Housing (Scotland) Act 1987

299 Jurisdiction of sheriff in Scotland. S

(1) A sheriff of the sheriff court district within which the defective dwelling is situated has jurisdiction—

(a) to determine any question arising under this Part; and

(b) to entertain any proceedings brought in connection with the performance or discharge of any obligations so arising, including proceedings for the recovery of damages or compensation in the event of the obligations not being performed.

(2) Subsection (1) has effect subject to—

(a) sections 257(6) and 287(6) (questions of designation to be decided by designating authority),

(b) section 279(3) and [F1 paragraph 11(1) of Schedule 20] (questions of valuation to be determined by district valuer).

(3) Where an authority required by section 270(3) or paragraph 7 of Schedule 20 to extend or further extend any period fail to do so, the sheriff may extend or further extend that period until such date as he may specify.

[F2 (4) Where damages are awarded in proceedings commenced before 1st December 1994 which arise out of a failure on the part of the public sector authority to give a person acquiring a relevant interest in a dwelling notice in writing under section 291, the amount of damages for the purposes of this subsection shall be equal to the difference between—

(a) the market value of the dwelling assessed as if it were not a defective dwelling and were available for sale on the open market with vacant possession; and

(b) the market value of the dwelling assessed as a defective dwelling and as if available for sale on the open market with vacant possession.

(5) Subsection (4) applies in relation to proceedings which arise out of a failure by the authority before the coming into force of section 156 of the Leasehold Reform, Housing and Urban Development Act 1993 as it does to proceedings which arise out of a failure by the authority after that date.]

Textual Amendments

F1 Words substituted (retrospectively) by Housing (Scotland) Act 1988 (c.43, SIF 61), s. 72(1), Sch. 7 para. 26

F2 S. 299(4)(5) added (27.9.1993) by 1993 c. 28, s. 156; S.I. 1993/2163, art. 2, Sch. 1.