Housing (Scotland) Act 1987

1. Introductory Text

2. PART I PROVISION OF HOUSING

   1. Duties and powers of local authorities

      1. 1. Duty of local authority to consider needs of their area for further housing accommodation

      2. 2. Powers of local authority to provide housing accommodation

      3. 3. Power of local authority to provide shops, etc., in connection with housing accommodation

      4. 4. Power of local authority to provide furniture, etc.

      5. 5. Power of local authority to provide board and laundry facilities

      6. 6. Duty of local authority to have regard to amenities of locality, etc.

      7. 7. Execution of works by local authority in connection with housing operations outside their area

      8. 8. Adjustment of differences between local authorities as to carrying out of proposals for provision of housing accommodation

   2. Acquisition and disposal of land

      1. 9. Power of local authority to acquire land for, or in connection with, provision of housing accommodation

      2. 10. Procedure for acquiring land

      3. 11. Local authority may take possession of land to be acquired by agreement or appropriated for purposes of this Part

      4. 12. Powers of dealing with land acquired or appropriated for purposes of this Part

      5. 13. Power of Secretary of State in certain cases to impose conditions on sale of local authority's houses, etc.

      6. 14. Powers of local authorities to sell certain houses without consent of Secretary of State

      7. 15. Power of local authority to enforce obligations against owner for time being of land

      8. 16. Disposal of land for erection of churches, etc.

   3. Management and allocation of local authority's houses

      1. 17. General management and inspection of local authority's houses

      2. 18. Byelaws for regulation of local authority's houses

      3. 19. Admission to housing list

      4. 20. Persons to have priority on housing list and allocation of housing

      5. 21. Publication of rules relating to the housing list and to transfer of tenants

   4. Housing co-operatives

      1. 22. Agreements for exercise by housing co-operatives of local authority housing functions

   5. Powers of Scottish Special Housing Association

      1. 23. Compulsory purchase of land by Scottish Special Housing Association

3. PART II HOMELESS PERSONS

   1. Main definitions

      1. 24. Homeless persons and persons threatened with homelessness

      2. 25. Priority need for accommodation

      3. 26. Becoming homeless intentionally

      4. 27. Meaning of "local connection"

   2. Duties of local authorities with respect to homelessness and threatened homelessness

      1. 28. Inquiry into cases, of possible homelessness or threatened homelessness

      2. 29. Interim duty to accommodate in case of apparent priority need

      3. 30. Notification of decision and reasons

      4. 31. Duties to persons found to be homeless

      5. 32. Duties to persons found to be threatened with homelessness

      6. 33. Referral of application to another local authority

      7. 34. Duties to persons whose applications are referred

      8. 35. Supplementary provisions

      9. 36. Protection of property of homeless persons and persons threatened with homelessness

   3. Administrative provisions

      1. 37. Guidance to authorities by the Secretary of State

      2. 38. Co-operation between authorities

   4. Assistance for voluntary organisations

      1. 39. Financial and other assistance for voluntary organisations concerned with homelessness

   5. Supplementary provisions

      1. 40. False statements, withholding information and failure to disclose change of circumstances

      2. 41. Meaning of accommodation available for occupation

      3. 42. Application of this Part to cases arising in England or Wales

      4. 43. Minor definitions

4. PART III RIGHTS OF PUBLIC SECTOR TENANTS

   1. Security of tenure

      1. 44. Secure tenancies

      2. 45. Special provision for housing associations

      3. 46. Restriction on termination of secure tenancy

      4. 47. Proceedings for possession

      5. 48. Powers of sheriff in proceedings

      6. 49. Rights of landlord where a secure tenancy appears to have been abandoned

      7. 50. Repossession

      8. 51. Tenant's right of recourse to sheriff

   2. Succession

      1. 52. Succession to secure tenancy

   3. Leases

      1. 53. Tenant's right to written lease

      2. 54. Restriction on variation of terms of secure tenancies

   4. Subletting

      1. 55. No subletting by secure tenant without landlord's consent

      2. 56. Rent payable by subtenants

   5. Repairs and improvements

      1. 57. Landlord's consent to work

      2. 58. Reimbursement of cost of work

      3. 59. Effect of works on rent

      4. 60. Scheme giving tenant a right to carry out repairs

   6. Right to buy

      1. 61. Secure tenant's right to purchase

      2. 62. The price

   7. Procedure

      1. 63. Application to purchase and offer to sell

      2. 64. Conditions of sale

      3. 65. Variation of conditions

      4. 66. Notice of acceptance

      5. 67. Fixed price option

      6. 68. Refusal of applications

   8. Houses provided for special purposes

      1. 69. Secretary of State's power to authorise refusal to sell certain houses provided for persons of pensionable age

      2. 70. Power to refuse to sell certain houses required for educational purposes

   9. Lands Tribunal

      1. 71. Reference to Lands Tribunal

   10. Recover ability of discount

       1. 72. Recovery of discount on early re-sale

       2. 73. Cases where discount etc. is not recoverable

   11. Duties of landlords

       1. 74. Duties of landlords

       2. 75. Agreements affecting right to purchase

       3. 76. Duty of landlords to provide information to secure tenants

   12. Powers of Secretary of State

       1. 77. Secretary of State may make provision for vesting in landlord to bring into being tenant's right to purchase house

       2. 78. Secretary of State may give directions to modify conditions of sale

       3. 79. Secretary of State may give financial and other assistance for tenants involved in proceedings

       4. 80. Secretary of State may make contributions towards the cost of transfers and exchanges

       5. 81. Information from landlords in relation to Secretary of State's powers

   13. General

       1. 82. Interpretation of this Part

       2. 83. Members of a person's family

       3. 84. Service of notices

5. PART IV SUB-STANDARD HOUSES

   1. The tolerable standard

      1. 85. General duty of local authority in respect of houses not meeting tolerable standard

