1In section 70 (conversion of controlled tenancies of dwelling-houses provided with standard amenities and in good repair),—

(a)in subsection (2), the word " or " occurring after the word " certificate " and the words from " on such " to the end shall cease to have effect;

2In section 71 (application for qualification certificate), for subsections (1) and (2) there shall be substituted the following subsections—

“(1)Where the landlord considers that the dwelling-house satisfies the qualifying conditions, he may make an application for a qualification certificate under this subsection.

(2)An application for a qualification certificate may be made under this subsection with respect to a dwelling-house (whether or not as part of or in conjunction with an application for a grant under Part II of the Act of 1968) notwithstanding that at the time of the making of the application the dwelling-house does not satisfy the qualifying conditions.”

(a)in subsection (1), for the words " and send a copy thereof" there shall be substituted the words " , but if it does not so appear to the local authority they shall give notice to the applicant of their refusal to issue such a certificate; and they shall send a copy of the certificate or of the notice ";

“(3)After the works specified in the application for a qualification certificate have been carried out and on being satisfied that the dwelling-house satisfies the qualifying conditions, the local authority shall issue the qualification certificate, but if they are not so satisfied they shall give notice to the applicant of their refusal to issue that certificate ; and they shall send a copy of the certificate or of the notice to the tenant.”

(a)in subsection (1), for the words from " if the certificate " to the end there shall be substituted the words " if a certificate of fair rent has been issued on an application under Part I of Schedule 12 to this Act, also by a copy of that certificate. ";

(b)in subsection (2), for the words from " qualification " to the end there shall be substituted the words " certificate of fair rent has been issued on an application under Part I of the said Schedule 12. "

5In section 76 (appeal in certain cases against issue or refusal of qualification certificate),—

(a)in subsection (1), after the word "72(2)" there shall be inserted the words " or 73(1) or (3) ", and for the words " certificate ought to be issued " there shall be substituted the words " qualification certificate or, as the case may be, the certificate of provisional approval ought to be issued ";

(b)in subsection (2), after the word " 72(2)" there shall be inserted the words " or 73(3) ", and after the words " qualification certificate " there shall be inserted the words " or under section 73(1) of this Act of a copy of a certificate of provisional approval ".

6Section 77 (postponement in certain cases of effect of qualification certificate) shall cease to have effect.

7Section 78 (modifications of that Act in relation to tenancies converted under Part VI of that Act) shall cease to have effect.

(b)in subsection (2), after the words " statutory tenancy " there shall be inserted the words " (whether a controlled or a regulated tenancy) " the words " or confirm " shall cease to nave effect, and for paragraph (a) there shall be substituted the following paragraph—

“(a)those works were specified in an application for a qualification certificate under section 71(2) of this Act and a certificate of provisional approval has been issued ; or”;

(c)in subsection (4), after the word " circumstances " there shall be inserted the words " (other than the means of the tenant) ", after the words " from the works," there shall be inserted the word " and " , and the words from " his means " to the end shall cease to have effect.

9Subject to paragraphs 10, 11 and 12 below, Schedule 13 shall have effect with respect to any year of a period of delay imposed under that Schedule which begins on and after 1st January 1973 subject to the following modifications—

(a)in paragraph 3(1), at the beginning there shall be added the words " Subject to paragraph 3(1)(c) of Part III of the Schedule to the Fire Precautions Act 1971 ", at the end of sub-paragraph (a) there shall be added the word " and ", sub-paragraph (b) shall cease to have effect and in sub-paragraph (c) for the words "aggregate of the amounts specified in paragraphs (a) and (b) above " there shall be substituted the words " amount specified in sub-paragraph (a) above ";

(b)in paragraph 3(3) for the reference to 37½ new pence there shall be substituted a reference to 50 new pence, and in sub-paragraph (a) for the words " aggregate of the amounts specified in sub-paragraphs (1)(a) and (1)(b) " there shall be substituted the words " amount specified in sub-paragraph(1)(a) ";

(c)in paragraph 4(1) for the words from "the Rent" to the end there shall be substituted the words " this Act or section 36(2) of the Housing (Financial Provisions) (Scotland) Act 1972 had been served. ";

(f)in paragraph 8 for the words from " paragraphs 1 to 6 " to the end there shall be substituted the words " the provisions of this Schedule shall apply as if it had continued and in particular paragraph 7 of this Schedule shall, subject to paragraph 8B below, apply with the necessary modifications ".

