Housing (Scotland) Act 1987

Application and effect of rehabilitation orders S

3 (1) This Part of this Schedule applies to any house which— S

(a) is included in a clearance area under Part III of the M1 Act of 1966, or

(b) is included in a housing treatment area under Part I of the M2 Act of 1969, where the resolution for the area provides for the demolition of the house,

being a house which—

(i) has been purchased by agreement or compulsorily at any time before 2nd December 1974 under section 38 of the Act of 1966 or section 7 of the Act of 1969 (provisions regarding acquisition of land in such areas), or

(ii) is subject to a compulsory purchase order which was made under the said section 38 or under the said section 7 (but not confirmed) before 2nd December 1974 and which, before 2nd March 1975, has been confirmed in accordance with Schedule 3 to the Act of 1966 or (as the case may be) in accordance with Schedule 1 to the M3 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as applied by the said section 7, or

(iii) has been included in the area by virtue of section 41 of the Act of 1966 or section 9 of the Act of 1969 (land already belonging to the local authority).

(2) Where any house to which this Part of this Schedule applies in terms of sub-paragraph (1) does not comply with the full standard as defined in paragraph 12 and, in the opinion of the local authority, it is capable of being and ought to be improved to that standard, the authority may make and submit to the Secretary of State an order (in this Part of this Schedule referred to as a “rehabilitation order”) in relation to the house.

(3) In addition to applying to any house to which this Part of this Schedule applies in terms of sub-paragraph (1), a rehabilitation order may, if the local authority think fit, be made to apply to any other relevant land, as defined in paragraph 12.

(4) On the date on which a rehabilitation order becomes operative, the local authority shall cease to be subject to any duty to demolish or secure the demolition of buildings on any land included in the order, imposed by Part III of the Act of 1966 or Part I of the Act of 1969.

(5) Where by virtue of sub-paragraph (4) a local authority are freed from the duty to demolish or secure the demolition of a house which does not comply with the full standard, the authority shall take such steps as are necessary—

(a) to bring the house up to the full standard, or

(b) where it is not vested in the authority, to ensure that it is brought up to that standard.

(6) A local authority may accept undertakings for the purpose of sub-paragraph (5)(b) from the owner of a house, or any other person who has or will have an interest in a house, concerning works to be carried out to bring it up to the full standard and the time within which they are to be carried out.

(7) Any reference in sub-paragraph (2), (5) or (6) to a house being improved or brought up to the full standard shall be construed as including a reference to a house, after integration with any other house to which this Part of this Schedule applies and which does not comply with the full standard, being improved or brought up to the full standard.

Marginal Citations

M1 1966 c. 49.

M2 1969 c. 34.

M3 1947 c. 42.