      2. 86. Definition of house meeting tolerable standard

      3. 87. Official representation that house does not meet tolerable standard

   2. Improvement order

      1. 88. Improvement of houses below tolerable standard outside housing action areas

   3. Housing action areas

      1. 89. Declaration of housing action areas for demolition

      2. 90. Declaration of housing action areas for improvement

      3. 91. Declaration of housing action areas for demolition and improvement

      4. 92. Provisions supplementary to sections 89 to 91

      5. 93. Consent to demolition of listed buildings, rehabilitation orders and compensation

   4. Powers of Secretary of State

      1. 94. Functions of Secretary of State, and duty of local authority to publish information

   5. Powers of local authority

      1. 95. Further procedure, powers of local authority on acquisition of land, compensation and agricultural holdings

      2. 96. Power of local authority to retain houses subject to demolition for temporary occupation

      3. 97. Local authority may control occupation of houses in housing action areas

      4. 98. Obligation of local authorities in relation to rehousing in housing action areas

   6. Landlords and tenants in housing action areas

      1. 99. Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(a)

      2. 100. Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(c)

      3. 101. Application to sheriff for possession where house is identified in accordance with paragraph 1 of Schedule 8 as read with section 92(4)(b)

      4. 102. Procedure; and application of s. 103(1) of Rent (Scotland) Act 1984

      5. 103. Certain provisions of. Rent (Scotland) Act 1984 not to apply

      6. 104. Effect of refusal to make order on validity of resolution

   7. Miscellaneous

      1. 105. Exclusion of houses controlled by Crown

      2. 106. Power of local authority to arrange for the execution of works of improvement by agreement with the owner

      3. 107. Conditions may be attached to sale of below-standard local authority houses

6. PART V REPAIR OF HOUSES

   1. Repair notices

      1. 108. Power of local authority to secure repair of house in state of serious disrepair

      2. 109. Recovery by local authority of expenses under s. 108

      3. 110. Recovery by lessee of proportion of expenses incurred in repairing house

   2. Appeals etc.

      1. 111. Appeals under Part V

      2. 112. Date of operation of notices, demands and orders subject to appeal

   3. Landlord and tenant

      1. 113. Obligations to repair

7. PART VI CLOSING AND DEMOLITION ORDERS

   1. Powers of local authority

      1. 114. Closing order

      2. 115. Demolition order

      3. 116. Revocation of closing and demolition order

      4. 117. Undertakings to bring up to tolerable standard and suspension order

      5. 118. Service

      6. 119. Listed buildings and houses subject to building preservation orders

      7. 120. Powers of local authority in relation to building consisting wholly of closed houses

      8. 121. Local authority may acquire and repair house or building liable to closing or demolition order

   2. Offences

      1. 122. Penalty for use of premises in contravention of closing order or of undertaking

   3. Powers of local authority following demolition order

      1. 123. Procedure where demolition order made

      2. 124. Power of local authority to purchase site of demolished building where expense of demolition cannot be recovered

   4. Demolition of obstructive buildings

      1. 125. Local authority may by resolution require demolition of obstructive building

      2. 126. Effect of resolution for demolition of obstructive building

   5. Possession

      1. 127. Recovery of possession of building or house subject to closing order, etc.

      2. 128. Recovery of possession of house to which Rent Act applies

   6. Appeals and date of operation of certain notices, etc.

      1. 129. Appeals

      2. 130. Date of operation of notices, orders or resolutions subject to appeal

   7. Charging orders

      1. 131. Power of local authority to make charging order in favour of themselves

   8. Supplementary

      1. 132. Protection of superiors and owners

      2. 133. Interpretation

   9. Saving

      1. 134. Saving for telecommunication and gas apparatus

8. PART VII OVERCROWDING

   1. Definition of overcrowding

      1. 135. Definition of overcrowding

      2. 136. The room standard

      3. 137. The space standard

   2. Powers of Secretary of State

      1. 138. Secretary of State may increase permitted number of persons temporarily

   3. Responsibility of occupier

      1. 139. Penalty for occupier causing or permitting overcrowding

      2. 140. Exception: children attaining age of 1 or 10

      3. 141. Exception: temporary visitor

      4. 142. Licence of local authority

      5. 143. Exception: holiday visitors

   4. Powers and duties of landlord

      1. 144. Offence by landlord not to inform prospective tenant of permitted number of occupants

      2. 145. Recovery of possession of overcrowded house that is let

   5. Powers and duties of local authority

      1. 146. Duty of local authority to inspect district and to make reports and proposals as to overcrowding

      2. 147. Power to require information about persons sleeping in house

      3. 148. Duty to give information to landlords and occupiers

      4. 149. Power to publish information

      5. 150. Duty to enforce this Part

      6. 151. Interpretation and application

9. PART VIII HOUSES IN MULTIPLE OCCUPATION

   1. Registration schemes

      1. 152. Registration schemes

      2. 153. Steps to inform the public about scheme

      3. 154. Proof of scheme and contents of register

      4. 155. Power to require information for purposes of scheme

   2. Management code

      1. 156. Power of Secretary of State to make management code

      2. 157. Power of local authority to apply management code to particular house

      3. 158. Appeal against making of, or failure to revoke, order under s. 157

      4. 159. Registration of order and of revocation

   3. Powers of local authority to require works to be done

      1. 160. Notice requiring compliance with management code

      2. 161. Notice requiring compliance with standards

      3. 162. Notice requiring provision of means of escape from fire

      4. 163. Appeal against notice requiring execution of works

      5. 164. Carrying out of works by local authority

      6. 165. Penalty for failure to execute works

   4. Overcrowding

      1. 166. Local authority may give directions to prevent or reduce overcrowding in house in multiple occupation

      2. 167. Notice of direction

      3. 168. Power to require information where notice is in force

      4. 169. Revocation and variation

      5. 170. Appeal against refusal

   5. Supplementary

      1. 171. Application of sections 156 to 161 to certain buildings comprising separate dwellings

      2. 172. Management code to be available for dwellings in certain tenements

      3. 173. Warrant to authorise entry

      4. 174. Application to sheriff where consent unreasonably withheld

      5. 175. Protection of superiors and owners

      6. 176. Identity and notice under Part VIII

      7. 177. Statutory tenant to be regarded as lessee, etc.

