Housing (Scotland) Act 1987

2 (1) Where Part IV applies to a building purchased by a local authority by agreement, and at any time the building is included in a list of buildings of special architectural or historic interest under [F1 section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997] or under any corresponding enactment repealed by that Act, the authority or its successor in the exercise of the powers conferred by Part IV may, subject to sub-paragraph (2), apply to the Secretary of State (and only to him) under [F1 the said sections 6 to 8] for consent to the demolition of the building. S

(2) No such application may be made by virtue of sub-paragraph (1) after the expiry of the period of 3 months beginning with the date on which the building is included on the said list.

(3) Where—

(a) an application for consent has been made under [F2 the said sections 6 to 8], by virtue of sub-paragraph (1), and has been refused, or

(b) the period of 3 months mentioned in sub-paragraph (2) has expired without the authority having made such an application,

the authority shall cease to be subject to the duty imposed by Part IV to demolish the building, which shall be treated—

(i) in the case of a house, as appropriated to the purposes of Part I of this Act, and

(ii) in any other case, as appropriated to the purposes of [F2 Part VIII of the Town and Country Planning (Scotland) Act 1997].

Textual Amendments

F1 Words in Sch. 7 para. 2(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 40(6)(a)

F2 Words in Sch. 7 para. 2(3) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 40(6)(b)