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Housing (Financial Provisions) (Scotland) Act 1972

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Housing Subsidies

    1. Introduction of new housing subsidies

      1. 1.Introduction of new housing subsidies

    2. Housing subsidies payable to local authorities

      1. 2.The residual subsidy

      2. 3.The housing expenditure subsidy and associated rate fund contribution

      3. 4.The high cost subsidy and associated rate fund contribution

      4. 5.The rent rebate subsidy

      5. 6.The rent allowance subsidy

      6. 7.The slum clearance subsidy

    3. Housing subsidies payable to development corporations and the Scottish Special Housing Association

      1. 8.The residual subsidy

      2. 9.The housing expenditure subsidy

      3. 10.The high cost subsidy

      4. 11.The rent rebate subsidy

      5. 12.Additional payment towards certain deficits of the Scottish Special Housing Association

    4. Supplemental

      1. 13.Payment of subsidies and accounting provisions

      2. 14.Provisions as to certain orders

  3. PART II Rent Rebates and Rent Allowances

    1. 15.Rent rebates

    2. 16.Rent allowances

    3. 17.The model schemes

    4. 18.Extent to which authorities may depart from model schemes

    5. 19.Duty of housing authorities to publicise schemes

    6. 20.Duty of landlord to inform tenant of particulars of allowance scheme

    7. 21.Certain items included in rent to be excluded in calculating allowance

    8. 22.Interpretation of Part II

  4. PART III Housing Accounts of Local Authorities

    1. 23.The housing revenue account

    2. 24.The rent rebate account

    3. 25.The rent allowance account

    4. 26.The slum clearance revenue account

  5. PART IV Determination of Rents and other Charges

    1. 27.General provisions as to charges in respect of local authority houses

    2. 28.Rents to be charged so as to balance housing revenue account

    3. 29.Provisions as to rents in 1972-73 and 1973-74

    4. 30.Increases in rent of individual houses of housing authorities

    5. 31.Average standard rents of development corporation and Scottish Special Housing Association houses

    6. 32.Service charges

    7. 33.Phasing out of supplementary charges

  6. PART V Controlled and Regulated Tenancies

    1. 34.Conversion of controlled tenancies: general decontrol

    2. 35.Houses excluded from general decontrol

    3. 36.Conversion of controlled tenancies: general provisions

    4. 37.Phasing of rent increases

    5. Registration of rent for regulated tenancies

      1. 38.Early application for registration of rent

      2. 39.Cancellation of registration of rent

      3. 40.Certain amounts to be separately noted on the register

    6. Regulated tenancies where no rent is registered

      1. 41.Repeal of rent limit for contractual periods

      2. 42.Rent agreements

      3. 43.Rent agreements: special provisions following conversion

      4. 44.Rent agreements: special provisions where grant-aided improvements are carried out

      5. 45.Failure to comply with provisions of rent agreements

    7. Miscellaneous

      1. 46.Statutory tenants by succession

      2. 47.Amendment of section 35 of Act of 1971

      3. 48.Modifications of Part VI of Act of 1971

      4. 49.Amendment of Schedules 6 and 12 to Act of 1971

      5. 50.Interpretation of Part V

  7. PART VI Housing Associations

    1. Subsidies

      1. 51.Introduction of new subsidies for housing associations

      2. 52.The basic residual subsidy

      3. 53.The special residual subsidy

      4. 54.Residual subsidies-supplementary

      5. 55.The new building subsidy

      6. 56.New building subsidy-supplementary

      7. 57.The improvement subsidy

    2. Housing and subsidy agreements

      1. 58.Housing agreements

      2. 59.Subsidy agreements

    3. Rent limit for dwelling-houses let by housing associations and the Housing Corporation

      1. 60.Tenancies to which sections 60 to 66 apply

      2. 61.Rents to be registrable under Part IV of the Act of 1971

      3. 62.The rent limit

      4. 63.Phasing of progression to registered rent

      5. 64.Previous rent limit exceeding registered rent: special rent limit

      6. 65.Special rent limit: procedure on application

      7. 66.Increase of rent without notice to quit

      8. 67.Supplemental to sections 60 to 66

    4. Interpretation

      1. 68.Interpretation of Part VI

  8. PART VII Miscellaneous and General

    1. Miscellaneous

      1. 69.All payments under overspill agreements to be voluntary

      2. 70.Termination of certain existing exchequer contributions and related provisions

      3. 71.Financial assistance towards tenants' removal expenses

      4. 72.Default by local authority

      5. 73.Power of Secretary of State to reduce, suspend or discontinue housing subsidies

