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Housing (Scotland) Act 1987

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This is the original version (as it was originally enacted).

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82Interpretation of this Part

In this Part and in sections 14, 19, 20 and 216, except where provision is made to the contrary,

  • "application to purchase" has the meaning assigned to it by section 63;

  • "family" and any reference to membership thereof shall be construed in accordance with section 83;

  • "fire authority" means a fire authority for the purposes of the [1947 c. 41.] Fire Services Acts 1947 to 1959 or a joint committee constituted by virtue of section 36(4)(b) of the Fire Services Act 1947;

  • "heritable proprietor", in relation to a house, includes any landlord entitled under section 3 of the [1924 c. 27.] Conveyancing (Scotland) Act 1924 (disposition of the dwelling-house etc. by persons uninfeft) to grant a disposition of the house;

  • "housing co-operative" has the meaning assigned to it by section 22;

  • "landlord" means a person who lets a house to a tenant for human habitation, and includes his successors in title;

  • "offer to sell" has the meaning assigned to it by section 63(2) and includes such offer to sell as is mentioned in section 71(1)(d);

  • "police authority" means a police authority in Scotland within the meaning of section 2(1) or 19(9)(b) of the [1967 c. 77.] Police (Scotland) Act 1967 or a joint police committee constituted by virtue of subsection (2)(b) of the said section 19 and any police authority constituted in England and Wales or Northern Ireland under corresponding legislation;

  • "secure tenancy" means a secure tenancy within the meaning of section 44;

  • "tenancy" means any agreement under which a house is made available for occupation for human habitation, and "leases", "let" and "lets" shall be construed accordingly;

  • "tenant" means a person who leases a house from a landlord and who derives his right therein directly from the landlord, and in the case of joint tenancies means all the tenants.

83Members of a person's family

(1)A person is a member of another's family for the purposes of this Act if—

(a)he is the spouse of that person or he and that person live together as husband and wife; or

(b)he is that person's parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2)For the purposes of subsection (1)(b)—

(a)a relationship by marriage shall be treated as a relationship by blood;

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood;

(c)the stepchild of a person shall be treated as his child; and

(d)a child shall be treated as such whether or not his parents are married.

84Service of notices

(1)A notice or other document which requires to be served on a person under any provision of this Part or of section 216 may be given to him—

(a)by delivering it to him;

(b)by leaving it at his proper address; or

(c)by sending it by recorded delivery post to him at that address.

(2)For the purposes of this section and of section 7 of the [1978 c. 30.] Interpretation Act 1978 (references to service by post) in its application to this section, a person's proper address shall be his last known address.

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