Housing and Town Development (Scotland) Act 1957

20 Payments in respect of unfit but well-maintained houses

(1) For the purposes of any payment made after the commencement of this Act under section forty of the principal Act (which provides for payments to be made in respect of unfit houses which have been well maintained) the Secretary of State may from time to time, by order made by statutory instrument, vary the multipliers specified with respect to rateable value in paragraph (b) of subsection (2) of the said section forty:

Provided that an order under this subsection shall be of no effect until it is approved by a resolution of each House of Parliament.

(2) If—

(a) a house has, after the commencement of this Act, been vacated in pursuance of a demolition order or closing order, or purchased compulsorily under subsection (1) of section seventeen of the principal Act or section three of the Housing (Repairs and Rents) (Scotland) Act, 1954, in lieu of the making of a demolition order in respect thereof; and

(b) any person has, within three months after the service of the demolition or closing order, or of the notice of determination to purchase required by subsection (3) of the said section three, or after the confirmation of a compulsory purchase order, made a representation to the local authority that the house has been well maintained and that the good maintenance of the house is attributable wholly or partly to work carried out by him or at his expense ; and

(c) leaving out of account any sanitary defects in or related to the house, the representation is correct;

the local authority shall make to that person in respect of that house the like payment as would have fallen to be so made under the said section forty if the house had been a house to which that section applies and directions had been given by the Secretary of State for the making of a payment thereunder.

(3) If, on receiving a representation under the last foregoing subsection, the local authority consider that the condition specified in paragraph (c) of that subsection is not satisfied, they shall serve upon the person by whom the representation was made notice that no payment falls to be made to him under that subsection; and subsections (1) and (3) of section sixteen of the principal Act (which provides for an appeal against certain notices and orders under Part II of that Act) shall apply in relation to any notice under this subsection as it applies in relation to a notice under the said Part II requiring the execution of works.

(4) For the purposes of this section, a house which might have been the subject of a demolition order but which has, without the making of such an order, been vacated and demolished in pursuance of an undertaking for its demolition given to the local authority shall be deemed to have been vacated in pursuance of a demolition order made and served at the date when the undertaking was given.

(5) In this section, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• " closing order " means an order made in lieu of a demolition order by virtue of the proviso to subsection (4) of section nine of the principal Act;

• " demolition order " means a demolition order made under Part II of the principal Act.