      6. 74.Application of receipts from disposal of certain land

      7. 75.Adjustment of accounts on appropriation of land

      8. 76.Tenancies at a rent unalterable over a long period

      9. 77.Amendment of sections 1 and 86 of Act of 1971

    2. General

      1. 78.Interpretation

      2. 79.Minor and consequential amendments, transitional provisions and repeals

      3. 80.Financial provisions

      4. 81.Citation, commencement and extent

  9. SCHEDULES

    1. SCHEDULE 1

      Enactments Relating to Existing Contribution System

      1. PART I

        1. Payments to Local Authorities

      2. PART II

        1. Payments to Development Corporations

      3. PART III

        1. Payments from Secretary of State to the Scottish Special Housing Association

      4. PART IV

        1. Local authority grants to the Scottish Special Housing Association linked with payments by Secretary of State

      5. PART V

        1. Payments from Secretary of State to Housing Associations

      6. PART VI

        1. Local Authority Grants to Housing Associations linked with Payments by Secretary of State

    2. SCHEDULE 2

      Computation of Rebates and Allowances

      1. PART I General

        1. Introductory

          1. 1.(1) The rebate or allowance to which a tenant is...

          2. 2.In this Schedule— " dependent child " means a person...

          3. 3.(1) Where any sum which is payable or calculated otherwise...

          4. 4.(1) An authority may treat as a sole tenant for...

          5. 5.(1) If some person who resides in the house occupied...

          6. 6.In the following provisions of this Schedule " tenant" includes...

          7. 7.Any question whether a person is a sub-tenant of the...

        2. Needs allowance

          1. 8.(1) Subject to sub-paragraph (2) below, the needs allowance for...

        3. Income of tenant and spouse

          1. 9.(1) The weekly income of the tenant and any spouse...

        4. Amount of rebate or allowance

          1. 10.(1) In this Schedule " minimum weekly rent" means, subject...

          2. 11.(1) The amount of rebate or allowance to be granted...

          3. 12.(1) The deductions from a rebate or allowance in respect...

        5. Minimum and maximum rebate and allowance

          1. 13.If the amount of a rebate or allowance as calculated...

          2. 14.If the amount of a rebate or allowance as so...

        6. Treatment of fractional amounts

          1. 15.The amount of any rebate or allowance shall be calculated...

        7. Additional rebate

          1. 16.(1) A local authority may grant to any person an...

        8. Provisions applying only to computation of allowances

          1. 17.(1) For the purposes of the computation of allowances, the...

      2. PART II Persons Receiving Supplementary Benefit

        1. 18.The provisions of this Part of this Schedule have effect...

        2. 19.(1) The said amount shall be the amount if any...

        3. 20.(1) The last preceding paragraph shall not apply where, assuming...

        4. 21.(1) In this Schedule " period of supplementary benefit" means...

    3. SCHEDULE 3

      Rebates and Allowances: Procedure

      1. PART I General

        1. Introductory

          1. 1.(1) Subject to the provisions of this Schedule, an authority...

        2. Applications for rebates and allowances

          1. 2.(1) When an authority receive an application for a rebate...

        3. Assessment of income

          1. 3.(1) If an authority are satisfied on an application for...

        4. Rebate period and allowance period

          1. 4.(1) Where a rebate or an allowance is first granted,...

          2. 5.(1) If at any time between the making of an...

          3. 6.(1) If during a rebate period or an allowance period...

          4. 7.If there is such an alteration in the terms of...

          5. 8.It shall not be the duty of an authority to...

          6. 9.Without prejudice to any other right to recover the amount...

        5. Application for further rebate or allowance

          1. 10.(1) A tenant to whom a rebate or allowance has...

        6. Transitional

          1. 11.Where— (a) the whole or part of a person's rent...

        7. Provisions applying only to allowances

          1. 12.(1) An authority may require from any person who has...

          2. 13.The authority may withhold an allowance where the landlord of...

          3. 14.In ascertaining the amount of an allowance the authority shall...

          4. 15.(1) In ascertaining the amount of an allowance the authority...

        8. General duty of authority as to determinations

          1. 16.(1) It shall be the duty of an authority to...

      2. PART II Persons in Receipt of Supplementary Benefit

        1. 17.(1) The Secretary of State may give directions, either generally...

        2. 18.(1) An authority shall not, under this Schedule, require the...

    4. SCHEDULE 4

      The Housing Revenue Account

      1. Credits

        1. 1.(1) For each year a local authority shall carry to...

