Housing (Scotland) Act 1986

1—12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 S

Textual Amendments

F1 Ss. 1–12, 18, 21, Sch. 1 and Sch. 2 para. 2 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

Amendment of Housing Associations Act 1985 S

13 Shared ownership agreements. S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2) In section 106(2) of the 1985 Act (interpretation for purposes of application to Scotland), for the definition of “shared ownership lease” there shall be substituted the following definition—

““shared ownership agreement” means an agreement whereby a registered housing association—

(a) sells apro indiviso right in a dwelling to a person and leases the remainingpro indiviso rights therein to him subject to his being entitled, from time to time, to purchase those remaining rights until he has purchased the entire dwelling; or

(b) conveyspro indiviso rights in dwellings to trustees to hold on behalf of persons each of whom, by purchasing a share in those dwellings, becomes entitled to exclusive occupancy of one of the dwellings but with any such person who wishes to sell or otherwise dispose of his share being required to do so through the agency of the trustees,

or such other agreement as may be approved whereby a person acquires from a registered housing association apro indiviso right in a dwelling or dwellings and thereby becomes entitled to exclusive occupancy of the dwelling or, as the case may be, of one of the dwellings; ”.

Textual Amendments

F2 Ss. 13(1), 14–16, Sch. 2 para. 4(8)(a) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

14—16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 S

Textual Amendments

F3 Ss. 13(1), 14–16, Sch. 2 para. 4(8)(a) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

Housing Expenditure and Grants S

17 Precondition as regards use of renewal and repairs fund for certain housing expenditure. S

In paragraph 22(2) of Schedule 3 to the M1 Local Government (Scotland) Act 1975 (restrictions on use of capital and renewal and repair funds), after the word “restaurant” there shall be inserted the words “ ; and if the renewal and repair fund is used so to meet expenditure incurred by the authority in relation to any house, or other property, to which their housing revenue account relates, the amount in question shall, subject to paragraph 1(7) of Schedule 4 to the M2 Housing (Financial Provisions) (Scotland) Act 1972, first to be carried to the credit of that account ”.

Marginal Citations

M1 1975 c. 30.

M2 1972 c. 46.

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 S

Textual Amendments

F4 Ss. 1–12, 18, 21, Sch. 1 and Sch. 2 para. 2 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

Amendment of Building (Scotland) Act 1959 S

19 Amendment of Building (Scotland) Act 1959. S

(1) The M3 Building (Scotland) Act 1959 shall be amended in accordance with the following provisions of this section.

(2) In section 3(4)(b) (circumstances in which building standards regulations are not to apply), after the words “exempted classes” there shall be inserted the words “ , to such extent as may be specified in the regulations ”.

(3) For section 4B (power of Secretary of State to approve types of building, etc.), there shall be substituted the following section—

“4B Class warrants.

(1) The following provisions of this section shall have effect with a view to enabling the Secretary of State, on an application being made to him under this section, to issue a certificate (to be known as a “class warrant”) that a particular design (including specification of materials) of building conforms, either generally or in any class of case, to particular provisions of the building standards regulations.

(2) A person intending to apply for a class warrant under this section shall send a copy of the prospective application in the prescribed manner to a body designated by the Secretary of State which, if it is satisfied that the design in respect of which the warrant is sought conforms to the building standards regulations, shall recommend that the class warrant be issued.

(3) An application to the Secretary of State for a class warrant under this section shall be made in the prescribed manner and shall be accompanied by a relevant recommendation made under subsection (2) above.

(4) The Secretary of State may, where a recommendation under subsection (2) above is made in respect of a design of building, issue a class warrant in respect of that design; and a class warrant so issued shall be accepted by a local authority as conclusive of the matters stated therein.

(5) A body designated under subsection (2) above may charge such fee for considering a design in respect of which a copy application has been sent to it under that subsection as may be agreed between the applicant and the body.

(6) A class warrant shall, if it so provides, cease to have effect at the end of such period as may be specified in it.

(7) The Secretary of State may at any time vary or revoke a class warrant; but before doing so he shall give the person on whose application it was issued reasonable notice that he proposes so to do.

(8) Where the Secretary of State varies or revokes a class warrant he shall publish notice of that fact in such manner as he thinks fit.

(9) There may be prescribed—

(a) the type, part or parts of building to which the provisions of this section shall apply;

(b) the terms and conditions on which a class warrant may be issued;

(c) procedures incidental to any provisions of this section;

(d) the fee, if any, to be charged for issuing a class warrant;

(e) any variations in the design of building which will be permitted.

(10) Where a fee is chargeable by virtue of subsection (9)(d) above, the regulations under which it is chargeable may make different provision (which, without prejudice to the generality of this subsection, may include provision for remission of the fee in whole or in part) for—

(a) different cases or classes of case; or

(b) different circumstances or classes of circumstances,

(difference being determined by reference to any factor or factors whatsoever).”.

(4) After section 6 there shall be inserted the following section—

“6AA Self-certification of design.

(1) On making an application for a warrant under section 6 of this Act, an applicant may submit a certificate issued under this section certifying that the design (including the specification of material to be used) of the building complies with building standards regulations prescribed under paragraph (a) of subsection (2) below; and in determining whether to issue the warrant, the local authority shall accept the certificate as conclusive of the facts to which it relates.

