Housing (Scotland) Act 2001
Housing (Scotland) Act 2001 (2001 asp 10)
- Housing (Scotland) Act 2001 (2001 asp 10)
- PART 1 HOMELESSNESS AND ALLOCATION OF HOUSING
- 1 Homelessness strategies
- 2 Advice on homelessness etc.
- 3 Homeless persons and persons threatened with homelessness
- 4 Review of decisions
- 5 Duty of registered social landlord to provide accommodation
- 6 Duty of registered social landlord: further provision
- 7 Persons living in hostel and other short-term accommodation
- 8 Common housing registers
- 9 Housing lists
- 10 Allocation of housing
- PART 2 TENANTS OF SOCIAL LANDLORDS
- CHAPTER 1 SCOTTISH SECURE TENANCIES
- Creation and termination of tenancy
- 11 Scottish secure tenancy
- 12 Restriction on termination of tenancy
- 13 Termination of joint tenant’s interest in tenancy
- 14 Proceedings for recovery of possession or termination of joint tenant's interest
- 14A Pre-action requirements where grounds for possession include rent arrears
- 15 Rights of qualifying occupiers in possession proceedings
- 16 Powers of court in proceedings for recovery of possession or termination of joint tenant's interest
- 17 Abandoned tenancies
- 18 Repossession
- 19 Tenant’s recourse to court
- 20 Abandonment by joint tenant
- 21 Joint tenancies: abandoning tenant’s recourse to court
- Succession
- 22 Succession to Scottish secure tenancy
- Tenancy agreement and information
- 23 Tenant’s right to written tenancy agreement and information
- Variation
- 24 Restriction on variation of tenancy
- 25 Increase in rent or charges
- 26 Variation of tenancy by court order
- Repairs and improvements
- 27 Repairs
- 28 Landlord’s consent to work
- 29 Reimbursement of cost of work
- 30 Right to compensation for improvements
- 31 Effect of work on rent
- Keeping pets
- 31A Tenant’s right to keep a pet
- 31B Power to make provision about when a consent condition for keeping a pet is reasonable
- 31C Power to make provision about when it is reasonable to refuse consent to keep a pet
- 31D Regulations under sections 31B and 31C: consultation
- Assignation, subletting and exchanges
- 32 Assignation, subletting etc.
- 33 Exchange of house
- Short Scottish secure tenancies
- 34 Short Scottish secure tenancies
- 35 Conversion to short Scottish secure tenancy
- 35A Extension of term of short Scottish secure tenancy
- 36 Recovery of possession
- 37 Conversion to Scottish secure tenancy
- Miscellaneous and general
- 38 Appeals
- 39 Application of sections 23 to 33 to other tenancies
- 40 Notices
- 41 Interpretation of Chapter 1
- CHAPTER 2 RIGHT TO BUY
- 42 The qualifying conditions
- 43 Exemptions from right to buy
- 44 Limitation on right to buy: registered social landlords
- 45 Limitation on right to buy: pressured areas
- 46 Limitation on right to buy: arrears of rent, council tax etc.
- 47 Limitation on right to buy: conduct
- 48 Houses liable to demolition
- 49 Discounts
- 50 Assistance to tenants to obtain other accommodation
- 51 Right to buy: miscellaneous repeals
- 52 Reports on right to buy
- CHAPTER 3 TENANT PARTICIPATION
- 53 Tenant participation
- 54 Consultation with tenants and registered tenant organisations
- 55 Tenant management agreements
- 56 Tenant management agreements: further provision
- PART 3 REGULATION OF SOCIAL LANDLORDS
- CHAPTER 1 REGISTERED SOCIAL LANDLORDS
- Registration
- 57 The register of social landlords
- 58 Eligibility for registration
- 59 Registration
- 60 Removal from the register
- 61 Criteria for registration or removal from register
- 62 Appeal against decision on registration or removal
- Regulation
- 63 Regulation of registered social landlords
- 64 Insolvency etc. of registered social landlords
- Disposal of land and related matters
- 65 Power of registered social landlord to dispose of land
- 66 Consent required for disposal of land by registered social landlord
- 67 Disposals not requiring consent
- 68 Disposals of land: consultation with tenants
- Delegation of functions
- 68A Power to direct certain registered social landlords to delegate functions
- Housing management
- 69 Inspections
- 70 Inspection reports
- 71 Appointment of manager
- CHAPTER 2 LOCAL AUTHORITY HOUSING MANAGEMENT
- 72 Inspections
- 73 Inspection reports
- 74 Remedial plans
- 75 Remedial plans: appointment of manager
- CHAPTER 3 COMMON PROVISIONS
- Disposals of tenanted houses: consultation and consent
- 76 Disposals of tenanted houses: consultation and consent
- Information
- 77 Power to obtain information
- 78 Power to obtain information: further provision
- Guidance
- 79 Issue of guidance by the Scottish Ministers
- Code of good practice
- 80 Code of good practice
- Charges for regulatory functions
- 81 Charges for regulatory functions of the Scottish Ministers
- CHAPTER 4 INTERPRETATION OF PART 3
- 82 Meaning of “subsidiary” and “associate”
- 83 Interpretation of Part 3
- PART 4 SCOTTISH HOMES
- 84 Transfer of functions to the Scottish Ministers
- 85 Property and liabilities
- 86 Transfer of staff
- 87 Dissolution etc.