   6. Control orders

      1. 178. Making of control order

      2. 179. General effect of control order

      3. 180. Effect of control order on persons occupying house

      4. 181. Effect of control order in relation to furniture in furnished lettings

      5. 182. General duties of local authority when control order in force

      6. 183. Compensation payable to dispossessed proprietor

      7. 184. Duty to prepare management scheme

      8. 185. Power of sheriff to modify or determine lease

   7. Appeals

      1. 186. Appeal against control order

      2. 187. Control order revoked on appeal

   8. Expiration and revocation of control order, etc.

      1. 188. Expiration of control order, and earlier revocation by local authority or sheriff

      2. 189. Effect of cessation of control order

      3. 190. Interpretation of Part VIII

10. PART IX GOVERNMENT GRANTS AND SUBSIDIES

    1. Housing support grants to local authorities

       1. 191. Housing support grants: fixing of aggregate amount

       2. 192. Apportionment of housing support grants

       3. 193. Variation of orders

    2. Grants to the Scottish Special Housing Association and other bodies

       1. 194. Grants payable to the Scottish Special Housing Association and development corporations

       2. 195. Grants for affording tax relief to Scottish Special Housing Association

       3. 196. Advances to Scottish Special Housing Association for provision or improvement of housing accommodation

       4. 197. Financial assistance to voluntary organisations concerned with housing

    3. Payment of grants

       1. 198. Payment of grants and accounting provisions

       2. 199. Termination of certain exchequer payments to housing authorities

    4. Slum clearance subsidy

       1. 200. The slum clearance subsidy

    5. Payment of subsidies

       1. 201. Payment of subsidies and accounting provisions

    6. Secretary of State's power to vary Exchequer contributions

       1. 202. Power of Secretary of State to reduce, suspend, discontinue or transfer particular Exchequer contributions

11. PART X HOUSING ACCOUNTS OF LOCAL AUTHORITIES

    1. 203. The housing revenue account

    2. 204. Power of Secretary of State to limit estimated rate fund contributions to housing revenue account

    3. 205. The rent rebate account

    4. 206. The rent allowance account

    5. 207. The slum clearance revenue account

    6. 208. Application of receipts from disposal of certain land

    7. 209. Adjustment of accounts on appropriation of land

12. PART XI RENTS AND SERVICE CHARGES

    1. 210. Rents for public sector housing

    2. 211. Service charges

    3. 212. Rent increase notice

    4. 213. Removal notice

13. PART XII HOUSE LOANS AND OTHER FINANCIAL ASSISTANCE

    1. House loans: general

       1. 214. Power of local authority to make advances for the purpose of increasing housing accommodation

       2. 215. Requirements as to meeting tolerable standard

    2. House loans: special cases

       1. 216. House loans to tenants exercising right to purchase

       2. 217. Duty of local authorities to offer loans to meet expenses of improvement of houses in housing action areas

       3. 218. Duty of local authority to offer loans to meet expenses of repairs

    3. Rates of interest on home loans

       1. 219. Local authority home loan interest rates

       2. 220. Variation of rate by local authority

       3. 221. Variation of rate by Secretary of State

    4. Assistance for first-time buyers

       1. 222. Advances to recognised lending institutions to assist first-time buyers

       2. 223. Forms of assistance and qualifying conditions

       3. 224. Recognised lending institutions

       4. 225. Recognised savings institutions

       5. 226. Terms of advances and administration

       6. 227. Modifications of building society law and disapplication of provisions of the Restrictive Trade Practices Act 1976 in relation to assistance for first-time buyers

       7. 228. Exclusion of Restrictive Trade Practices Act: agreements as to loans on security of new houses

    5. Other assistance

       1. 229. Local authority indemnities for building societies, etc.

       2. 230. Assistance by local authority for acquiring houses in need of repair and improvement

       3. 231. Loans by Public Works Loan Commissioners for provision or improvement of housing accommodation

       4. 232. Powers of court in cases relating to instalment purchase agreements

       5. 233. Power of local authority to assist in provision of seperate service water pipes for houses

       6. 234. Financial assistance towards tenants' removal expenses

    6. Contributions to assistance for elderly, etc.

       1. 235. Contributions by other local authorities towards expenses of housing pensioners and disabled persons

14. PART XIII LOCAL AUTHORITY GRANTS FOR IMPROVEMENT, REPAIR AND CONVERSION

    1. Improvement grants

       1. 236. Power of local authorities to make improvement grants

       2. 237. Form of application

       3. 238. Powers of local authority

       4. 239. Consent of Secretary of State

       5. 240. Conditions for approval of applications for improvement grant other than applications relating exclusively to the provision of standard amenities

       6. 241. Approval of application for improvement grant

       7. 242. Amount of improvement grant

       8. 243. Payment of improvement grant

       9. 244. Duty of local authorities to make improvement grants where an application relates exclusively to the provision of standard amenities or to disabled occupant; and amount thereof

       10. 245. Grants restricted to applicant and his personal representatives

       11. 246. Conditions to be observed with respect to houses in respect of which an improvement grant has been made, and registration thereof

       12. 247. Voluntary repayment of improvement grants

    2. Repairs grants

       1. 248. Repairs grants

    3. Grants for fire escapes

       1. 249. Grants for fire escapes for houses in multiple occupation

    4. Grants for houses in housing action areas

       1. 250. Application of this Part to houses situated in a housing action area and power of local authority to give repairs grants in such areas and amount thereof

    5. Improvement of amenity grants

       1. 251. Powers of local authority for improvement of amenities

    6. Grants for thermal insulation

       1. 252. Schemes for grants for thermal insulation

       2. 253. Finance and administration of schemes under s. 252

    7. Exchequer contributions

       1. 254. Exchequer contributions towards improvement or repairs grants or grants for fire escapes

       2. 255. Exchequer contributions to local authority towards expenditure incurred for improvement of amenities

    8. Agricultural tenants, etc.

       1. 256. Application of this Part to agricultural tenants, etc.

