVERY OF POSSESSION OF HOUSES LET UNDER SECURE TENANCIES
- Part I: GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part II: SUITABILITY OF ACCOMMODATION
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 4: TERMS OF SECURE TENANCY RELATING TO SUBLETTING, ETC.
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 5: TERMS OF SECURE TENANCY RELATING TO ALTERATIONS, ETC TO HOUSE
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 6: VESTING ORDER UNDER SECTION 77: MODIFICATION OF ENACTMENTS
- The Town and Country Planning (Scotland) Act 1997 (c. 8)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- The Land Compensation (Scotland) Act 1963 (c.51)
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 6A
- Disposals to which this Schedule applies
- 1Paragraph 1
- Application for Secretary of State’s consent
- 2Paragraph 2
- Requirements as to consultation
- 3Paragraph 3
- Power to require further consultation
- 4Paragraph 4
- Consent to be withheld if majority of tenants are opposed
- 5Paragraph 5
- Protection of purchasers
- 6Paragraph 6
- Schedule 7 Repealed
- Part I: CONSENT TO DEMOLITION OF LISTED BUILDINGS IN HOUSING ACTION AREAS, ETC. Repealed
- Buildings subject to compulsory purchase orders for demolition subsequently listed Repealed
- 1Paragraph 1 Repealed
- Buildings acquired by agreement for demolition subsequently listed Repealed
- 2Paragraph 2 Repealed
- Part II: REHABILITATION ORDERS Repealed
- Application and effect of rehabilitation orders Repealed
- 3Paragraph 3 Repealed
- Miscellaneous provisions relative to rehabilitation orders Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Procedure for making and confirming rehabilitation orders Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- Interpretation of this Part of this Schedule Repealed
- 12Paragraph 12 Repealed
- Part III: APPLICATION OF ENACTMENTS RELATING TO COMPENSATION ON COMPULSORY PURCHASE, ETC., TO CASES UNDER PART I OR PART II OF THIS SCHEDULE Repealed
- Compensation Repealed
- 13Paragraph 13 Repealed
- Extension of time limits for exercising powers under certain compulsory purchase orders Repealed
- 14Paragraph 14 Repealed
- Schedule 8 Repealed
- Part I: HOUSING ACTION AREAS Repealed
- Procedure after publication of draft resolution Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Part II: POWERS OF LOCAL AUTHORITY IN RELATION TO ACQUISITION OF LAND FOR HOUSING ACTION AREAS Repealed
- 3Paragraph 3 Repealed
- Land adjoining housing action area Repealed
- 4Paragraph 4 Repealed
- Further provisions relating to acquisition of land Repealed
- 5Paragraph 5 Repealed
- Land belonging to local authority Repealed
- 6Paragraph 6 Repealed
- Local authority may take possession of land Repealed
- 7Paragraph 7 Repealed
- Local authority may sell or lease land Repealed
- 8Paragraph 8 Repealed
- Extinction of rights of way servitudes, et ceteralaetc. Repealed
- 9Paragraph 9 Repealed
- Provisions as to apparatus of public undertakers Repealed
- 10Paragraph 10 Repealed
- Saving for telecommunication apparatus, et ceteralaetc. Repealed
- 11Paragraph 11 Repealed
- Part III: COMPENSATION IN RESPECT OF LAND ACQUIRED COMPULSORILY Repealed
- 12Paragraph 12 Repealed
- Part IV: ADJUSTMENT OF RELATIONS BETWEEN LESSORS AND LESSEES OF AGRICULTURAL HOLDINGS, ETC. Repealed
- 13Paragraph 13 Repealed
- Schedule 9: RECOVERY OF EXPENSES BY CHARGING ORDER
- 1Paragraph 1
- 2Paragraph 2
- 2AParagraph 2A
- 2BParagraph 2B
- 3Paragraph 3
- 3AParagraph 3A
- 3BParagraph 3B
- 4Paragraph 4
- 5Paragraph 5
- 5AParagraph 5A
- 6Paragraph 6 Repealed
- 7Paragraph 7
- 8Paragraph 8
- Schedule 10: LANDLORD’S REPAIRING OBLIGATIONS Repealed
- Obligations to repair Repealed
- 1Paragraph 1 Repealed
- Application of paragraph 1 to houses occupied by agricultural workers otherwise than as tenants Repealed
- 2Paragraph 2 Repealed
- Repairing obligations in short leases of houses Repealed
- 3Paragraph 3 Repealed