(2) There may be prescribed—

(a) the part or parts of the building standards regulations in relation to which a certificate under this section may be submitted and different provision may be made in respect of different parts of the regulations and in respect of different types of building;

(b) whether or not by reference to specific criteria, such person or persons as shall be entitled to issue such certificate;

(c) the form of such certificate;

(d) the drawings, plans, specifications or other material which shall be submitted with the certificate.”.

(5) In section 9 (certificate of completion), after subsection (2) there shall be inserted the following subsection—

“(2A) Where the Secretary of State has issued a relevant class warrant, a local authority shall grant a certificate of completion in respect of any building unless—

(i) the approved design (or an approved variation) has not been complied with whether by reason of faulty workmanship or otherwise; or

(ii) the building standards regulations in relation to any part of the building to which section 4B of this Act does not apply have not been complied with.”.

(6) For section 20 (fees chargeable by local authorities) there shall be substituted the following section—

“20 Fees chargeable by local authorities.

(1) A local authority may in respect of the performance of their functions under this Act charge such fees as may be prescribed; but there may also be prescribed cases or classes of case for which, or circumstances or classes of circumstances where, no fee shall be chargeable.

(2) Where a fee is chargeable by virtue of subsection (1) above, the regulations under which it is so chargeable may make different provision (which, without prejudice to the generality of this subsection, may include provision for remission of the fee in whole or in part) for—

(a) different cases or classes of case;

(b) different circumstances or classes of circumstances;

(c) different items or classes of business,

(difference being determined by reference to any factor or factors whatsoever).”.

Marginal Citations

M3 1959 c. 24.

Amendment of Land Compensation (Scotland) Act 1973 S

20 Compensation for person displaced from dwelling-house let under secure tenancy. S

(1) The M4 Land Compensation (Scotland) Act 1973 shall be amended in accordance with the following provisions of this section.

(2) In section 27(1) (right to home loss payment where person displaced from dwelling)—

(a) after paragraph (e) there shall be inserted the following paragraph—

“(f) an order for recovery of possession of the dwelling under section 15(2) of the Tenants’ Rights, Etc. (Scotland) Act 1980, on the ground set out in paragraph 10 of Part I of Schedule 2 to that Act,”; and

(b) after sub-paragraph (v) there shall be inserted the following sub-paragraph—

“(vi) where paragraph (f) above applies, the landlord.”.

(3) In section 29 (supplementary provisions about home loss payments), after subsection (7) there shall be inserted the following subsection—

“(7AA) If a landlord recovers possession of a dwelling by agreement—

(a) after serving notice under section 14 of the Tenants’ Rights, Etc. (Scotland) Act 1980 on the tenant specifying the ground set out in paragraph 10 of Part I of Schedule 2 to that Act; or

(b) where, but for that agreement, it would have served such notice on him specifying that ground,

it may, in connection with the recovery, make to him a payment corresponding to any home loss payment which it would be required to make to him if the recovery were by order under section 15(2) of that Act.”.

Marginal Citations

M4 1973 c. 56.

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 S

Textual Amendments

F5 Ss. 1–12, 18, 21, Sch. 1 and Sch. 2 para. 2 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

Supplemental S

22 Interpretation. S

In this Act—

• “the 1980 Act” means the Tenants’ Rights, Etc. (Scotland) Act 1980; and

• “the 1985 Act” means the M5 Housing Associations Act 1985.

Marginal Citations

M5 1985 c. 69.

23 Consequential, transitional and supplementary provision. S

(1) The Secretary of State may by order made by statutory instrument make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or proper for giving full effect to, or in consequence of any of the provisions of, this Act.

(2) A statutory instrument made under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) paragraph 7(a)(ii) and (b)(ii) of Schedule 1 to this Act shall have no effect as regards any case in which repayment has become exigible under subsection (1) of section 6 of the 1980 Act before the coming into force of that paragraph; but in any other case the terms of any standard security, offer to sell or concluded missives shall, in so far as they are inconsistent with the period of years specified in that subsection, or with the proportions specified in subsection (3) of that section, have effect as if so modified as to obviate that inconsistency.

24 Expenses. S

There shall be paid out of the money provided by Parliament any—

(a) sums required by the Secretary of State for making grants, loans or other payments by virtue of this Act,

(b) administrative expenses incurred by him by virtue of this Act;

(c) increase attributable to the provisions of this Act in the sums which under any other enactment are paid out of money so provided.

25 Minor amendments and repeals. S

(1) The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments there specified, (being minor amendments or amendments consequential on the provisions of this Act).

(2) The enactments specified in Schedule 3 to this Act are repealed to the extent specified in the third column of that Schedule.

26 Citation, commencement and extent. S

(1) This Act may be cited as the Housing (Scotland) Act 1986.

(2) This Act, except this section, shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be so appointed for different provisions and for different purposes.

(3) This Act applies to Scotland only.

Modifications etc. (not altering text)

C1 Power of appointment conferred by s. 26(2) fully exercised: S.I. 1986/2137, art. 2