Housing (Scotland) Act 2001
PART 1 HOMELESSNESS AND ALLOCATION OF HOUSING
1 Homelessness strategies
2 Advice on homelessness etc.
3 Homeless persons and persons threatened with homelessness
4 Review of decisions
5 Duty of registered social landlord to provide accommodation
6 Duty of registered social landlord: further provision
7 Persons living in hostel and other short-term accommodation
8 Common housing registers
9 Housing lists
10 Allocation of housing
PART 2 TENANTS OF SOCIAL LANDLORDS
CHAPTER 1 SCOTTISH SECURE TENANCIES
Creation and termination of tenancy
11 Scottish secure tenancy
12 Restriction on termination of tenancy
13 Termination of joint tenant’s interest in tenancy
14 Proceedings for possession
14APre-action requirements where grounds for possession include rent arrears
15 Rights of qualifying occupiers in possession proceedings
16 Powers of court in possession proceedings
17 Abandoned tenancies
18 Repossession
19 Tenant’s recourse to court
20 Abandonment by joint tenant
21 Joint tenancies: abandoning tenant’s recourse to court
Succession
22 Succession to Scottish secure tenancy
Tenancy agreement and information
23 Tenant’s right to written tenancy agreement and information
Variation
24 Restriction on variation of tenancy
25 Increase in rent or charges
26 Variation of tenancy by court order
Repairs and improvements
27 Repairs
28 Landlord’s consent to work
29 Reimbursement of cost of work
30 Right to compensation for improvements
31 Effect of work on rent
Assignation, subletting and exchanges
32 Assignation, subletting etc.
33 Exchange of house
Short Scottish secure tenancies
34 Short Scottish secure tenancies
35 Conversion to short Scottish secure tenancy
36 Recovery of possession
37 Conversion to Scottish secure tenancy
Miscellaneous and general
38 Appeals
39 Application of sections 23 to 33 to other tenancies
40 Notices
41 Interpretation of Chapter 1
CHAPTER 2 RIGHT TO BUY
42 The qualifying conditions
43 Exemptions from right to buy
44 Limitation on right to buy: registered social landlords
45 Limitation on right to buy: pressured areas
46 Limitation on right to buy: arrears of rent, council tax etc.
47 Limitation on right to buy: conduct
48 Houses liable to demolition
49 Discounts
50 Assistance to tenants to obtain other accommodation
51 Right to buy: miscellaneous repeals
52 Reports on right to buy
CHAPTER 3 TENANT PARTICIPATION
53 Tenant participation
54 Consultation with tenants and registered tenant organisations
55 Tenant management agreements
56 Tenant management agreements: further provision
PART 3 REGULATION OF SOCIAL LANDLORDS
CHAPTER 1 REGISTERED SOCIAL LANDLORDS
Registration
57 The register of social landlords
58 Eligibility for registration
59 Registration
60 Removal from the register
61 Criteria for registration or removal from register
62 Appeal against decision on registration or removal
Regulation
63 Regulation of registered social landlords
64 Insolvency etc. of registered social landlords
Disposal of land and related matters
65 Power of registered social landlord to dispose of land
66 Consent required for disposal of land by registered social landlord
67 Disposals not requiring consent
68 Disposals of land: consultation with tenants
Delegation of functions
68APower to direct certain registered social landlords to delegate functions
Housing management
69 Inspections
70 Inspection reports
71 Appointment of manager
CHAPTER 2 LOCAL AUTHORITY HOUSING MANAGEMENT
72 Inspections
73 Inspection reports
74 Remedial plans
75 Remedial plans: appointment of manager
CHAPTER 3 COMMON PROVISIONS
Disposals of tenanted houses: consultation and consent
76 Disposals of tenanted houses: consultation and consent
Information
77 Power to obtain information
78 Power to obtain information: further provision
Guidance
79 Issue of guidance by the Scottish Ministers
Code of good practice
80 Code of good practice
Charges for regulatory functions
81 Charges for regulatory functions of the Scottish Ministers
CHAPTER 4 INTERPRETATION OF PART 3
82 Meaning of “subsidiary” and “associate”
83 Interpretation of Part 3
PART 4 SCOTTISH HOMES
84 Transfer of functions to the Scottish Ministers
85 Property and liabilities
86 Transfer of staff
87 Dissolution etc.
PART 5 STRATEGIC HOUSING FUNCTIONS
The Scottish Ministers
88 Statement on fuel poverty
Local authorities
89 Local housing strategies
90 Grants for housing purposes
91 Grants for housing support services
92 Assistance for housing purposes
93 Assistance for housing purposes: further provision
94 Alteration of housing finance arrangements
Meaning of “fuel poverty”
95 Meaning of “fuel poverty”
PART 6 GRANTS FOR IMPROVEMENT, REPAIRS ETC.