- PART 5 STRATEGIC HOUSING FUNCTIONS
- ...
- 88 Statement on fuel poverty
- Local authorities
- 89 Local housing strategies
- 90 Grants for housing purposes
- 91 Grants for housing support services
- 92 Assistance for housing purposes
- 93 Assistance for housing purposes: further provision
- 94 Alteration of housing finance arrangements
- Meaning of “fuel poverty”
- 95 Meaning of “fuel poverty”
- PART 6 GRANTS FOR IMPROVEMENT, REPAIRS ETC.
- Improvement grants
- 96 Extension of power to make improvement grants
- 97 Application for grant
- 98 Age of buildings eligible for grant
- 99 Applicant’s contribution to expense of works
- 100 Approval of application
- 101 Amount of grant
- 102 Improvement grants: the tolerable standard and standard amenities
- Repairs grants
- 103 Amount of repairs grant
- Fire escape grants
- 104 Grants for means of escape from fire
- Improvement of energy efficiency and safety
- 105 Improvement of energy efficiency and safety
- PART 7 MISCELLANEOUS AND GENERAL
- Miscellaneous
- 106 Equal opportunities
- 107 Local authority maintenance of houses etc. of registered social landlord
- 108 Meaning of “family” and “spouse”: cohabitation
- General
- 109 Orders and regulations
- 110 Ancillary provision
- 111 Interpretation
- 112 Modification of enactments
- 113 Commencement and short title
- SCHEDULE 1 TENANCIES WHICH ARE NOT SCOTTISH SECURE TENANCIES
- Premises occupied under contract of employment
- Police and fire service accommodation
- Lettings to students
- Temporary accommodation during work
- Accommodation for homeless persons
- Accommodation for offenders
- Shared ownership agreements
- Agricultural and business premises
- Houses part of, or within curtilage of, certain other buildings
- Accommodation in property not owned by landlord
- ...
- SCHEDULE 2 SCOTTISH SECURE TENANCY: GROUNDS FOR RECOVERY OF POSSESSION OR TERMINATION OF JOINT TENANT'S INTEREST
- PART 1 GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION OR TERMINATION OF JOINT TENANT'S INTEREST
- PART 2 SUITABILITY OF ACCOMMODATION
- SCHEDULE 3 SUCCESSION TO SCOTTISH SECURE TENANCY: QUALIFIED PERSONS
- Qualified persons
- Only or principal home
- Special rule: specially adapted house
- Order of succession
- Notification of right to succeed to tenancy
- Declining a tenancy
- Qualified persons: co-operative housing associations
- SCHEDULE 4 SCOTTISH SECURE TENANCY: LANDLORD’S REPAIRING OBLIGATIONS
- SCHEDULE 5 SCOTTISH SECURE TENANCY: ALTERATIONS , KEEPING PETS, ASSIGNATION, SUBLETTING, EXCHANGE ETC.
- PART 1 ALTERATIONS ETC. TO HOUSE
- Part 1A Keeping pets
- PART 2 ASSIGNATION, SUBLETTING, EXCHANGE ETC.
