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The Housing (Scotland) Act 2006 (Commencement No. 7, Savings and Transitional Provisions) Order 2009

S.S.I. 2009/122 · Made 24 March 2009 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 17 March 2010.

HOUSING

Made 24th March 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 191(2) and 195(3) of the Housing (Scotland) Act 2006f1.

Annotations to the whole text

Footnotes

f1

2006 asp 1.

Contents

  1. 1Citation
  2. 2Interpretation
  3. 3Commencement of Provisions
  4. 4Savings and Transitional Provisions
  5. 4AArticle 4A
  6. 4BArticle 4B
  7. 4CArticle 4C
  8. 4DArticle 4D
  9. 4EArticle 4E
  10. 4FArticle 4F
  11. 5Article 5
  12. 6Article 6
  13. 7Article 7
  14. Signature
  15. Explanatory note

1CitationI1

This Order may be cited as the Housing (Scotland) Act 2006 (Commencement No. 7, Savings and Transitional Provisions) Order 2009.

2InterpretationI1

In this Order–

  • “the 2006 Act” means the Housing (Scotland) Act 2006; and

  • “the 1987 Act” means the Housing (Scotland) Act 1987f1.

3Commencement of ProvisionsI1

The day appointed for the coming into force of the provisions of the 2006 Act specified in Column 1 of the Table below is as shown in Column 2, but where a particular purpose is specified in relation to any provision in Column 3, that provision shall come into force on that day only for that purpose.

Table

Column 1Column 2Column 3
Sections 1 to 11, 30 to 35, 40 to 51, 59(1) and (6), 62, 65(6), 68, 69, 71 to 97, 181(1)(a), (b), (d) and (e) and (3) and schedule 11st April 2009
Section 1921st April 2009Only for the purpose of giving effect to the consequential changes in schedule 6 and the repeals in schedule 7 listed in this Order
Schedule 6, paragraphs 1 to 3, 6, 9, 10, 12, 14 and 20 to 221st April 2009
Schedule 71st April 2009Only for the purposes of the repeals in the Caravan Sites and Control of Development Act 1960 (c. 62), the repeal in the Housing (Scotland) Act 1987 (c. 26) of section 244(1) to (5), (9), (10) and (13) in Part 13, the repeal in section 338(1) of that Act of the definition of “standard amenities” and the repeal of paragraph 1 of Schedule 23 to that Act, and the repeals in the Housing Act 2004 (c. 34)
Schedule 6, paragraph 111st April 2010
Schedule 71st April 2010Only for the purpose of the repeals in the Land Compensation (Scotland) Act 1973 (c. 56), the Civic Government (Scotland) Act 1982 (c. 45), the Housing (Scotland) Act 1987 (c. 26), but only the repeals in that Act of sections 85(3), 88 to 106, 108 to 112, 120(6), 124(4), 214, 215, 217, 218, 219(1)(a), in Part 13 sections 236 to 243, 244(7), (12) and (14) and 245 to 256A, in sections 309(1) and 310 the word “88”, section 311(1)(e), section 313(4), in section 319(1) in paragraph (a) the words from second “any” to “Part V or”, in section 338(1) the definitions of “disabled occupant” “housing action area”, “improvement”, “improvement grant”, “repairs grant” and Schedules 7, 8, 17 and 19, the Housing (Scotland) Act 1988 (c. 43), the Local Government Act 1988 (c. 9), the Local Government and Housing Act 1989 (c. 42), the Agricultural Holdings (Scotland) Act 1991 (c. 55), the Clean Air Act 1993 (c. 11), the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), the Housing (Scotland) Act 2001 (asp 10)

4Savings and Transitional ProvisionsI1

Notwithstanding the repeal of sections 89 to 106 (housing action areas) and Schedules 8 and 19 to the 1987 Act, those provisions shall continue to have effect until 1st April 2012 in respect of any housing action area declared before 1st April 2010.

4AF1

Notwithstanding the repeal of sections 108 and 109 (repair notices) of the 1987 Act, those sections shall continue to have effect until 1st April 2012 in respect of repair notices served before 1st April 2010.

4BF1

Notwithstanding the repeal of section 110 (recovery by lessee of expenses etc.) of the 1987 Act, that section shall continue to have effect in respect of expenditure incurred in complying with a repair notice served before 1st April 2010, and payment of the expenses of a local authority who has carried out the works specified in such a repair notice.

