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