Improvement grants
96 Extension of power to make improvement grants
97 Application for grant
98 Age of buildings eligible for grant
99 Applicant’s contribution to expense of works
100 Approval of application
101 Amount of grant
102 Improvement grants: the tolerable standard and standard amenities
Repairs grants
103 Amount of repairs grant
Fire escape grants
104 Grants for means of escape from fire
Improvement of energy efficiency and safety
105 Improvement of energy efficiency and safety
PART 7 MISCELLANEOUS AND GENERAL
Miscellaneous
106 Equal opportunities
107 Local authority maintenance of houses etc. of registered social landlord
108 Meaning of “family” and “spouse”: cohabitation
General
109 Orders and regulations
110 Ancillary provision
111 Interpretation
112 Modification of enactments
113 Commencement and short title
SCHEDULE 1 TENANCIES WHICH ARE NOT SCOTTISH SECURE TENANCIES
1Premises occupied under contract of employment
2Police and fire service accommodation
3Lettings to students
4Temporary accommodation during work
5Accommodation for homeless persons
6Accommodation for offenders
7Shared ownership agreements
8Agricultural and business premises
9Houses part of, or within curtilage of, certain other buildings
10Accommodation in property not owned by landlord
11Accommodation for persons with Temporary Protection
SCHEDULE 2 SCOTTISH SECURE TENANCY: GROUNDS FOR RECOVERY OF POSSESSION OF HOUSE
PART 1 GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION
1Rent lawfully due from the tenant has not been paid,...
2The tenant (or any one of joint tenants), a person...
3(1) The condition of the house or of any of...
4The condition of any furniture provided for use under the...
5The tenant and— (a) the tenant’s spouse or civil partner...
6The tenant is the person, or one of the persons,...
7(1) The tenant (or any one of joint tenants), a...
8(1) The tenant (or any one of joint tenants) or...
9The house is overcrowded, within the meaning of section 135...
10(1) It is intended within a reasonable period of time...
11The house has been designed or adapted for occupation by...
12The house forms part of a group of houses which...
13The interest of the landlord in the house is that...
14The landlord is Orkney Islands Council, Shetland Islands Council or...
15The landlord wishes to transfer the tenancy of the house...
PART 2 SUITABILITY OF ACCOMMODATION
16For the purposes of sections 16(4), 19(5), 21(5) and 22(7),...
17In determining whether accommodation is reasonably suitable to the needs...
18If the landlord has made an offer in writing to...
SCHEDULE 3 SUCCESSION TO SCOTTISH SECURE TENANCY: QUALIFIED PERSONS
1Qualified persons
2(1) A person whose only or principal home at the...
3A member of the tenant’s family aged at least 16...
4A carer providing, or who has provided, care for the...
5Special rule: specially adapted house
6Order of succession
7If the tenancy does not pass to a qualified person...
8If the tenancy does not pass to a qualified person...
9Where there is more than one qualified person falling within...
10Notification of right to succeed to tenancy
11Declining a tenancy
12Qualified persons: co-operative housing associations
SCHEDULE 4 SCOTTISH SECURE TENANCY: LANDLORD’S REPAIRING OBLIGATIONS
1The landlord in a Scottish secure tenancy must—
2The landlord must, before the commencement of the tenancy—
3The landlord must— (a) ensure that any work necessary to...
4The landlord, or any person authorised by it in writing,...
5(1) In determining for the purposes of paragraph 1 whether...
6In paragraph 5, “sanitary defects” includes lack of air space...
SCHEDULE 5 SCOTTISH SECURE TENANCY: ALTERATIONS, ASSIGNATION, SUBLETTING, EXCHANGE ETC.
PART 1 ALTERATIONS ETC. TO HOUSE
1A tenant under a Scottish secure tenancy who wishes to...
2The landlord may— (a) consent, (b) consent subject to such...
3The conditions which may be imposed under paragraph 2(b) include...
4The landlord must intimate its consent or refusal, any conditions...
5If the landlord fails to comply with paragraph 4, it...
6A tenant who is aggrieved by a refusal, or by...
7In such proceedings the court must, unless it considers that...
8In deciding whether a refusal or a condition is reasonable...
PART 2 ASSIGNATION, SUBLETTING, EXCHANGE ETC.
9A tenant under a Scottish secure tenancy who, in pursuance...
10A tenant under a Scottish secure tenancy who, in pursuance...
11On an application under paragraph 9 or 10 the landlord...
12The landlord must intimate its consent or refusal and, in...
13If the landlord fails to comply with paragraph 12, it...
14A tenant who is aggrieved by a refusal may raise...
