Housing (Scotland) Act 1988 (c. 43)

SCHEDULES

SCHEDULE 9 E+W+S Consequential Amendments

Housing (Scotland) Act 1987 c. 26. S

F1 10 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 9 para. 10 repealed (S.) (30.9.2002) by 2001 asp 10, ss. 112, 113(1), Sch. 10 para. 14(15); S.S.I. 2002/321, art. 2(2), Sch. Table (subject to transitional provisions in arts. 3-5)

11 S In section 64(7) (circumstances where prohibition of landlord’s option to repurchase does not apply)—

(a) in paragraph (a), after the word “sold” there shall be inserted the words “ whether under this Part or otherwise ”;

(b) for paragraph (b) there shall be substituted the following paragraph–

“(b) the Secretary of State is satisfied that an unreasonable proportion of the houses sold consists of houses which have been resold and are not–

(i) being used as the only or principal homes of the owners; or

(ii) subject to regulated tenancies within the meaning of section 8 of the Rent (Scotland) Act 1984 or assured tenancies for the purposes of Part II of the Housing (Scotland) Act 1988.”.

F2 12 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 9 para. 12 repealed (1.4.2010) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 7 (with s. 193); S.S.I. 2009/122, art. 3

13 S In section 128 (recovery of possession of house to which Rent (Scotland) Act 1984 applies) after “1984” there shall be inserted the words “ or in Part II of the Housing (Scotland) Act 1988 ”.

14 S In section 145 (recovery of possession of overcrowded house that is let) after “1984” there shall be inserted the words “ or in Part II of the Housing (Scotland) Act 1988 ”.

15 S In section 177 (statutory tenant to be regarded as lessee for purposes of the Act), in paragraph (a), after “1984” there shall be inserted the words “ or Part II of the Housing (Scotland) Act 1988 ”.

16 S In section 180 (effect of control order), in subsection (4)—

(a) after the words “the Act)” there shall be inserted the words “ and paragraph 11 of Schedule 4 to the Housing (Scotland) Act 1988 (which excludes lettings by local authorities from being assured tenancies within the meaning of the Act) ”;

(b) after “1984” where it second occurs there shall be inserted the words “ or an assured tenancy, within the meaning of the Housing (Scotland) Act 1988, ”;

(c) for the words “protected or statutory” where they second and third occur there shall be substituted the words “ protected, statutory or assured ”;

(d) for the words “that Act” there shall be substituted the words “ those Acts ”.

17 S In section 207 (local authority’s duty to keep slum clearance revenue account) for paragraph (b) of subsection (2) there shall be substituted the following paragraph—

“(b) such of the expenditure of the authority in respect of houses and other property, being expenditure not included in paragraph (a), together with any income related to that expenditure as may be approved by the Secretary of State and falls within any of the following categories—

(i) any payment under section 308 (payments to certain owner-occupiers and others in respect of houses not meeting tolerable standard which are purchased or demolished) other than any such payment in respect of an interest in a house which has been purchased by the local authority for the purpose of bringing that house or another house up to the tolerable standard;

(ii) any payment under section 304 (payments in respect of well-maintained houses) other than any such payment in respect of an interest in a house which has been purchased by the local authority for the purpose of bringing that house or another house up to the tolerable standard;

(iii) any payment under section 234(5) or (6) (payment of removal and other allowances to person displaced);

(iv) such other expenditure as the Secretary of State may direct.”.

18 S In section 311 (interpretation of sections 308 to 310), in subsection (2), in the definition of “interest” after “1984” there shall be inserted the words “ or of a statutory assured tenant within the meaning of the Housing (Scotland) Act 1988 ”.

19 S In section 328 (duty to inform tenant of assignation of landlord’s interest), in subsection (6), after “1984” there shall be inserted the words “ and a statutory assured tenancy within the meaning of the Housing (Scotland) Act 1988 ”.

20 S In section 338 (interpretation), in subsection (1) in the definition of “tenancy” after the word “applies” there shall be inserted the words “ and a statutory assured tenancy within the meaning of the Housing (Scotland) Act 1988 ”.

F3 21 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 9 para. 21 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 14(15); S.I. 2002/321, arts. 2(2), Sch. Table (subject to transitional provisions in arts. 3-5)