Housing (Financial Provisions) (Scotland) Act 1968

Sections 3, 10.

SCHEDULE 1 Determination of Cost of Site

1 For the purposes of this Act the cost of a site shall be taken to be—

(a) if the site was acquired by a local authority under any enactment relating to housing, the expenses incurred by the authority in connection with the acquisition ;

(b) if the site was acquired by a local authority otherwise than under any such enactment, such amount as the Secretary of State may determine, having regard to the purposes for which the site was acquired, the expenses incurred in connection with the acquisition, the time elapsed since the acquisition and the use made of the site before its appropriation for housing purposes;

(c) if the site was acquired by a recipient authority other than a local authority, either of the following, as the Secretary of State may determine, having regard to the matters mentioned in sub-paragraph (b) of this paragraph, that is to say—

(i) the expenses incurred by the recipient authority in connection with the acquisition ; or

(ii) the value of the site as certified by the Secretary of State.

2 For the purposes of this Act, any question as to—

(a) what constitutes a separate site, or

(b) on what part of such a site any building has been erected, or

(c) how much of any expenses incurred by a local authority in connection with the acquisition of any land is to be attributed to any site forming part only of the land,

shall be determined by the Secretary of State.

3 For the purposes of any determination under sub-paragraph (a) or sub-paragraph (b) of paragraph 2 of this Schedule—

(a) where two buildings are contiguous to each other, or are separated from each other by a street only, the two buildings shall, if the Secretary of State thinks proper, be deemed to be on the same site ; and

(b) where any land has been acquired in connection with the provision of a building and has been or is to be used for the purpose of a new street to which the building is or will be contiguous, that land shall be deemed to form part of the site of the building.

4 In this Schedule—

• " building " includes any land appertaining to a building and any land appropriated for the purposes of a building which has not been erected ; and

• " street " includes a public highway and any court, alley, passage or square, whether a thoroughfare or not.