15. PART XIV ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING

    1. Eligibility for assistance

       1. 257. Designation of defective dwellings by Secretary of State

       2. 258. Variation or revocation of designation

       3. 259. Conditions of eligibility

       4. 260. Exceptions to eligibility

       5. 261. Construction of references to disposal, etc.

    2. Determination of entitlement

       1. 262. Application for assistance

       2. 263. Application not to be entertained where grant application pending or approved

       3. 264. Determination of eligibility

       4. 265. Determination of form of assistance to which applicant is entitled

       5. 266. Conditions for assistance by way of reinstatement grant

       6. 267. Meaning of "work required for reinstatement" and "associated arrangement"

       7. 268. Notice of determination

    3. Assistance by way of reinstatement grant

       1. 269. Reinstatement grant

       2. 270. Conditions of payment of reinstatement grant

       3. 271. Amount of reinstatement grant

       4. 272. Changes in work or expenditure

       5. 273. Payment of reinstatement grant

       6. 274. Repayment of grant for breach of condition

    4. Assistance by way of repurchase

       1. 275. Repurchase

       2. 276. Repurchase by authority other than local authority

       3. 277. Interest subject to right of pre-emption, etc.

       4. 278. Compulsory purchase compensation to be made up to 95 per cent of defect-free value

       5. 279. Supplementary provisions as to payments under s. 277 or 278

       6. 280. Reimbursement of expenses incidental to repurchase

    5. Effect of repurchase on occupier

       1. 281. Effect of repurchase on certain existing tenancies

       2. 282. Grant of tenancy to former owner-occupier

       3. 283. Grant of tenancy to former statutory tenant

       4. 284. Alternative accommodation under s. 282 or 283

       5. 285. Request for tenancy under s. 282 or 283

       6. 286. Interpretation of ss. 281 to 285

    6. Local schemes

       1. 287. Designation of defective dwellings under local schemes

       2. 288. Variation or revocation of designation under local schemes

       3. 289. Secretary of State's control over designation, variation or revocation

    7. Miscellaneous

       1. 290. Duty of local housing authority to publicise availability of assistance

       2. 291. Duties of public sector authority disposing of defective dwelling

       3. 292. Reinstatement of defective dwelling by local authority

       4. 293. Death of person eligible for assistance, etc.

       5. 294. Dwellings included in more than one designation

       6. 295. Application of Act in relation to lenders on security of defective dwelling

    8. Contributions by Secretary of State

       1. 296. Contributions by Secretary of State

       2. 297. Power to vary relevant percentage

    9. Supplementary provisions

       1. 298. Service of notices

       2. 299. Jurisdiction of sheriff in Scotland

       3. 300. Meaning of "public sector authority"

       4. 301. Disposal of certain Crown interests in land treated as disposal by public sector authority

       5. 302. Meaning of "dwelling" and "house"

       6. 303. Interpretation

16. PART XV COMPENSATION PAYMENTS

    1. Payments for well-maintained houses

       1. 304. Payments in respect of well-maintained houses subject to closing orders, etc.

       2. 305. Payments in respect of well-maintained houses subject to compulsory purchase as not meeting the tolerable standard

       3. 306. Calculation of amount payable for well-maintained houses

    2. Repayment of certain payments

       1. 307. Repayment of payments made in connection with closing or demolition order when revoked

    3. Payments for houses not meeting tolerable standard

       1. 308. Right to and amount of payments for house not meeting tolerable standard

       2. 309. Right of parties to certain agreements secured on, or related to, houses not meeting the tolerable standard to apply to sheriff for adjustment of the agreements

       3. 310. Provisions as to house subject to heritable security or purchased by instalments

       4. 311. Interpretation of sections 308 to 310

    4. Payments to other local authorities

       1. 312. Payment of purchase money or compensation by one local authority to another

17. PART XVI GENERAL AND MISCELLANEOUS

    1. Byelaws

       1. 313. Byelaws with respect to houses in multiple occupation

       2. 314. Byelaws with respect to accommodation for agricultural workers

       3. 315. Byelaws with respect to accommodation for seasonal workers

       4. 316. Confirmation of byelaws

    2. Entry

       1. 317. Power of entry for survey, etc.

    3. Offences

       1. 318. Penalty for obstructing execution of Act

       2. 319. Penalty for preventing execution of works, etc.

       3. 320. Penalty for damage to houses, etc.

       4. 321. Liability of directors, etc. in case of offence by body corporate

    4. Powers of sheriff for housing purposes

       1. 322. Sheriff may determine lease in certain cases

       2. 323. Sheriff may authorise superior to execute works, etc.

       3. 324. Procedure on applications and appeals to sheriff

    5. Service

       1. 325. Occupier or tenant may be required to state interest

       2. 326. Service by description on certain persons whose identity is unknown and on a number of persons of one description

    6. Landlord's identity

       1. 327. Disclosure of landlord's identity

       2. 328. Duty to inform tenant of assignation of landlord's interest

    7. Powers of Secretary of State

       1. 329. Power of Secretary of State in event of failure of local authority to exercise powers

       2. 330. Power of Secretary of State to prescribe forms, etc.

       3. 331. Regulations: procedure

       4. 332. Secretary of State's power to dispense with advertisements and notices

       5. 333. Local inquiries

    8. Miscellaneous

       1. 334. Power of heir of entail to sell land for housing purposes

       2. 335. Crown rights

       3. 336. Limitation on liability of trustee, etc. for expenses incurred by local authority

       4. 337. Fair wages

       5. 338. Interpretation

       6. 339. Minor and consequential amendments, transitional provisions and repeals

       7. 340. Citation, commencement and extent

18. SCHEDULES

    1. SCHEDULE 1

       RULES AS TO ASSESSMENT OF COMPENSATION WHERE LAND PURCHASED COMPULSORILY IN CERTAIN CIRCUMSTANCES

       1. 1. —If the Lands Tribunal are satisfied that the rent of...

