Housing Act 1974

The [1973 c. 56.] Land Compensation (Scotland) Act 1973

42 (1) In section 27 of the Land Compensation (Scotland) Act 1973 (right to home loss payment where person displaced from dwelling), subsection (1) shall be amended as follows:—

(a) in paragraph (c) after the words " the carrying out of" there shall be inserted the words " any improvement to the dwelling or of " and at the end of that paragraph there shall be added the following paragraph:—

“(d) where the land has previously been acquired by a registered housing association, within the meaning of the Housing Act 1974, the carrying out by that association of any improvement to the dwelling or of redevelopment on the land”; and

(b) for the words from "the acquiring authority" to the end of the subsection there shall be substituted the following paragraphs:—

“(i) where paragraph (a) above applies, the acquiring authority;

(ii) where paragraph (b) above applies, the authority who made the order, passed the resolution or accepted the undertaking;

(iii) where paragraph (c) above applies, the authority carrying out the improvement or redevelopment; and

(iv) where paragraph (d) above applies, the housing association carrying out the improvement or redevelopment.”

(2) After subsection (3) of that section there shall be inserted the following subsection:—

“(3A) For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of the carrying out of any improvement to the dwelling unless he is permanently displaced from it in consequence of the carrying out of the improvement in question.”

(3) In subsection (7) of that section the words " and ' redevelopment ' includes a change of use " shall be omitted and at the end of that subsection there shall be inserted the following subsection:—

“(7A) In this section

• ' improvement ' includes alteration and enlargement; and ' redevelopment ' includes a change of use”.

43 (1) In section 34 of that Act (disturbance payments for persons without compensatable interests), subsection (1) shall be amended—

(a) by inserting, in paragraph (c), after the words " the carrying out of " , the words "any improvement to a house or building on the land or of " ;

(b) by adding, at the end of paragraph (c), the following paragraph:—

“(d) where the land has previously been acquired by a registered housing association, within the meaning of the Housing Act 1974, the carrying out by that association of any improvement to a house or building on the land or of redevelopment on that land”; and

(c) by making the like amendments as are specified, in relation to section 27(1) of that Act, in paragraph 42(1)(b) above.

(2) In subsection (3) of that section for the words " or redevelopment as is mentioned in paragraph (a) or (c)" there shall be substituted the words " improvement or redevelopment as is mentioned in paragraph (a), (c) or (d) ".

(3) After subsection (3) of that section, there shall be inserted the following subsection:—

“(3) For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the carrying out of any improvement to a house or building unless he is permanently displaced in consequence of the carrying out of the improvement in question”.

(4) In subsection (8) of that section after the word " undertaking " there shall be inserted the word " ' improvement' ".

44 (1) In section 36 of that Act (duty to rehouse residential occupiers) in paragraph (c) of subsection (1) after the words "the carrying out of " there shall be inserted the words " any improvement to a house or building on the land or of ".

(2) In subsection (3) of that section after the word " demolition " there shall be added the words " or improvement ".

(3) In subsection (6) of that section after the words " such acquisition " there shall be inserted the word " improvement ".

(4) In subsection (9) of that section after the word " undertaking " there shall be inserted the word " ' improvement' ".

45 (1) In section 40 of that Act (power to defray expenses in connection with acquisition of new dwellings) in subsection (1)—

(a) for the words " any such acquisition as is mentioned in section 36(1)(a) above there shall be substituted the words " any of the events specified in paragraphs (a) to (c) of section 36(1) above "; and

(b) for the words " the acquiring authority" there shall be substituted the words " then, according to the nature of the event in consequence of which he was displaced, the acquiring authority, the authority who made the order, passed the resolution or accepted the undertaking or the authority carrying out the improvement or re-development ".

(2) In subsection (4) of that section for the words "subsection (1)(a) " there shall be substituted the words " any provision of subsection (1) ".