Housing (Scotland) Act 1987

Miscellaneous provisions relative to rehabilitation orders S

4 S —Where the owner of a house to which this Part of this Schedule applies in terms of paragraph 3(1), and which does not comply with the full standard, requests the local authority to make a rehabilitation order in respect of the house, and the authority refuse to make the order, they shall give him in writing their reasons for so refusing.

5 S —Where a local authority have made a rehabilitation order they shall not, until after the date on which the order becomes operative or on which confirmation of the order is refused—

(a) serve notice to treat, under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, in respect of any land included in a compulsory purchase order made and confirmed by virtue of section 38 of the Act of 1966 or section 7 of the Act of 1969 which includes notice land as defined in paragraph 12; or

(b) demolish, without the consent of the Secretary of State, any building on notice land.

6 (1) Where— S

(a) land included in a compulsory purchase order, made and confirmed by virtue of the said section 38 or the said section 7, is comprised in a rehabilitation order, and

(b) the rehabilitation order becomes operative in respect of that land, and

(c) no interest in the land has vested in the local authority before the date on which the rehabilitation order becomes operative, and

(d) neither the local authority nor a previous local authority entitled to serve a notice to treat in respect of any interest in the land under section 17 of the said Act of 1845 have done so before that date,

the compulsory purchase order shall cease to have effect in relation to that land on that date, and if the land is included in a clearance area or housing treatment area, it shall cease to be so included.

(2) On and after the date on which a rehabilitation order becomes operative, in a case where sub-paragraph (1) does not apply in relation to an area of land comprised in that order, any compulsory purchase order relating to that land and confirmed by virtue of the said section 38 or the said section 7 shall have effect in relation to any interest in that land which at the said date was not vested in the authority—

(a) in so far as it relates to a house, as if it had been made and confirmed under Part I of this Act, and

(b) in so far as it relates to land other than a house, as if it had been made and confirmed under [F1 Part VIII of the Town and Country Planning (Scotland) Act 1997].

(3) Where a rehabilitation order becomes operative in respect of an area of land and any interest in that land is vested in the local authority at the date when the order becomes operative—

(a) any such interest in a house shall be treated as appropriated to the purposes of Part I of this Act, and

(b) any such interest in land other than a house shall be treated as appropriated to the purposes of [F2 Part VIII of the said Act of 1997].

Textual Amendments

F1 Words in Sch. 7 para. 6(2)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 40(7)(a)

F2 Words in Sch. 7 para. 6(3)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 40(7)(b)

7 S —A rehabilitation order may be made and confirmed notwithstanding that the effect of the order in excluding any land from a clearance area or from a housing treatment area is to sever that area into two or more parts; and in any such case the provisions applicable to the area in Part III of the Act of 1966 or in Part I of the Act of 1969, relating to the effect of a compulsory purchase order when confirmed and to the proceedings to be taken after confirmation of such an order, shall apply as if those parts formed one clearance area or housing treatment area, as the case may be.