       2. 2. —If the Lands Tribunal are satisfied that the rent of...

       3. 3. —The local authority may tender evidence as to the matters...

       4. 4. —The Lands Tribunal shall (except as provided in section 15(1)...

       5. 5. —The Lands Tribunal shall embody in their award a statement...

    2. SCHEDULE 2

       TENANCIES WHICH ARE NOT SECURE TENANCIES

       1. Premises occupied under contract of employment

          1. 1. (1) A tenancy shall not be a secure tenancy if...

       2. Temporary letting to person seeking accommodation

          1. 2. —A tenancy shall not be a secure tenancy if the...

       3. Temporary letting pending development

          1. 3. —A tenancy shall not be a secure tenancy if the...

       4. Temporary accommodation during works

          1. 4. —A tenancy shall not be a secure tenancy if the...

       5. Accommodation for homeless persons

          1. 5. —A tenancy shall not be a secure tenancy if the...

       6. Agricultural and business premises

          1. 6. —A tenancy shall not be a secure tenancy if the...

       7. Police and fire authorities

          1. 7. —A tenancy shall not be a secure tenancy if the...

       8. Houses part of, or within curtilage of, certain other buildings

          1. 8. —A tenancy shall not be a secure tenancy if the...

    3. SCHEDULE 3

       GROUNDS FOR RECOVERY OF POSSESSION OF HOUSES LET UNDER SECURE TENANCIES

       1. PART I GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION

          1. 1. —Rent lawfully due from the tenant has not been paid,...

          2. 2. —The tenant (or any one of joint tenants) or any...

          3. 3. —The condition of the house or of any of the...

          4. 4. —The condition of any furniture provided for use under the...

          5. 5. —The tenant and his spouse have been absent from the...

          6. 6. —The tenant is the person, or one of the persons,...

          7. 7. —The tenant of the house (or any one of joint...

          8. 8. —The tenant of the house (or any one of joint...

          9. 9. —The house is overcrowded, within the meaning of section 135,...

          10. 10. —It is intended within a reasonable period of time to...

          11. 11. —The house has been designed or adapted for occupation by...

          12. 12. —The house forms part of a group of houses which...

          13. 13. —The landlord is a housing association which has as its...

          14. 14. —The interest of the landlord in the house is that...

          15. 15. (a) The landlord is an islands council; and

          16. 16. —The landlord wishes to transfer the secure tenancy of the...

       2. PART II SUITABILITY OF ACCOMMODATION

          1. 1. —For the purposes of sections 48(3) and 51(3), accommodation is...

          2. 2. —In determining whether accommodation is reasonably suitable to the needs...

          3. 3. —If the landlord has made an offer in writing to...

    4. SCHEDULE 4

       TERMS OF SECURE TENANCY RELATING TO SUBLETTING, ETC

       1. 1. —A secure tenant who wishes to assign, sublet or otherwise...

       2. 2. —In relation to an application under paragraph 1, the landlord...

       3. 3. (a) The landlord shall serve on the tenant notice in...

       4. 4. —A tenant who is aggrieved by a refusal (other than...

       5. 5. —In proceedings under paragraph 4, the sheriff shall order the...

       6. 6. —In deciding whether a refusal is reasonable the sheriff shall...

    5. SCHEDULE 5

       TERMS OF SECURE TENANCY RELATING TO ALTERATIONS, ETC. TO HOUSE

       1. 1. —A secure tenant who wishes to carry out work shall...

       2. 2. —In relation to an application under paragraph 1, the landlord...

       3. 3. —The landlord shall intimate consent or refusal, and any conditions...

       4. 4. —In the event that the landlord fails to make intimation...

       5. 5. —A tenant who is aggrieved by a refusal, or by...

       6. 6. —In proceedings under paragraph 5, the sheriff shall order the...

       7. 7. —In deciding whether a refusal or a condition is reasonable...

    6. SCHEDULE 6

       VESTING ORDER UNDER SECTION 77: MODIFICATION OF ENACTMENTS

       1. The Town and Country Planning (Scotland) Act 1972 (c.52)

          1. 1. —Paragraphs 1(2), 6 to 13 and 16 to 39 of...

          2. 2. —The references in paragraphs 6, 7 and 37 of that...

          3. 3. —In paragraph 6 of that Schedule— (a) the reference to...

          4. 4. —The reference in paragraph 20(2) of that Schedule to the...

          5. 5. —In paragraph 29 of that Schedule— (a) sub-paragraph (1)(a) shall...

       2. The Land Compensation (Scotland) Act 1963 (c.51)

          1. 6. —Any reference to the date of service of a notice...

          2. 7. —Section 25(2) shall be treated as if for the words...

          3. 8. —In section 30— (a) subsection (2) shall be treated as...

          4. 9. —Any reference to a notice to treat in section 45(2)...

          5. 10. —In Schedule 2, paragraph 2(1)(a) shall be treated as if...

    7. SCHEDULE 7

       1. PART I CONSENT TO DEMOLITION OF LISTED BUILDINGS IN HOUSING ACTION AREAS, ETC

          1. Buildings subject to compulsory purchase orders for demolition subsequently listed

             1. 1. (1) In this paragraph, references to a compulsory purchase order...

          2. Buildings acquired by agreement for demolition subsequently listed

             1. 2. (1) Where Part IV applies to a building purchased by...

       2. PART II REHABILITATION ORDERS

          1. Application and effect of rehabilitation orders

             1. 3. (1) This Part of this Schedule applies to any house...

          2. Miscellaneous provisions relative to rehabilitation orders

             1. 4. —Where the owner of a house to which this Part...

             2. 5. —Where a local authority have made a rehabilitation order they...