“Rent Agreements

8AWhere, after a tenancy becomes a regulated tenancy by virtue of Part VI of this Act or, as the case may be, after the completion of the works referred to in paragraph 1(b) above, an agreement increasing the rent under the tenancy (but without creating a new regulated tenancy) takes effect, whether before or after the beginning of the period of delay imposed by paragraph 2 above, then, subject to paragraph 8B below,—

(a)the rent limit for any contractual period of the regulated tenancy beginning during that period of delay shall be the amount to which, if the agreement had not been made, the rent payable under the tenancy could have been increased in accordance with this Schedule for a statutory period beginning at the same time, and, in relation to such a contractual period, the reference in section 43(3)(a) of this Act to section 19(2) of this Act, shall be construed as a reference to this sub-paragraph, and

(b)in relation to any statutory period of the regulated tenancy beginning during that period of delay, the provisions of this Schedule shall have effect as if the agreement had not been made.

8BIf, in the period between the time when the controlled tenancy of a dwelling-house becomes a regulated tenancy by virtue of Part VI of this Act or, as the case may be, the time when the works referred to in paragraph 1(b) of this Schedule are completed, and the registration of such a rent as is mentioned in paragraph 1 of this Schedule, a rent agreement with a tenant having security of tenure within the meaning of Part V of the Housing (Financial Provisions) (Scotland) Act 1972 takes effect as respects the dwelling-house and the provisions of sections 42 and 43 or, as the case may be, sections 42 and 44, of that Act have been observed as respects the agreement, then the provisions of this Schedule shall apply as respects the period after the actual date when the rent was registered for the dwelling-house as if the date of registration had been on the date when the agreement took effect.”;

(h)after paragraph 10 there shall be inserted the following paragraph—

“10AWhere a registration takes effect from a date earlier than the date of registration, references in this Schedule to the date of registration shall nonetheless be references to the later date.”

10If in a period of delay imposed under Schedule 13, the registration at the beginning of the period of delay is superseded by a later registration of a higher rent and the later registration is on or after 1st January 1973, then for paragraph 6(4) of that Schedule there shall be substituted the following sub-paragraph—

“(4)If the new rent exceeds the first rent, the rent payable for any statutory period beginning after the date of registration may be increased by the difference between the first rent and the new rent but, apart from that increase, the amount to which the rent may be increased thereafter (up to the new rent) is to be determined as if the first rent had remained registered.”

11Without prejudice to paragraphs 9 and 10 above, in the case of a registration of a rent on or after 1st January 1973 the said Schedule shall have effect on and after that date subject to the additional modification that in paragraph 2 (period of delay) for sub-paragraphs (a) and (b) there shall be substituted the words " a period of two years ".

12Without prejudice to paragraphs 9 and 10 above, in the case of a rent registered before 1st January 1973 with respect to which there is a period of delay imposed by paragraph 2 of Schedule 13, the Schedule shall have effect on and after that date subject to the following additional modifications—

(a)where the second year of a period of delay of four years under the Schedule begins on or after 1st January 1973 the period of delay shall instead be two years, and the fraction in the third column of the Table in paragraph 2(2) for the second year shall be three fifths, and not two fifths;

(b)where paragraph (a) above does not apply and any year of a period of delay of four years begins on or after 1st January 1973, the period of delay shall instead be three years, and, if the said date falls in the second year of delay, the fraction in the said third column for the third year shall be four fifths, and not three fifths.

SCHEDULES

SCHEDULE 7Modifications of Part VI of the Rent (Scotland) Act 1971

“Rent Agreements