Housing (Financial Provisions) (Scotland) Act 1972

72 Default by local authority

Section 195 of the Act of 1966 (default powers of Secretary of State in relation to rents) shall have effect as if—

(a) In subsection (1) for the words from "there has" to " this Act" there were substituted the words

“a local authority—

(a) have failed effectively to discharge any of their functions under Part II, III or IV of the Housing (Financial Provisions) (Scotland) Act 1972 ; or

(b) have failed so to discharge any function conferred on them by that Act or any other enactment as to secure the effective discharge of any of their functions under those Parts of that Act;”

(b) after subsection (4) there were inserted the following subsections—

“(4A) Without prejudice to subsection (4) above, where a local authority have failed to comply with any requirement of—

(a) a default order within the time specified therein, being a default order in which the Secretary of State has declared the local authority to be in default in respect of a failure such as is mentioned in subsection (1) of this section, but has not directed them to comply with a rents scheme, or

(b) a rents scheme to which they have been directed under this section (whether in a default order or in a supplementary order),

the Secretary of State may make an order rendering exercisable by him such functions of the local authority under Part II, III or IV of the Housing (Financial Provisions) (Scotland) Act 1972 as are specified in the order and such other functions of the local authority as the Secretary of State considers necessary or expedient for the performance of those functions and as are so specified, and he may direct that the authority shall not during such time as the order is in force perform any function conferred by the order on him.

(4B) Section 194 of this Act shall apply for the purposes of subsection (4A) above as it applies for the purposes of section 193 of this Act.

(4C) It shall be the duty of a local authority, any of whose functions the Secretary of State is exercising by virtue of an order under subsection (4A) above, and any officer or servant of such an authority, to take all reasonable steps to facilitate the performance of those functions by the Secretary of State.”

(c) after subsection (5) there were inserted the following subsection—

“(5A) The Secretary of State may—

(a) in a default order in which he has not directed a local authority to comply with a rents scheme made under this section, or

(b) in a default order or supplementary order in which he has so directed the local authority, or

(c) in an order under subsection (4A) above,

require the local authority or, as the case may be, empower himself to treat during such period as may be specified in the order any provision of the Housing (Financial Provisions) (Scotland) Act 1972 so specified—

(i) as having effect with such exceptions, adaptations and modifications as may be so specified,

(ii) as not having effect.”