- Application of paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Restriction on contracting out Repealed
- 5Paragraph 5 Repealed
- Schedule 11: HOUSES IN MULTIPLE OCCUPATION: CONTROL ORDERS Repealed
- Part I: MANAGEMENT SCHEMES Repealed
- 1Paragraph 1 Repealed
- Recovery by local authority of capital expenditure Repealed
- 2Paragraph 2 Repealed
- Part II: APPEAL AND REVIEW Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Powers of court to restrict recovery of possession Repealed
- 7Paragraph 7 Repealed
- Part III: CONSEQUENCES OF CESSATION OF CONTROL ORDER Repealed
- Transfer of landlord’s interest in tenancies and agreements Repealed
- 8Paragraph 8 Repealed
- Cases where leases have been modified while control order was in force Repealed
- 9Paragraph 9 Repealed
- Interpretation Repealed
- 10Paragraph 10 Repealed
- Part IV: RECOVERY OF EXPENSES BY LOCAL AUTHORITY EXECUTING WORKS UNDER SECTION 164 Repealed
- 11Paragraph 11 Repealed
- Schedule 12: TERMINATION OF EXCHEQUER PAYMENTS TO LOCAL AUTHORITIES AND CERTAIN PERIODICAL PAYMENTS TO OTHER PERSONS
- 1Paragraph 1
- 2Paragraph 2
- IPayments to local authorities
- IIPayments to the Scottish Special Housing Association and development corporations
- III. . .
- Schedule 13ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS
- Schedule 14ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS THAT MAY BE REDUCED, SUSPENDED OR DISCONTINUED
- Schedule 15: THE HOUSING REVENUE ACCOUNT
- Part I: APPLICATION OF ACCOUNT
- 1Paragraph 1
- Part II: OPERATION OF ACCOUNT
- Credits
- 2Paragraph 2
- Debits
- 3Paragraph 3
- 4Paragraph 4
- Provision of welfare services
- 4AParagraph 4A
- Supplemental
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 16: THE SLUM CLEARANCE REVENUE ACCOUNT
- Credits
- 1Paragraph 1
- 2Paragraph 2
- Debits
- 3Paragraph 3
- Supplemental
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 17: CONDITIONS RELATING TO HOUSE LOANS Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- Schedule 18: STANDARD AMENITIES Repealed
- ILIST OF AMENITIES AND MAXIMUM ELIGIBLE AMOUNTS Repealed
- Part II: LIMIT ON AMOUNT OF APPROVED EXPENSES FOR STANDARD AMENITIES Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Schedule 19: CONSEQUENCES OF BREACH OF CONDITIONS OF IMPROVEMENT GRANT Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- Schedule 20: ASSISTANCE BY WAY OF REPURCHASE Repealed
- Part I: THE AGREEMENT TO REPURCHASE Repealed
- The interest to be acquired Repealed
- 1Paragraph 1 Repealed
- Request for notice of proposed terms of acquisition Repealed
- 2Paragraph 2 Repealed
- Authority’s notice of proposed terms Repealed
- 3Paragraph 3 Repealed
- Unreasonable terms Repealed
- 4Paragraph 4 Repealed
- Appeal Repealed
- 5Paragraph 5 Repealed
- Notice of acceptance Repealed
- 6Paragraph 6 Repealed
- Extensions Repealed
- 7Paragraph 7 Repealed
- Interest acquired to be treated as if acquired under Part I Repealed
- 8Paragraph 8 Repealed
- Part II: PRICE PAYABLE AND VALUATION Repealed
- The price Repealed
- 9Paragraph 9 Repealed
- The value Repealed
- 10Paragraph 10 Repealed
- Determination of value Repealed
- 11Paragraph 11 Repealed
- Certain grant conditions cease to have effect Repealed
- 12Paragraph 12 Repealed
- Schedule 21: DWELLINGS INCLUDED IN MORE THAN ONE DESIGNATION Repealed
- Introductory Repealed
- 1Paragraph 1 Repealed
- Cases in which later designation to be disregarded Repealed
- 2Paragraph 2 Repealed
- In other cases any applicable designation may be relied on Repealed
- 3Paragraph 3 Repealed
- Procedure to be followed where later designation comes into operation Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Schedule 22: TRANSITIONAL PROVISIONS AND SAVINGS
- Part I: TRANSITIONAL PROVISIONS
- General
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Persons holding office
- 6Paragraph 6
- Security of tenure of tenants of regional councils, etc.