- SCHEDULE 6 GROUNDS FOR GRANTING SHORT SCOTTISH SECURE TENANCY
- Previous anti-social behaviour
- Anti-social behaviour order
- Other antisocial behaviour
- Temporary letting to person seeking accommodation
- Temporary letting pending development
- Accommodation for homeless persons
- Accommodation for person in receipt of housing support
- Accommodation in property not owned by landlord
- Temporary letting where other property owned
- SCHEDULE 7 REGULATION OF REGISTERED SOCIAL LANDLORDS
- PART 1 CONTROL OF PAYMENTS TO MEMBERS ETC.
- Payments by way of gift, dividend or bonus
- Payments and benefits to officers and employees etc.
- Maximum amounts payable by way of fees, expenses, etc.
- PART 2 CONSTITUTION, CHANGE OF RULES, AMALGAMATION AND DISSOLUTION
- General power to remove director, trustee etc.
- Industrial and provident society: power to appoint new committee member
- Company: power to appoint new director
- Change of rules etc. by industrial and provident society
- Change of articles of association of company
- Amalgamation and dissolution etc. of industrial and provident society
- Arrangement, reconstruction etc. of company
- Power of the Scottish Ministers to petition for winding up
- Transfer of net assets on dissolution or winding up
- PART 3 ACCOUNTS AND AUDIT
- General requirements as to accounts and audit
- Appointment of auditors by industrial and provident societies
- Responsibility for securing compliance with accounting requirements
- PART 4 INQUIRY INTO AFFAIRS OF REGISTERED SOCIAL LANDLORDS
- Inquiry
- Extraordinary audit for purposes of inquiry
- General powers exercisable as a result of inquiry or audit
- Power to direct transfer of land
- SCHEDULE 8 INSOLVENCY ETC. OF REGISTERED SOCIAL LANDLORDS
- Interpretation
- Initial notice to be given to the Scottish Ministers
- Further notice to be given to the Scottish Ministers
- Moratorium on disposal of land etc.
- Period of moratorium
- Proposals as to ownership and management of landlord’s land
- Effect of agreed proposals
- Appointment of manager to implement agreed proposals
- Powers of the manager
- Powers of the manager: transfer of engagements
- Assistance by the Scottish Ministers
- Application to court to secure compliance with agreed proposals
- SCHEDULE 9 CONSULTATION BEFORE CERTAIN DISPOSALS BY LOCAL AUTHORITY LANDLORD OR REGISTERED SOCIAL LANDLORD
- Disposals to which this schedule applies
- Application for consent of the Scottish Ministers
- Requirements as to consultation
- Power to require further consultation
- Consent to be withheld unless majority of tenants in favour
- Protection of purchasers
- SCHEDULE 10 MODIFICATION OF ENACTMENTS
- New Towns (Scotland) Act 1968 (c.16)
- Friendly and Industrial and Provident Societies Act 1968 (c.55)
- Land Compensation (Scotland) Act 1973 (c.56)
- Land Tenure Reform (Scotland) Act 1974 (c.38)
- House of Commons Disqualification Act 1975 (c.24)
- Local Government (Scotland) Act 1975 (c.30)
- Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)
- Finance Act 1981 (c.35)
- Rent (Scotland) Act 1984 (c.58)
- Bankruptcy (Scotland) Act 1985 (c.66)
- Housing Associations Act 1985 (c.69)
- Housing (Scotland) Act 1986 (c.65)
- Housing (Scotland) Act 1987 (c.26)
- Housing (Scotland) Act 1988 (c.43)
- Housing Act 1988 (c.50)
- Local Government and Housing Act 1989 (c.42)
- Social Security Administration Act 1992 (c.5)
- Taxation of Chargeable Gains Act 1992 (c.12)
- Local Government Finance Act 1992 (c.14)
- Leasehold Reform, Housing and Urban Development Act 1993 (c.28)
- Local Government etc. (Scotland) Act 1994 (c.39)
- Requirements of Writing (Scotland) Act 1995 (c.7)
- Children (Scotland) Act 1995 (c.36)
- Housing Act 1996 (c.52)
- Planning (Consequential Provisions) (Scotland) Act 1997 (c.11)
- Data Protection Act 1998 (c.29)
- Crime and Disorder Act 1998 (c.37)
- Public Finance and Accountability (Scotland) Act 2000 (asp 1)
- Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)