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Housing Act 1974

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This is the original version (as it was originally enacted).

23(1)In section 23(3)(a) of the Housing (Financial Provisions) (Scotland) Act 1972 (certain buildings not to be included among those in respect of which local authority are required to keep a housing revenue account) after the words " the Act of 1968" there shall be inserted the words " or section 107 of the Housing Act 1974 ".

(2)In section 52 of that Act (the basic residual subsidy), at the beginning of subsection (8) (the withdrawal factor for years subsequent to 1972-73) there shall be inserted the words " Subject to subsection (9) below " and after that subsection there shall be added the following subsection:—

(9)For the year 1974-75, the withdrawal factor is zero..

(3)In section 53 of that Act (the special residual subsidy), at the beginning of subsection (9) (the reduction factor for houses completed during any specified year) there shall be inserted the words " Subject to subsection (10) below " and after that subsection there shall be added the following subsection:—

(10)For the purposes of subsections (6)(b) and (7) above the reduction factor for houses completed during the year 1972-73 or, as the case may be, 1973-74 is zero.

(4)In sections 54(1) and 55(12) of that Act (power of Secretary of State to modify basis of calculation of certain subsidies where a housing association's income for any year will be inadequate to meet the expenditure which it would be reasonable for them to incur in that year in exercise of their housing functions) after the words " will be " there shall be inserted the words " or was " and after the words "would be" there shall be inserted the words " or, as the case may be, was ".

(5)In section 61(2) of that Act (rents to be registrable under Part IV of the Rent (Scotland) Act 1971) after the words " the Act of 1971 " there shall be inserted the words " (and no other provisions of that Act) shall apply to a tenancy to which the said sections 60 to 66 apply and in their application to such tenancies ".

(6)After subsection (3) of section 62 of that Act (rent limit where no rent is registered) there shall be inserted the following subsection—

(3A)The reference in paragraph (b) of subsection (3) above to another tenancy includes, in addition to a tenancy to which sections 62 to 66 of this Act apply, a regulated tenancy within the meaning of the Act of 1971—

(a)which subsisted at any time after the operative date, within the meaning of the Housing Act 1974 ; and

(b)under which, immediately before it came to an end, the interest of the landlord belonged to a housing association.

(7)In section 66 of that Act (increase of rent without notice to quit) the reference to a housing association shall, on and after the operative date, be construed as not extending to an unregistered housing association unless the provisions of section 18(1)(b) or (c) of this Act apply to that association.

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