- 7Paragraph 7
- Part II: SAVINGS
- General saving for old transitional provisions
- 8Paragraph 8
- General saving for old savings
- 9Paragraph 9
- Transfers under section 14 of the Housing (Homeless Persons) Act 1977
- 10Paragraph 10
- Use of existing forms, etc.
- 11Paragraph 11
- Secure tenant: reimbursement of cost of work done before 3rd October 1980
- 12Paragraph 12
- Contributions under sections 106 and 121 of the Housing (Scotland) Act 1950 (c.34) and section 14 of the Housing (Scotland) Act 1962 (c.28)
- 13Paragraph 13
- Schedule 23: MINOR AND CONSEQUENTIAL AMENDMENTS
- General
- 1Paragraph 1 Repealed
- 2Paragraph 2
- The Crofters Holdings (Scotland) Act 1886 (c. 29)
- 3Paragraph 3
- The Sheriff Courts (Scotland) Act 1907 (c. 51)
- 4Paragraph 4
- The Crofters (Scotland) Act 1955 (c. 21)
- 5Paragraph 5
- The Clean Air Act 1956 (c. 52)
- 6Paragraph 6 Repealed
- The Coal Mining (Subsidence) Act 1957 (c. 59)
- 7Paragraph 7 Repealed
- The Building (Scotland) Act 1959 (c. 24)
- 8Paragraph 8 Repealed
- The Pipe-lines Act 1962 (c. 58)
- 9Paragraph 9
- The Land Compensation (Scotland) Act 1963 (c. 51)
- 10Paragraph 10
- The Local Government (Scotland) Act 1966 (c.51)
- 11Paragraph 11
- The National Loans Act 1968 (c.13)
- 12Paragraph 12
- The New Towns (Scotland) Act 1968 (c.16)
- 13Paragraph 13
- The Clean Air Act 1968 (c.62)
- 14Paragraph 14 Repealed
- The Post Office Act 1969 (c.48)
- 15Paragraph 15
- The Local Authority Social Services Act 1970 (c.42)
- 16Paragraph 16
- The Chronically Sick and Disabled Persons Act 1970 (c.44)
- 17Paragraph 17
- The Town and Country Planning (Scotland) Act 1972 (c.52)
- 18Paragraph 18 Repealed
- The Land Compensation (Scotland) Act 1973 (c.56)
- 19Paragraph 19
- The Local Government (Scotland) Act 1973 (c.65)
- 20Paragraph 20
- Consumer Credit Act 1974 (c.37)
- 21Paragraph 21
- Land Tenure Reform (Scotland) Act 1974 (c.38)
- 22Paragraph 22
- Local Government (Scotland) Act 1975 (c.30)
- 23Paragraph 23 Repealed
- The National Health Service (Scotland) Act 1978 (c.29)
- 24Paragraph 24
- The Local Government, Planning and Land Act 1980 (c.65)
- 25Paragraph 25
- The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)
- 26Paragraph 26
- The Local Government and Planning (Scotland) Act 1982 (c.43)
- 27Paragraph 27
- The Civic Government (Scotland) Act 1982 (c.45)
- 28Paragraph 28
- The Rent (Scotland) Act 1984 (c.58)
- 29Paragraph 29
- The Housing Act 1985 (c.68)
- 30Paragraph 30
- The Housing Associations Act 1985 (c.69)
- 31Paragraph 31
- Airports Act 1986 (c.31)
- 32Paragraph 32
- Schedule 24REPEALS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4