Housing (Scotland) Act 1987

Section 95.

SCHEDULE 8 S

PART I S HOUSING ACTION AREAS

Procedure after publication of draft resolution S

1 (1) The local authority shall have regard to any representations made to them by virtue of section 94 and, within a period of 2 months from the expiry of the period of 2 months mentioned in section 94(7), shall— S

(a) subject to the provisions of sub-paragraph (2), pass a final resolution confirming the draft resolution, with or without modifications; or

(b) rescind the draft resolution.

(2) The power to make modifications by virtue of sub-paragraph (1)(a) shall not include power to extend the area defined in the draft resolution.

(3) The local authority shall, as soon as may be—

(a) send a copy of the final resolution and a copy of the map to the Secretary of State,

(b) publish in the manner required by section 94(5)(a) a notice that a final resolution has been made, or as the case may be, that the draft resolution has been rescinded and

(c) serve on such persons as were served with a notice in pursuance of section 94(5)(b), a notice stating the effect of any final resolution or, as the case may be, stating that the draft resolution has been rescinded,

and the provisions of section 94(6) shall apply to the publication and service of a notice under this paragraph as they apply to the publication and service of a notice under that section.

(4) The provisions of section 92 shall apply to a final resolution as they apply to a draft resolution.

2 S —Any notice authorised or required to be sent to any owner, lessee or occupier by virtue of section 94(5)(b) and paragraph 1(3)(c) may, if it is not practicable after reasonable inquiry to ascertain the name of such owner, lessee or occupier, be served by addressing it to him by the description of “owner”, “lessee” or “occupier”, as the case may be, identifying the house to which it relates and by delivering it to some person in the house, or if there is no person in the house to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the house.

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

3 (1) Subject to the provisions of sub-paragraph (2), where a local authority have published and served, in accordance with the provisions of section 94, a notice of the passing of a draft resolution made under section 89, 90 or 91 the local authority, from the date of the said publication and service, shall have power to purchase land by agreement in the area to which the said draft resolution relates, in order themselves to undertake, or otherwise secure, the demolition, or improvement to the standard specified under section 90(3) or by virtue of section 91(3) (as the case may be), of the houses or buildings. S

(2) Where under sub-paragraph (1) the local authority purchase a house identified in accordance with section 92(4)(c), they may also purchase any other part of the building so identified if in their opinion it is necessary to purchase such other part in order to integrate it with that house.

Land adjoining housing action area S

4 S —Where a local authority determine to acquire any land comprised in an area declared by them to be a housing action area, they may acquire also—

(a) any land which is surrounded by the housing action area; and

(b) any land adjoining the housing action area,

if the acquisition is reasonably necessary for the purpose of securing an area of convenient shape and dimensions or is reasonably necessary for the satisfactory development or use of the housing action area.

Further provisions relating to acquisition of land S

5 (1) In so far as a resolution passed under section 89 or 91 provides that some or all of the buildings in a housing action area should be demolished, the powers of acquiring land comprised in or surrounded by or adjoining such an area conferred on a local authority by Part IV and this Schedule shall not be restricted by the fact that buildings within that area have been demolished since the area was declared to be a housing action area. S

(2) Land for the purposes of Part IV and this Schedule may be acquired by a local authority by agreement under section 70 of the Local Government (Scotland) Act 1973 (acquisition of land by agreement).

(3) Subject to the provisions of sub-paragraph (4), a local authority may be authorised by the Secretary of State to purchase land compulsorily for the same purposes as they may acquire land by agreement under paragraphs 3 and 4, and the M1 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to any such compulsory purchase as if this Act had been in force immediately before the commencement of that Act, but subject to the following modifications—

(a) the compulsory purchase order shall not be in the form prescribed under paragraph 2 of Schedule 1 to that Act, but shall be in a form prescribed under this paragraph;

(b) the notices referred to in paragraphs 3 and 6 of the said Schedule 1 shall not be in the form prescribed under those paragraphs, but shall be in a form prescribed under this paragraph;

(c) the order shall show separately the houses in the housing action area which do not meet the tolerable standard and, as the case may be, that standard along with any other standard specified under section 90 or by virtue of section 91 and the land proposed to be purchased outside the area;

(d) the order as confirmed by the Secretary of State shall not authorise the local authority to purchase any house on less favourable terms with respect to compensation than the terms on which the order would have authorised them to purchase the house if the order had been confirmed without modification;

(e) if the Secretary of State is of opinion that any land included by a local authority in a housing action area ought not to have been so included, he shall on confirming the order so modify it as to exclude that land for all purposes from that area;

(f) in section 1 of that Act, any reference to the said Schedule 1 shall be construed as a reference to that Schedule as modified by this sub-paragraph;

(g) in Part IV of that Schedule any reference to that Act or that Schedule and any reference to any regulation made thereunder shall be construed respectively as a reference to that Act as modified by this sub-paragraph and as including a reference to any regulation made under this sub-paragraph;

(h) section 3 of that Act (power to extinguish certain public rights of way over land acquired) shall be omitted.