4CF1

Notwithstanding the repeal of section 111 (appeals) of the 1987 Act, that section shall continue to have effect in respect of—

(a)

a repair notice served before 1st April 2010;

(b)

a demand for the recovery of expenses incurred by a local authority in executing works, specified in a repair notice served before 1st April 2010;

(c)

an order made by a local authority with respect to any such expenses; and

(d)

a charging order made under Schedule 9 to the 1987 Act with respect to any such expenses.

4DF1

Notwithstanding the repeal of section 112 (date of operation of notices etc.) of the 1987 Act, that section shall continue to have effect in respect of any notice, demand or order against which an appeal might be brought under section 111 of the 1987 Act (as it has effect by virtue of article 4C of this Order).

4EF1

Notwithstanding the repeal of sections 108, 109, 111 and 112 (repair notices) of the 1987 Act, those sections shall continue to have effect for the purposes of paragraph 11 of Schedule 11 (recovery of expenses by local authority executing works under s.164) to the 1987 Act.

4FF1

Notwithstanding the repeal of section 219(1)(a) (interest rates on home loans) of the 1987 Act, that subsection shall continue to have effect in respect of any advance of money made before 1st April 2010.

5I1

Notwithstanding the repeal of sections 236 to 243 and 245 to 256A (grants for improvement, repair and conversion) and Schedule 19 to the 1987 Act, those provisions shall continue to have effect in respect of–

(a)

applications received before 1st April 2012 for improvement grant for houses situated in housing action areas within the meaning of Part 4 of the 1987 Act;

(b)

applications for grant approved before 1st April 2010; and

(c)

the conditions to be observed in respect of any grant made by a local authority under those provisions.

6I1

Notwithstanding the repeal of section 244 (duty of local authorities to make improvement grants where an application relates exclusively to the provision of standard amenities or to disabled occupant) and schedule 19 to the 1987 Act, those provisions shall continue to have effect in respect of–

(a)

applications received before 1st April 2012 for improvement grant for houses situated in housing action areas within the meaning of Part 4 of the 1987 Act;

(b)

applications for grant approved before 1st April 2009; and

(c)

the conditions to be observed in respect of any grant made by a local authority under those provisions.

7I1

Notwithstanding the commencement of paragraphs 2, 3, 6 and 12 of schedule 6 to the 2006 Act where–

(a)

improvement works have been carried out in compliance with a notice of a final resolution served under Part 1 of Schedule 8 to the 1987 Act, the Crofters Holdings (Scotland) Act 1886f1 shall have effect as if the commencement of paragraph 2 had not taken place;

(b)

a person is displaced from a dwelling on any land in consequence of an order under section 88 of the 1987 Act, section 27 (right to home loss payment where person displaced from dwelling) of the Land Compensation (Scotland) Act 1973f2 shall have effect as if the commencement of paragraph 3 had not taken place;

(c)

works were specified in an application for a grant under Part 13 of the 1987 Act, section 106 (consent of tenant) of the Rent (Scotland) Act 1984f3 shall have effect as if the commencement of paragraph 6(a) and (b) had not taken place; and

(d)

a house was comprised in an area declared by final resolution passed under Part 4 of the 1987 Act to be a housing action area, section 311(1) (interpretation) of the 1987 Act shall have effect as if the commencement of paragraph 12 had not taken place.

Signature

ALEX NEIL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th March 2009

Explanatory note

(This note is not part of the Order)

This Order brings into force the remaining provisions of Parts 1 and 2 of the Housing (Scotland) Act 2006.

The sections in Part 1 that are commenced in this Order provide for housing renewal areas, amendment of the tolerable standard and the renewal, improvement, demolition and maintenance of houses. Sections 89 to 106 of the Housing (Scotland) Act 1987 which provide for the declaration of housing action areas are repealed but saved in Article 4 for a period of 2 years in respect of housing action areas declared before the repeal.

Part 2 provides for assistance, (including grants and loans) from local authorities for housing purposes. These provisions replace Part 13 of the Housing (Scotland) Act 1987, however the majority of the provisions in Part 13 will remain in force for a year. Articles 5 and 6 save the provisions in Part 13 for some applications for grant and for any applications already approved by the date of repeal.

Schedule 6 to the 2006 Act makes consequential amendments to the law in various areas. Article 7 preserves the previous law in some cases.