The Improvement and Repairs Grant (Prescribed Valuation Band) (Scotland) Order 2003

Scottish Statutory Instruments

2003 No. 314

HOUSING

The Improvement and Repairs Grant (Prescribed Valuation Band) (Scotland) Order 2003

Made

12th June 2003

Laid before the Scottish Parliament

13th June 2003

Coming into force

1st October 2003

The Scottish Ministers, in exercise of the powers conferred by section 240(2)(c) and (4) of the Housing (Scotland) Act 1987(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Improvement and Repairs Grant (Prescribed Valuation Band) (Scotland) Order 2003 and shall come into force on 1st October 2003.

Prescribed Valuation Bands

2.  For the purposes of section 240(2)(c) of the Housing (Scotland) Act 1987, the prescribed valuation band is H(2).

Revocation

3.  The Housing (Valuation Bands for Improvement and Repairs Grants) (Scotland) Order 1996(3) is hereby revoked.

MARGARET CURRAN

A member of the Scottish Executive

St Andrew’s House, Edinburgh

12th June 2003

Explanatory Note

(This note is not part of the Order)

Section 240(2)(c) and (4) of the Housing (Scotland) Act 1987 provides that a local authority shall not approve an application for improvement grant where the value of the premises concerned, expressed in terms of council tax valuation bands, exceeds certain limits prescribed by order. Section 248(5) of the 1987 Act extends these provisions to applications for repairs grant. This Order prescribes a single valuation band as the new limit for the purpose of these provisions and revokes the Housing (Valuation Bands for Improvement and Repairs Grants) (Scotland) Order 1996.

Under section 240(2)(c)(i), where the application relates to a single house, it shall not be approved if the house is in a valuation band for a range of values higher than the prescribed band. For this purpose the Order prescribes valuation band H.

Under section 240(2)(c)(ii), where the application relates to two or more houses which are to be converted into one house, it shall not be approved if these houses are in valuation bands, the middle values of which, when added together, exceed the maximum value of the prescribed valuation band. For this purpose the Order also prescribes valuation band H.

(1)

1987 c. 26; section 240(2) was amended by S.I. 1996/631 and the Housing (Scotland) Act 2001 (asp 10), section 98; section 248(5) applies section 240 to repairs grant and is amended by the Housing (Scotland) Act 1988 (c. 43), Schedule 7, paragraph 14 and Schedule 8, paragraph 6 and the Housing (Scotland) Act 2001 (asp 10), section 103. The function of the Secretary of State to prescribe by Order was transferred to Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). The requirement to obtain Treasury consent was removed by section 55 of that Act.

(2)

Section 240(2) refers to the range of values for a valuation band. Section 74(2) of the Local Government Finance Act 1992 (c. 14) sets out the range of values for each valuation band.

(3)

S.I. 1996/74.