             3. 6. (1) Where— (a) land included in a compulsory purchase order,...

             4. 7. —A rehabilitation order may be made and confirmed notwithstanding that...

          3. Procedure for making and confirming rehabilitation orders

             1. 8. —A rehabilitation order shall be made in the prescribed form...

             2. 9. (1) Before submitting a rehabilitation order to the Secretary of...

             3. 10. (1) If no objection is duly made by any of...

             4. 11. —Paragraphs 6, 15 and 16 of Schedule 1 to the...

          4. Interpretation of this Part of this Schedule

             1. 12. —In this Part of this Schedule, unless the context otherwise...

       3. PART III APPLICATION OF ENACTMENTS RELATING TO COMPENSATION ON COMPULSORY PURCHASE, ETC., TO CASES UNDER PART I OR PART II OF THIS SCHEDULE

          1. Compensation

             1. 13. (1) Where, under Part I or II of this Schedule,...

          2. Extension of time limits for exercising powers under certain compulsory purchase orders

             1. 14. —In section 116 of the Lands Clauses Consolidation (Scotland) Act...

    8. SCHEDULE 8

       1. PART I HOUSING ACTION AREAS

          1. Procedure after publication of draft resolution

             1. 1. (1) The local authority shall have regard to any representations...

             2. 2. —Any notice authorised or required to be sent to any...

       2. PART II POWERS OF LOCAL AUTHORITY IN RELATION TO ACQUISITION OF LAND FOR HOUSING ACTION AREAS

          1. 3. (1) Subject to the provisions of sub-paragraph (2), where a...

          2. Land adjoining housing action area

             1. 4. —Where a local authority determine to acquire any land comprised...

          3. Further provisions relating to acquisition of land

             1. 5. (1) In so far as a resolution passed under section...

          4. Land belonging to local authority

             1. 6. (1) A local authority may include in a housing action...

          5. Local authority may take possession of land

             1. 7. —Section 11 (which provides that a local authority may take...

          6. Local authority may sell or lease land

             1. 8. —A local authority who have under Part IV or this...

          7. Extinction of rights of way servitudes, etc.

             1. 9. (1) A local authority may, with the approval of the...

          8. Provisions as to apparatus of public undertakers

             1. 10. (1) Where the removal or alteration of apparatus belonging to...

          9. Saving for telecommunication apparatus, etc.

             1. 11. (1) Paragraph 23 of the telecommunications code (which provides a...

       3. PART III COMPENSATION IN RESPECT OF LAND ACQUIRED COMPULSORILY

          1. 12. (1) Where land is purchased compulsorily by a local authority...

       4. PART IV ADJUSTMENT OF RELATIONS BETWEEN LESSORS AND LESSEES OF AGRICULTURAL HOLDINGS, ETC

          1. 13. (1) Section 8 of the Agricultural Holdings (Scotland) Act 1949...

    9. SCHEDULE 9

       RECOVERY OF EXPENSES BY CHARGING ORDER

       1. 1. —Where under sections 108(3), 131(2) and 164(4) a local authority...

       2. 2. —The annuity charged shall be such sum not exceeding such...

       3. 3. —A charging order shall be in such form as may...

       4. 4. —Every annuity constituting a charge by a charging order duly...

       5. 5. —A charging order duly recorded in the General Register of...

       6. 6. —Every annuity charged by a charging order may be recovered...

       7. 7. —A charging order and all sums payable thereunder may be...

       8. 8. —Any owner of, or other person interested in, premises on...

    10. SCHEDULE 10

        LANDLORD'S REPAIRING OBLIGATIONS

        1. Obligations to repair

           1. 1. (1) This paragraph applies— (a) to a contract entered into...

        2. Application of paragraph 1 to houses occupied by agricultural workers otherwise than as tenants

           1. 2. —Notwithstanding any agreement to the contrary, where under any contract...

        3. Repairing obligations in short leases of houses

           1. 3. (1) In any lease of a house, being a lease...

        4. Application of paragraph 3

           1. 4. (1) Subject to the provisions of this paragraph, paragraph 3...

        5. Restriction on contracting out

           1. 5. (1) The sheriff may, on the application of either party...

    11. SCHEDULE 11

        HOUSES IN MULTIPLE OCCUPATION: CONTROL ORDERS

        1. PART I MANAGEMENT SCHEMES

           1. 1. (1) A management scheme shall give particulars of all works...

           2. Recovery by local authority of capital expenditure

              1. 2. (1) Account shall be kept by the local authority for...

        2. PART II APPEAL AND REVIEW

           1. 3. (1) Within 6 weeks from the date on which a...

           2. 4. (1) Without prejudice to the right of appeal against a...

           3. 5. (1) If a local authority refuse an application to revoke...

           4. 6. (1) A sheriff who revokes a control order on appeal...

           5. Powers of court to restrict recovery of possession

              1. 7. (1) The provisions of this paragraph apply where—

        3. PART III CONSEQUENCES OF CESSATION OF CONTROL ORDER

           1. Transfer of landlord's interest in tenancies and agreements

              1. 8. (1) On and after the date on which the control...

           2. Cases where leases have been modified while control order was in force

              1. 9. —If under section 185 the sheriff modifies or determines a...

           3. Interpretation

              1. 10. —References in this Part of this Schedule to the control...

        4. PART IV RECOVERY OF EXPENSES BY LOCAL AUTHORITY EXECUTING WORKS UNDER SECTION 164

           1. 11. (1) Sections 108(6) (exercise of power of local authority to...

    12. SCHEDULE 12

        TERMINATION OF EXCHEQUER PAYMENTS TO LOCAL AUTHORITIES AND CERTAIN PERIODICAL PAYMENTS TO OTHER PERSONS

        1. 1. (1) No payment shall be made— (a) for the year...

        2. 2. — Table Part I Payments to local authorities Chapter Act...