      2. Debits

        1. 2.Subject to paragraph 3 of this Schedule, for each year...

        2. 3.A local authority shall not debit to the housing revenue...

      3. Transitional

        1. 4.(1) Where, but for the coming into force of this...

      4. Working Balances

        1. 5.(1) Subject to paragraph 6 of this Schedule, the local...

        2. 6.(1) Subject to sub-paragraph (2) below, the working balance at...

      5. Supplemental

        1. 7.Any requirement of this Schedule as respects any amount to...

        2. 8.A local authority may, with the consent of the Secretary...

        3. 9.Where it appears to the Secretary of State that amounts...

        4. 10.The Secretary of State may direct that items of income...

        5. 11.Any surplus shown in a housing revenue account at the...

        6. 12.References in this Schedule to houses and other property to...

    5. SCHEDULE 5

      The Slum Clearance Revenue Account

      1. Credits

        1. 1.For each year a local authority shall carry to the...

        2. 2.Where for any year a deficit is shown in the...

      2. Debits

        1. 3.For each year a local authority shall debit to the...

      3. Supplemental

        1. 4.Any surplus shown in a slum clearance revenue account at...

        2. 5.A local authority may, with the consent of the Secretary...

        3. 6.The Secretary of State may direct that items of income...

    6. SCHEDULE 6

      Restriction on Rent Increases

      1. Restriction on rent increases after first registration

        1. 1.Where a rent for a dwelling-house which is subject to...

      2. Period of delay

        1. 2.There shall be a period of delay with respect to...

      3. Permitted increase

        1. 3.(1) Subject to paragraph 3(1)(c) of Part III of the...

      4. Previous limit

        1. 4.(1) For the purposes of this Schedule the previous limit...

      5. Restriction on rent increases in cases of further registration during period of delay

        1. 5.(1) Where a rent (in this paragraph referred to as...

      6. Successive tenancies

        1. 6.Where a rent for a dwelling-house which is subject to...

        2. 7.Where a controlled tenancy of a dwelling-house becomes a regulated...

      7. Rent Agreements

        1. 8.Where, after a controlled tenancy of a dwelling-house becomes a...

        2. 9.If, in the period between the time when the controlled...

      8. Supplemental

        1. 10.In ascertaining for the purposes of this Schedule whether there...

        2. 11.Where a registration takes effect from a date earlier than...

        3. 12.Where a rent determined by a rent assessment committee is...

        4. 13.This Schedule shall not apply where a registration is also...

    7. SCHEDULE 7

      Modifications of Part VI of the Rent (Scotland) Act 1971

      1. 1.In section 70 (conversion of controlled tenancies of dwelling-houses provided...

      2. 2.In section 71 (application for qualification certificate), for subsections (1)...

      3. 3.In section 73 (procedure on applications under section 71(2)),—

      4. 4.In section 74 (registration of rent on issue of qualification...

      5. 5.In section 76 (appeal in certain cases against issue or...

      6. 6.Section 77 (postponement in certain cases of effect of qualification...

      7. 7.Section 78 (modifications of that Act in relation to tenancies...

      8. 8.In section 80 (consent of tenant),— (a) subsection (1) shall...

      9. 9.Subject to paragraphs 10, 11 and 12 below, Schedule 13...

      10. 10.If in a period of delay imposed under Schedule 13,...

      11. 11.Without prejudice to paragraphs 9 and 10 above, in the...

      12. 12.Without prejudice to paragraphs 9 and 10 above, in the...

    8. SCHEDULE 8

      Termination of Part of Existing Contribution System

      1. Enactments described in Schedule 1 to this Act

        1. 1.(1) No payment shall be made under any of the...

        2. 2.(1) This paragraph has effect where information given to the...

        3. 3.The right to receive any payment from the Secretary of...

        4. 4.For the purpose of calculating the amount of exchequer contribution...

        5. 5.(1) The Secretary of State may determine the total amount...

        6. 6.(1) Any sum paid, before the coming into force of...

      2. Temporary accommodation provided in war buildings

        1. 7.(1) No payments shall be made under section 22(1)(b) of...

      3. Aluminium houses in unsatisfactory state

        1. 8.(1) Payments under subsection (2) of section 92 of the...

      4. Housing (Rural Workers) Acts

        1. 9.The Housing (Rural Workers) Acts 1926 to 1942, except in...

      5. Temporary housing under Act of 1944

        1. 10.(1) The Housing (Temporary Accommodation) Act 1944, and any agreement...

      6. Exchequer contributions for unfit houses retained by local authorities

        1. 11.(1) Payments under section 19 of the Act of 1968—...