(4) Where a local authority have published and served notice of a final resolution in accordance with the provisions of paragraph 1 declaring an area to be—

(a) a housing action area for demolition, they shall submit any order authorising the compulsory purchase of land in the area to the Secretary of State within a period of 6 months from the date of the said publication and service,

(b) a housing action area for improvement or for demolition and improvement, any such order as aforesaid shall not be made by the local authority before the expiry of a period of 3 months and shall be submitted to the Secretary of State within a period of 9 months from the date of the said publication and service,

but the Secretary of State may in the circumstances of a particular case, allow such longer period for the periods of 6 months and 9 months mentioned respectively in paragraphs (a) and (b) as he thinks appropriate.

Marginal Citations

M1 1947 c. 42.

Land belonging to local authority S

6 (1) A local authority may include in a housing action area any land belonging to them which they might have included in such an area if the land had not belonged to them. S

(2) Where any land belonging to a local authority is included in a housing action area, or where any land belonging to a local authority is surrounded by or adjoins a housing action area and might have been purchased by the authority under paragraph 4 had it not been previously acquired by them, the provisions of Part IV and this Schedule shall apply in relation to any such land as if it had been purchased compulsorily by the authority as being land comprised in the housing action area or, as the case may be, as being land surrounded by or adjoining the housing action area.

Local authority may take possession of land S

7 S —Section 11 (which provides that a local authority may take possession of land to be acquired by agreement or appropriated for the purposes of Part I) shall apply for the purposes of Part IV and this Schedule as it applies for the purposes of Part I.

Local authority may sell or lease land S

8 S —A local authority who have under Part IV or this Schedule purchased any land comprised in or surrounded by or adjoining a housing action area, may—

(a) where the land was purchased for the purpose of bringing the houses in the area up to the standard specified under section 90(3) or by virtue of section 91(3), sell or lease any such house to any person subject to the condition that that person will bring the house up to at least the appropriate standard and to any other restriction or condition that they may think fit; or

(b) in any other case, sell or lease the land subject to such restrictions and conditions, if any, as they think fit, or may, in accordance with section 73 of the Local Government (Scotland) Act 1973 (appropriation of land), appropriate the land for any purpose for which they are authorised to acquire land.

Extinction of rights of way servitudes, etc. S

9 (1) A local authority may, with the approval of the Secretary of State, by order extinguish any public right of way over any land purchased by them under Part IV or this Schedule or provide for the closing or diversion of any road in connection with the development of a housing action area. S

(2) An order made by a local authority under sub-paragraph (1) shall be made in the prescribed form and be published in the prescribed manner, and, if any objection thereto is made to the Secretary of State before the expiry of 2 months from its publication, the Secretary of State shall not approve the order until he has caused a public local inquiry to be held into the matter.

(3) Where a local authority have resolved to purchase under Part IV or this Schedule land over which a public right of way exists, the authority may make and the Secretary of State may approve, in advance of the purchase, an order extinguishing that right as from the date on which the buildings on the land are vacated, or at the expiry of such period after that date as may be specified in the order or as the Secretary of State in approving the order may direct.

(4) Upon the completion by a local authority of the purchase by them of any land under Part IV or this Schedule, all private rights of way and all rights of laying down, erecting, continuing or maintaining any apparatus on, under or over that land, and all other rights or servitudes in or relating to that land, shall be extinguished, and any such apparatus shall vest in the authority; and any person who suffers loss by the extinction or vesting of any such right or apparatus as aforesaid shall be entitled to be paid by the authority compensation to be determined by the Lands Tribunal in accordance with the M2 Land Compensation (Scotland) Act 1963:

Provided that this sub-paragraph shall not apply to any right vested in public undertakers of laying down, erecting, continuing or maintaining any apparatus or to any apparatus belonging to public undertakers, and shall have effect as respects other matters subject to any agreement which may be made between the local authority and the person in or to whom the right or apparatus in question is vested or belongs.