    13. SCHEDULE 13

        ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS

    14. SCHEDULE 14

        ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS THAT MAY BE REDUCED, SUSPENDED OR DISCONTINUED

    15. SCHEDULE 15

        THE HOUSING REVENUE ACCOUNT

        1. PART I APPLICATION OF ACCOUNT

           1. 1. (1) The houses, buildings and land specified for the purposes...

        2. PART II OPERATION OF ACCOUNT

           1. Credits

              1. 2. (1) For each year a local authority shall carry to...

           2. Debits

              1. 3. —Subject to paragraph 4 of this Schedule, for each year...

              2. 4. —A local authority shall not debit to the housing revenue...

           3. Supplemental

              1. 5. —Any requirement of this Schedule as respects any amount to...

              2. 6. —A local authority may, with the consent of the Secretary...

              3. 7. —Where it appears to the Secretary of State that amounts...

              4. 8. —The Secretary of State may direct that items of income...

              5. 9. (1) If at any time a credit balance is shown...

              6. 10. —References in this Schedule to houses and other property to...

    16. SCHEDULE 16

        THE SLUM CLEARANCE REVENUE ACCOUNT

        1. Credits

           1. 1. —For each year a local authority shall carry to the...

           2. 2. —Where for any year a deficit is shown in the...

        2. Debits

           1. 3. —For each year a local authority shall debit to the...

        3. Supplemental

           1. 4. —Any surplus shown in a slum clearance revenue account at...

           2. 5. —A local authority may, with the consent of the Secretary...

           3. 6. —The Secretary of State may direct that items of income...

    17. SCHEDULE 17

        CONDITIONS RELATING TO HOUSE LOANS

        1. 1. —The provisions of this Schedule shall have effect with respect...

        2. 2. —The advance, together with interest thereon, shall be secured by...

        3. 3. —The amount of the principal of the advance shall not...

        4. 4. —The heritable security shall provide for repayment of the principal—...

        5. 5. —It shall also provide for the payment of instalments of...

        6. 6. —In the event of any of the conditions subject to...

        7. 7. —That balance may in any event be repaid at any...

        8. 8. —Where the advance is for any of the purposes specified...

        9. 9. —The advance shall not be made except after a valuation...

        10. 10. —No advance shall be made unless the estate or interest...

        11. 11. —In this Schedule, any reference, in relation to an advance,...

    18. SCHEDULE 18

        STANDARD AMENITIES

        1. PART I LIST OF AMENITIES AND MAXIMUM ELIGIBLE AMOUNTS

        2. PART II LIMIT ON AMOUNT OF APPROVED EXPENSES FOR STANDARD AMENITIES

           1. 1. —Subject to paragraph 3, the total amount of approved expense...

           2. 2. —Subject to paragraph 4, for each of the standard amenities...

           3. 3. —Subject to the provisions of section 242, the maximum eligible...

           4. 4. —An amount shall not be allowed for more than one...

    19. SCHEDULE 19

        CONSEQUENCES OF BREACH OF CONDITIONS OF IMPROVEMENT GRANT

        1. 1. —Subject to paragraphs 4 and 5, the local authority shall...

        2. 2. —If the local authority are satisfied that the breach of...

        3. 3. —If the local authority are satisfied that the breach although...

        4. 4. —Upon the satisfaction of a liability of an owner of...

        5. 5. —On the application of the local authority, the sheriff within...

        6. 6. (1) In any case where in pursuance of paragraph 4,...

        7. 7. —In the event of a breach of any of the...

        8. 8. —In this Schedule, "interest" means compound interest calculated at such...

    20. SCHEDULE 20

        ASSISTANCE BY WAY OF REPURCHASE

        1. PART I THE AGREEMENT TO REPURCHASE

           1. The interest to be acquired

              1. 1. —In this Schedule, "the interest to be acquired" means the...

           2. Request for notice of proposed terms of acquisition

              1. 2. —A person who is entitled to assistance by way of...

           3. Authority's notice of proposed terms

              1. 3. —The purchasing authority shall, within the period of three months...

           4. Unreasonable terms

              1. 4. —Where an offer to purchase is served on the person...

           5. Appeal

              1. 5. —A person so entitled who is aggrieved by the refusal...

           6. Notice of acceptance

              1. 6. —The person so entitled may at any time within the...

           7. Extensions

              1. 7. —The authority shall, if there are reasonable grounds for doing...

           8. Interest acquired to be treated as if acquired under Part I

              1. 8. —An interest acquired by a local authority under this Part...

        2. PART II PRICE PAYABLE AND VALUATION

           1. The price

              1. 9. (1) The price payable for the acquisition of an interest...

           2. The value

              1. 10. (1) For the purposes of this Schedule, the value of...

           3. Determination of value

              1. 11. (1) Any question arising under this Schedule as to the...

           4. Certain grant conditions cease to have effect

              1. 12. —Where the interest to be acquired is or includes a...

    21. SCHEDULE 21

        DWELLINGS INCLUDED IN MORE THAN ONE DESIGNATION

        1. Introductory

           1. 1. —This Schedule applies in relation to a defective dwelling where...

        2. Cases in which later designation to be disregarded

           1. 2. —Where a person is already eligible for assistance in respect...

        3. In other cases any applicable designation may be relied on

           1. 3. —Where a person is eligible for assistance in respect of...

        4. Procedure to be followed where later designation comes into operation

           1. 4. —The following provisions of this Schedule apply where—

           2. 5. (1) The local authority shall, as soon as reasonably practicable,...

           3. 6. (1) This paragraph applies where it appears to the authority...

           4. 7. (1) This paragraph applies where a person entitled to assistance...

    22. SCHEDULE 22

        TRANSITIONAL PROVISIONS AND SAVINGS

        1. PART I TRANSITIONAL PROVISIONS

           1. General

              1. 1. —The re-enactment of provisions in, and the consequent repeal of...

              2. 2. —In so far as— (a) any requirement, prohibition, determination, order...

              3. 3. —Where any enactment passed before this Act, or any instrument...

              4. 4. —Where any period of time specified in any enactment repealed...