      7. Agricultural housing accommodation

        1. 12.(1) A local authority shall not approve an application for...

      8. Determination of disputes

        1. 13.Any dispute between two or more housing authorities, or between...

      9. Duty to supply information

        1. 14.Every housing authority and housing association shall supply the Secretary...

      10. Expenses of Secretary of State

        1. 15.Any payments to be made by the Secretary of State...

    9. SCHEDULE 9

      Minor and Consequential Amendments

      1. THE LOCAL GOVERNMENT (SCOTLAND) ACT 1947 (C. 43)

        1. 1.In Schedule 6 (enactments for purposes of which money may...

      2. THE LOCAL GOVERNMENT (FINANCIAL PROVISIONS) (SCOTLAND) ACT 1963 (C. 12)

        1. 2.In section 3 (reduction of rate support grants in respect...

      3. THE LOCAL GOVERNMENT (DEVELOPMENT AND FINANCE) (SCOTLAND) ACT 1964 (C. 67)

        1. 3.In section 9 (local authorities' capital funds) after subsection (2)...

      4. THE MINISTRY OF SOCIAL SECURITY ACT 1966 (c. 20)

        1. 4.In section 16 of the Ministry of Social Security Act...

      5. Supplementary benefit: rent brought into calculation of requirements

        1. 5.At the end of paragraph 13 of Schedule 2 to...

        2. 6.(1) The provisions of this paragraph have effect as respect...

      6. THE HOUSING (SCOTLAND) ACT 1966 (c. 49)

        1. 7.In section 145 (powers of dealing with land acquired or...

        2. 8.In section 146 (power of Secretary of State in certain...

        3. 9.In section 151 (conditions to be observed in management of...

        4. 10.In section 175 (compulsory purchase of land by Scottish Special...

        5. 11.In section 195 (default powers of Secretary of State in...

      7. THE LOCAL GOVERNMENT (SCOTLAND) ACT 1966 (c. 51)

        1. 12.In section 2 (rate support grants) in the definition of...

        2. 13.In section 46(1) (general interpretation) in the definition of "...

        3. 14.In Schedule 1 (rate support grants), in paragraph 4(2) of...

      8. THE HOUSING (FINANCIAL PROVISIONS) (SCOTLAND) ACT 1968 (C. 31)

        1. 15.In section 21 (exchequer contributions for hostels), in subsection (4)...

        2. 16.In section 25 (advances to Scottish Special Housing Association) for...

        3. 17.In section 27 (power of local authorities to make improvement...

        4. 18.In section 29 (amount of improvement grants and payment thereof)...

        5. 19.In section 40 (duty of local authorities to make standard...

        6. 20.In section 58 (power of Secretary of State to reduce,...

        7. 21.In Schedule 3 (conditions to be observed with respect to...

      9. THE RENT (SCOTLAND) ACT 1971 (c. 28)

        1. 22.In section 5(5) (conditions for a housing association tenancy to...

        2. 23.In section 21(2)(b) (limit of rent during statutory periods), after...

        3. 24.In section 46 (regulations), in subsection (2) for the words...

        4. 25.In section 85 (contracts), at the end of subsection (3)...

        5. 26.In section 88(1) (power of rent tribunals on reference of...

        6. 27.In section 125 (powers of local authorities for the purposes...

        7. 28.At the end of Schedule 6 (applications for registration of...

        8. 29.At the end of Schedule 7 (certificates of fair rent)...

        9. 30.At the end of Part II of Schedule 12 (applications...

      10. THE FIRE PRECAUTIONS ACT 1971 (c. 40)

        1. 31.(1) In section 34 (modification of Rent Act 1968 and...

      11. The Sheriff Courts (Scotland) Act 1971 (c. 58)

        1. 32.In Schedule 1 (minor and consequential amendments) for paragraph 4...

    10. SCHEDULE 10

      Transitional Provisions

      1. Residual subsidy

        1. 1.(1) Any amount of residual subsidy payable for the year...

      2. Housing Repairs Account

        1. 2.(1) No housing repairs account shall be kept for the...

      3. Housing Equalisation Account

        1. 3.(1) No housing equalisation account shall be kept for the...

      4. Modifications of Part VI of the Act of 1971

        1. 4.An application under Part VI of the Act of 1971...

    11. SCHEDULE 11

      Repeals

      1. PART I Housing Accounts

      2. PART II Controlled and Regulated Tenancies

      3. PART III Housing Subsidies

      4. PART IV The Housing (Rural Workers) Acts

      5. PART V Other Repeals

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