Housing (Scotland) Act 1988

Changes over time for: Section 2

Version Superseded: 01/11/2001

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Housing (Scotland) Act 1988, Section 2 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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2 General functions of Scottish Homes.S

(1)Scottish Homes may do anything, whether in Scotland or elsewhere, which is calculated to facilitate or is incidental or conducive to the discharge of its general functions.

(2)Without prejudice to the generality of subsection (1) above and subject to subsection (3) [F1and (3A)] below Scottish Homes may—

(a)make grants;

(b)make loans;

(c)acquire, hold and dispose of securities;

(d)guarantee obligations (arising out of loans or otherwise) incurred by other persons, or grant indemnities;

(e)provide or assist in the provision of advisory or other services or facilities for any person;

(f)acquire land by agreement or gift;

(g)acquire land (including servitudes or other rights in or over land by the creation of new rights) compulsorily;

(h)hold and manage land and dispose of, or otherwise deal with, land held by it;

(j)acquire and dispose of plant, machinery, equipment and other property;

(k)develop land or carry out works on land, and maintain or assist in the maintenance of any such works;

(l)make land, plant, machinery, equipment and other property available for use by other persons;

(m)appoint other persons to act as its agents;

(n)act as agents for other persons;

(o)form companies within the meaning of the M1Companies Act 1985;

(p)form partnerships with other persons;

(q)promote, provide or assist in the provision of, training in matters relating to housing;

(r)carry out, commission or assist in the provision of, research and development;

(s)promote, or assist in the promotion of, publicity relating to its general functions and powers and to matters relating to housing;

(t)make such charge as it thinks fit for any of its services;

(u)accept any gift or grant made to it for the purposes of any of its general functions and powers and, subject to the terms of the gift or grant and to the provisions of this Act, apply it for those purposes;

(v)turn its resources to account so far as they are not required for the exercise of any of its general functions and powers.

(3)The powers of Scottish Homes mentioned—

(a)in subsection (2)(a) to (d), (m) and (o) above may be exercised only with the approval of the Secretary of State F2. . . or in accordance with a general authority given by him F2. . .;

(b)in subsection (2)(e) to (l) above [F3other than the power under paragraph (h) to dispose of land,] may be exercised only in accordance with arrangements made [F4between it and] the Secretary of State.

[F5(3A)The power conferred by subsection (2)(h) above upon Scottish Homes to dispose of land may be exercised only with the consent of the Secretary of State (which consent may be given in relation to particular cases or classes of case and may be made subject to conditions).]

(4)For the purpose of the acquisition of land by Scottish Homes by agreement—

(a)the Lands Clauses Acts (except so much of them as relates to the acquisition of land otherwise than by agreement, the provisions relating to access to the special Act and sections 120 to 125 of the M2Lands Clauses Consolidation (Scotland) Act 1845); and

(b)sections 6 and 70 to 78 of the M3Railway Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M4Mines (Working Facilities and Support) Act 1923),

shall be incorporated with this section and in construing those Acts for the purposes of this section this section shall be deemed to be the special Act and Scottish Homes to be the promoters of the undertaking or company, as the case may require.

(5)For the purpose of the acquisition of land by Scottish Homes compulsorily the M5Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply as if Scottish Homes were a local authority and as if this section were contained in an Act in force immediately before the commencement of that Act.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(7)For the purposes of [F7section 195 of the Town and Country Planning (Scotland) Act 1997](general vesting declarations) Scottish Homes shall be deemed to be a public authority to which that section applies.

(8)After section 239 of the M6Housing (Scotland) Act 1987 there shall be added the following section—

“239A Power of Secretary of State to give directions to prevent duplications of grant.

(1)The Secretary of State may, so as to prevent the duplication of the making of grants under this Part in respect of the same works, give directions to—

(a)a local authority;

(b)local authorities generally; and

(c)Scottish Homesas to the circumstances in which they, or any of them, may or may not exercise their powers under this Part.

(2)It shall be the duty of Scottish Homes and of any local authority to whom directions have been given to comply with such directions.”.

(9)After section 256 of the M7Housing (Scotland) Act 1987 there shall be added the following section—

“256A Application of this Part to Scottish Homes.

This Part (except sections 253 to 255) shall apply to Scottish Homes as it applies to a local authority.”.

(10)The Secretary of State may give Scottish Homes directions of a general or specific character as to the exercise of its general functions and powers and it shall be the duty of Scottish Homes to comply with any such directions.

F8(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 179(a)

F2Words in s. 2(3)(a) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 92(1)(2), Pt. IV (with art. 5)

F3Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 179(b)(i)

F4Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 179(b)(ii)

F5S. 2(3A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s.179(c)

F6S. 2(6) repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 179(d), 194(4), Sch. 12 Pt. II

F7Words in s. 2(7) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 42

F8S. 2(11) repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

Marginal Citations

M11985 c. 6.