              5. 5. (1) The general rule is that the provisions of this...

           2. Persons holding office

              1. 6. —Any person who at the commencement of this Act is...

           3. Security of tenure of tenants of regional councils, etc.

              1. 7. —Notwithstanding the repeal by this Act of section 16(2) and...

        2. PART II SAVINGS

           1. General saving for old transitional provisions

              1. 8. —The repeal by this Act of a provision relating to...

           2. General saving for old savings

              1. 9. (1) The repeal by this Act of an enactment previously...

           3. Transfers under section 14 of the Housing (Homeless Persons) Act 1977

              1. 10. (1) The repeal by this Act of section 14 of...

           4. Use of existing forms, etc.

              1. 11. —Any document made, served or issued on or after this...

           5. Secure tenant: reimbursement of cost of work done before 3rd October 1980

              1. 12. —The repeal of section 24(1) of the Tenants' Rights, Etc....

           6. Contributions under sections 106 and 121 of the Housing (Scotland) Act 1950 (c.34) and section 14 of the Housing (Scotland) Act 1962 (c.28)

              1. 13. —Contributions remain payable by the Secretary of State under sections...

    23. SCHEDULE 23

        MINOR AND CONSEQUENTIAL AMENDMENTS

        1. General

           1. 1. —Any reference in any previous enactment to "standard amenities" as...

           2. 2. —Any reference in any previous enactment to "tolerable standard" as...

        2. The Crofters Holdings (Scotland) Act 1886 (c. 29)

           1. 3. —In the Schedule, in paragraph 1 A, for the words...

        3. The Sheriff Courts (Scotland) Act 1907 (c. 51)

           1. 4. —In the Sheriff Courts (Scotland) Act 1907, after section 38...

        4. The Crofters (Scotland) Act 1955 (c. 21)

           1. 5. —In Schedule 5, in paragraph 1A, for the words "Part...

        5. The Clean Air Act 1956 (c. 52)

           1. 6. (1) In section 12(3) (adaptation of fireplaces in private dwellings),...

        6. The Coal Mining (Subsidence) Act 1957 (c. 59)

           1. 7. (1) In section 1(4) (duty of Board in respect of...

        7. The Building (Scotland) Act 1959 (c. 24)

           1. 8. —In the Sixth Schedule, in paragraph 4(b)(ii), for the words...

        8. The Pipe-lines Act 1962 (c. 58)

           1. 9. —In section 30(2), for the words " 181", " 1966"...

        9. The Land Compensation (Scotland) Act 1963 (c. 51)

           1. 10. (1) In section 15(7), for paragraph (d) substitute the following...

        10. The Local Government (Scotland) Act 1966 (c.51)

            1. 11. —In section 46(1) (general interpretation), in the definition of "housing...

        11. The National Loans Act 1968 (c.13)

            1. 12. —In Schedule 4, for the words "78" and "1950" substitute...

        12. The New Towns (Scotland) Act 1968 (c.16)

            1. 13. (1) In section 6, subsection (6) shall cease to have...

        13. The Clean Air Act 1968 (c.62)

            1. 14. —In section 8(7), for the words "193 and 194" substitute...

        14. The Post Office Act 1969 (c.48)

            1. 15. —In Schedule 4— (a) in paragraph 83(1), for "II of...

        15. The Local Authority Social Services Act 1970 (c.42)

            1. 16. —In Schedule 1, at the end insert in column 1...

        16. The Chronically Sick and Disabled Persons Act 1970 (c.44)

            1. 17. —In section 3(2), for the words "VII", "1966" and "137"...

        17. The Town and Country Planning (Scotland) Act 1972 (c.52)

            1. 18. —In section 186, for "section 26 of the Housing (Scotland)...

        18. The Land Compensation (Scotland) Act 1973 (c.56)

            1. 19. (1) In section 27(1)(f), for the words "15(2) of the...

        19. The Local Government (Scotland) Act 1973 (c.65)

            1. 20. (1) In section 130— (a) in subsection (1), for the...

        20. Consumer Credit Act 1974 (c.37)

            1. 21. —In section 16(1)(ff), for the words "2 of the 1978...

        21. Land Tenure Reform (Scotland) Act 1974 (c.38)

            1. 22. —In section 8(7), for the words "Tenants' Rights, Etc. (Scotland)...

        22. Local Government (Scotland) Act 1975 (c.30)

            1. 23. (1) In Schedule 3— (a) paragraph 27 shall cease to...

        23. The National Health Service (Scotland) Act 1978 (c.29)

            1. 24. —In section 100(1)— (a) in paragraph (a), for the words...

        24. The Local Government, Planning and Land Act 1980 (c.65)

            1. 25. (1) In section 152(1)(c), for the words "1 of the...

        25. The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)

            1. 26. —In section 13(11), for the words "the Tenants' Rights, Etc....

        26. The Local Government and Planning (Scotland) Act 1982 (c.43)

            1. 27. —In section 24(2), for the words "32(1)(b) of the Housing...

        27. The Civic Government (Scotland) Act 1982 (c.45)

            1. 28. (1) In section 87(5), for the words "Part II of...

        28. The Rent (Scotland) Act 1984 (c.58)

            1. 29. (1) In section 5(5), for the words "5 of the...

        29. The Housing Act 1985 (c.68)

            1. 30. (1) In section 76— (a) in subsection (1)(a), for the...

        30. The Housing Associations Act 1985 (c.69)

            1. 31. (1) In section 8(1), for the words "Part I of...

        31. Airports Act 1986 (c.31)

            1. 32. —In Schedule 2, paragraph 4, for the words "56" and...

    24. SCHEDULE 24

        REPEALS

    25. TABLE OF DERIVATIONS

        1. 1. The following abbreviations are used in this Table: Acts of...

        2. 2. The Table does not show the effect of Transfer of...

        3. 3. The letter R followed by a number indicates that the...

        4. 4. The entry "drafting" indicates a provision of a mechanical or...