Housing (Financial Provisions) (Scotland) Act 1972

General

78 Interpretation

(1) In this Act, unless the context otherwise requires—

• " the Act of 1966 " means the [1966 c. 49.] Housing (Scotland) Act 1966;

• " the Act of 1968 " means the [1968 c. 31.] Housing (Financial Provisions) (Scotland) Act 1968;

• " the Act of 1969 " means the [1969 c. 34.] Housing (Scotland) Act 1969;

• " the Act of 1971 " means the [1971 c. 28.] Rent (Scotland) Act 1971;

• " development corporation " has the same meaning as in section 2 of the [1968 c. 16.] New Towns (Scotland) Act 1968 ;

• " development corporation house " means a house owned by a development corporation and available to them for the purpose of providing rented accommodation and " the number of development corporation houses " for any period means the number of such houses on the relevant date, except that for the purposes of section. 8 of this Act for the year 1971-72 it means such number as the Secretary of State deems to be development corporation houses for that year;

• " house " has the same meaning as in the Act of 1966, except that it includes any structure made available under section 1 of the [1944 c. 36.] Housing (Temporary Accommodation) Act 1944;

• " housing association " has the same meaning as in the Act of 1966, except that, subject to sections 58 and 59 of this Act, it does not include the Scottish Special Housing Association or a development corporation or any association which is, or is deemed to be, duly registered under the [1965 c. 12.] Industrial and Provident Societies Act 1965 and whose rules restrict membership to persons who are tenants or prospective tenants of the association, and preclude the granting or assigning of tenancies to persons other than members;

• " housing authority " means a local authority, a development corporation or the Scottish Special Housing Association;

• " land " includes any estate or interest in land ;

• " local authority " has the meaning assigned to it by section 1 of the Act of 1966 ;

• " overspill agreement ", has the same meaning as in section 9(1) of the [1957 c. 38.] Housing and Town Development (Scotland) Act 1957;

• " the relevant date " in relation to any period means the date occurring six months after the beginning of that period;

• " rental period " means a period in respect of which a payment of rent falls to be made;

• " Scottish Special Housing Association house " means a house owned by the Scottish Special Housing Association and available to them for the purpose of providing rented accommodation and " the number of Scottish Special Housing Association houses " for any period means the number of such houses on the relevant date ;

• " a service charge " means any charge referred to in section 32 of this Act;

• " standard rent " means, in relation to a local authority, the rent payable in respect of a house to which the housing revenue account relates before account is taken of any rent rebate, service charge or supplementary charge and, in relation to a development corporation or the Scottish Special Housing Associations, means the rent payable in respect of a development corporation house or a Scottish Special Housing Association house before account is taken of any rent rebate or any sums payable for services or furniture; and the income receivable from the standard rent of a house for any period means the income which would be received for that period if the house were let throughout that period and the rent were paid in full;

• " supplementary charge " has the meaning assigned to it by section 33(3) of this Act;

• " tenant " includes a joint-tenant and a sub-tenant;

• " year " means, in relation to a local authority, a financial year within the meaning of section 174 of the [1947 c. 43.] Local Government (Scotland) Act 1947 and, in relation to a development corporation, the Scottish Special Housing Association or a housing association, means a year ending on 31st March ;

• " the year 1972-73 " means the year beginning in 1972 and ending in 1973, and so on.

(2) In this Act any reference to an amount per house or an amount of income per house or an amount of expenditure per house shall be construed as a reference, in the case of a local authority, to an aggregate amount for a period divided by the number of houses to which the local authority's housing revenue account relates for that period and, in the case of a development corporation or the Scottish Special Housing Association, as a reference to an aggregate amount for a period divided by the number of development corporation houses or the Scottish Special Housing Association houses for that period.

(3) In this Act any reference to houses to which the housing revenue account relates shall be construed as a reference to houses completed and available to a local authority for the purpose of providing rented accommodation and in respect of which income and expenditure is to be accounted for in that account in accordance with section 23 of this Act, and any reference to the number of such houses for any period shall be construed as a reference to the number of houses on the relevant date.

(4) References in this Act to any enactment shall be construed, except where the context otherwise requires, as references to that enactment as amended, and as including references thereto as applied, by any other enactment, including any enactment contained in this Act.

79 Minor and consequential amendments, transitional provisions and repeals

(1) The enactments specified in Schedule 9 to this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

(2) The transitional provisions contained in Schedule 10 to this Act shall have effect.

(3) The enactments specified in Schedule 11 to this Act are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of any Part of that Schedule, and subject to the provisions of Schedules 8 and 10 to this Act.

80 Financial provisions

(1) There shall be paid out of money provided by Parliament—

(a) any expenses of the Secretary of State under this Act, and

(b) any increase in the sums payable out of money provided by Parliament under any Act other than this Act which is attributable to any provision of this Act.

(2) There shall be paid into the Consolidated Fund—

(a) any payments to be made to, or to be recoverable by, the Secretary of State under this Act, and

(b) any increase in the sums so payable under any Act other than this Act which is attributable to any provision of this Act.

81 Citation, commencement and extent

(1) This Act may be cited as the Housing (Financial Provisions) (Scotland) Act 1972.

(2) The Housing (Scotland) Acts 1966 to 1971 and this Act (except Part V) may be cited together as the Housing (Scotland) Acts 1966 to 1972, and the Rent (Scotland) Act 1971 and Part V of this Act may be cited together as the Rent (Scotland) Acts 1971 and 1972.

(3) Except as otherwise expressly provided, this Act shall come into force at the expiration of a period of one month beginning with the date on which it is passed:

Provided that the Secretary of State may by order made by statutory instrument bring any provision of this Act into force, except any provision which expressly provides otherwise, before the expiration of the said period of one month.

(4) Any reference in any provision of this Act to the coming into force of this Act shall be construed as a reference to the date on which that provision comes into force.

(5) This Act shall extend to Scotland only.