Housing and Town Development (Scotland) Act 1957

9 Overspill agreements

(1) Subject to the provisions of this section an exporting authority and a receiving authority may enter into an agreement (in this Part of this Act referred to as an overspill agreement) for the provision by the receiving authority, in the district of the receiving authority, of housing accommodation to meet, wholly or in part, the needs of the district of the exporting authority.

(2) Proposals prepared and submitted to the Secretary of State by a local authority in discharge of their duty under section sixty of the principal Act may, in the case of a local authority who are an exporting authority, include proposals for the provision of housing accommodation in pursuance of an overspill agreement.

(3) Subject to the provisions of this section an overspill agreement may be made on such terms as may be agreed between the parties thereto.

(4) An overspill agreement shall provide for—

(a) the provision by the receiving authority of housing accommodation and the letting of that accommodation to persons approved for that purpose by the exporting and receiving authorities (hereinafter referred to as " approved persons "); and

(b) the payment by the exporting authority to the receiving authority in respect of each new house provided in pursuance of the agreement of a contribution at a rate of not less than fourteen pounds a year from the date of completion of the house, so however that—

(i) the contribution shall not be payable for any period during which the house is neither let to, nor available for letting to, an approved person, unless in substitution therefor there is let by the receiving authority to an approved person another house which otherwise would not be let in pursuance of the agreement, and

(ii) the obligation to make the contribution may be limited so as to cease and determine when the contribution has been paid for a period or periods amounting in the aggregate to such period as may be specified in the agreement, not being less than ten years.

(5) An overspill agreement may provide for the making by the exporting authority to the receiving authority of such additional payments (whether by way of capital or recurrent grant or of loan or otherwise) as may be specified in the agreement, being payments towards the expenses of providing the housing accommodation to which the agreement relates or industrial or other accommodation or other facilities provided or to be provided in connection therewith, including the expenses of executing any works necessary for, or incidental to, such provision.

(6) No overspill agreement shall have effect unless it has been approved by the Secretary of State.

(7) An exporting authority may enter into an overspill agreement with a development corporation in like manner as with a receiving authority, and accordingly in this section references to a receiving authority shall be construed as including a development corporation.

(8) The power of making orders conferred by section one hundred and twenty-seven of the principal Act shall include power to make an order providing, in relation to overspill agreements approved by the Secretary of State after the date of coming into operation of the order, for reducing the minimum amount of the annual contribution required by subsection (4) of this section to be made by exporting authorities.