15In such proceedings the court must, unless it considers that...
SCHEDULE 6 GROUNDS FOR GRANTING SHORT SCOTTISH SECURE TENANCY
1Previous anti-social behaviour
2Anti-social behaviour order
3Temporary letting to person seeking accommodation
4Temporary letting pending development
5Accommodation for homeless persons
6Accommodation for person requiring housing support services
7Accommodation in property not owned by landlord
SCHEDULE 7 REGULATION OF REGISTERED SOCIAL LANDLORDS
PART 1 CONTROL OF PAYMENTS TO MEMBERS ETC.
1Payments by way of gift, dividend or bonus
2Payments and benefits to officers and employees etc.
3Maximum amounts payable by way of fees, expenses, etc.
PART 2 CONSTITUTION, CHANGE OF RULES, AMALGAMATION AND DISSOLUTION
4General power to remove director, trustee etc.
5Industrial and provident society: power to appoint new committee member
6Company: power to appoint new director
7Change of rules etc. by industrial and provident society
8Change of articles of association of company
9Amalgamation and dissolution etc. of industrial and provident society
10Arrangement, reconstruction etc. of company
11Power of the Scottish Ministers to petition for winding up
12Transfer of net assets on dissolution or winding up
PART 3 ACCOUNTS AND AUDIT
13General requirements as to accounts and audit
14Appointment of auditors by industrial and provident societies
15Responsibility for securing compliance with accounting requirements
PART 4 INQUIRY INTO AFFAIRS OF REGISTERED SOCIAL LANDLORDS
16Inquiry
17Extraordinary audit for purposes of inquiry
18General powers exercisable as a result of inquiry or audit
19Power to direct transfer of land
SCHEDULE 8 INSOLVENCY ETC. OF REGISTERED SOCIAL LANDLORDS
1Interpretation
2Initial notice to be given to the Scottish Ministers
3Further notice to be given to the Scottish Ministers
4Moratorium on disposal of land etc.
5Period of moratorium
6Proposals as to ownership and management of landlord’s land
7Effect of agreed proposals
8Appointment of manager to implement agreed proposals
9Powers of the manager
10Powers of the manager: transfer of engagements
11Assistance by the Scottish Ministers
12Application to court to secure compliance with agreed proposals
SCHEDULE 9 CONSULTATION BEFORE CERTAIN DISPOSALS BY LOCAL AUTHORITY LANDLORD OR REGISTERED SOCIAL LANDLORD
1Disposals to which this schedule applies
2Application for consent of the Scottish Ministers
3Requirements as to consultation
4Power to require further consultation
5Consent to be withheld unless majority of tenants in favour
6Protection of purchasers
SCHEDULE 10 MODIFICATION OF ENACTMENTS
1New Towns (Scotland) Act 1968 (c.16)
2Friendly and Industrial and Provident Societies Act 1968 (c.55)
3Land Compensation (Scotland) Act 1973 (c.56)
4Land Tenure Reform (Scotland) Act 1974 (c.38)
5House of Commons Disqualification Act 1975 (c.24)
6Local Government (Scotland) Act 1975 (c.30)
7Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)
8Finance Act 1981 (c.35)
9Rent (Scotland) Act 1984 (c.58)
10Bankruptcy (Scotland) Act 1985 (c.66)
11Housing Associations Act 1985 (c.69)
12Housing (Scotland) Act 1986 (c.65)
13Housing (Scotland) Act 1987 (c.26)
14Housing (Scotland) Act 1988 (c.43)
15Housing Act 1988 (c.50)
16Local Government and Housing Act 1989 (c.42)
17Social Security Administration Act 1992 (c.5)
18Taxation of Chargeable Gains Act 1992 (c.12)
19Local Government Finance Act 1992 (c.14)
20Leasehold Reform, Housing and Urban Development Act 1993 (c.28)
21Local Government etc. (Scotland) Act 1994 (c.39)
22Requirements of Writing (Scotland) Act 1995 (c.7)
23Children (Scotland) Act 1995 (c.36)
24Housing Act 1996 (c.52)
25Planning (Consequential Provisions) (Scotland) Act 1997 (c.11)
26Data Protection Act 1998 (c.29)
27Crime and Disorder Act 1998 (c.37)
28Public Finance and Accountability (Scotland) Act 2000 (asp 1)
29Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

Housing (Scotland) Act 2001

2001 asp 10

An Act of the Scottish Parliament to make provision about housing, including provision about homelessness and the allocation of housing accommodation by social landlords, the tenants of social landlords, the regulation of social landlords, Scottish Homes, the strategic housing functions of the Scottish Ministers and local authorities and grants for improvement and repairs; and for connected purposes.

Annotations:
Modifications etc. (not altering text)