Modifications etc. (not altering text)

C1 Sch. 8 para. 9 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(8), Sch. 17 paras. 33, 35(1)

C2 Sch. 8 para. 9 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(9); S.I. 1996/218, art. 2

Marginal Citations

M2 1963 c. 51.

Provisions as to apparatus of public undertakers S

10 (1) Where the removal or alteration of apparatus belonging to public undertakers on, under or over land purchased by a local authority under Part IV or this Schedule or on, under or over a road running over or through or adjoining any such land is reasonably necessary for the purpose of enabling the authority to exercise any of the powers conferred upon them by that Part or this Schedule, the authority shall have power to execute works for the removal or alteration of the apparatus subject to and in accordance with the provisions of this paragraph. S

(2) A local authority who intend to remove or alter any apparatus under the powers conferred by sub-paragraph (1) shall serve on the undertakers notice in writing of their intention, with particulars of the proposed works and of the manner in which they are to be executed and plans and sections thereof, and shall not commence any works until the expiry of a period of 28 days from the date of service of the notice, and the undertakers may within that period by notice in writing served on the authority—

(a) object to the execution of the works or any of them on the ground that they are not necessary for the purpose aforesaid; or

(b) state requirements to which in their opinion effect ought to be given as to the manner of, or the observance of conditions in, the execution of the works, as to the execution of other works for the protection of other apparatus belonging to the undertakers, or as to the execution of other works for the provision of substituted apparatus whether permanent or temporary;

and—

(i) if objection is so made to any works and not withdrawn, the local authority shall not execute the works unless they are determined by arbitration to be so necessary;

(ii) if any such requirement as aforesaid is so made and not withdrawn, the local authority shall give effect thereto unless it is determined by arbitration to be unreasonable.

(3) A local authority shall make to public undertakers reasonable compensation for any damage which is sustained by them by reason of the execution by the authority of any works under sub-paragraph (1) and which is not made good by the provision of substituted apparatus.

Any question as to the right of undertakers to recover compensation under this sub-paragraph or as to the amount thereof shall be determined by arbitration.

(4) Where the removal or alteration of apparatus belonging to public undertakers or the execution of works for the provision of substituted apparatus whether permanent or temporary is reasonably necessary for the purposes of their undertaking by reason of the stopping up, diversion or alteration of the level or width of a road by a local authority under powers exercisable by virtue of Part IV or this Schedule, such undertakers may, by notice in writing served on the authority, require them at the expense of the authority to remove or alter the apparatus or to execute the works, and, where any such requirement is so made and not withdrawn, the authority shall give effect thereto unless they serve notice in writing on the undertakers of their objection to the requirement within 28 days from the date of service of the notice upon them and the requirement is determined by arbitration to be unreasonable.

(5) At least 7 days before commencing any works which they are authorised or required under the provisions of this paragraph to execute, the local authority shall, except in case of emergency, serve on the undertakers notice in writing of their intention so to do, and the works shall be executed by the authority under the superintendence (at the expense of the authority) and to the reasonable satisfaction of the undertakers:

Provided that, if within 7 days from the date of service on them of notice under this sub-paragraph the undertakers so elect, they shall themselves execute the works in accordance with the reasonable directions and to the reasonable satisfaction of the local authority, and the reasonable costs thereof shall be repaid to the undertakers by the authority.

(6) Any difference arising between public undertakers and a local authority under sub-paragraph (5) and any matter which is by virtue of the provisions of this paragraph to be determined by arbitration shall—

(a) in the case of a question arising under sub-paragraph (3) be referred to and determined by the Lands Tribunal;

(b) in any other case be referred to and determined by an arbiter to be appointed, in default of agreement, by the Secretary of State.

(7) In this paragraph, references to the alteration of apparatus include references to diversion and to alterations of position or level.

Modifications etc. (not altering text)

C3 Sch. 8 para. 10 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(8), Sch. 17 paras. 33, 35(1)

C4 Sch. 8 para. 10 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(9); S.I. 1996/218, art. 2

Saving for telecommunication apparatus, etc. S

11 (1) Paragraph 23 of [F1 the electronic communications code] (which provides a procedure for certain cases where works involve the alteration of [F2 electronic communications apparatus]) shall apply to a local authority for the purposes of any works which they are authorised to execute under Part IV or this Schedule. S

(2) Where in pursuance of an order under paragraph 9 a public right of way over land is extinguished or a road is closed or diverted, and, at the beginning of the day on which the order comes into operation, there is under, in, on, over, along or across the land or road any [F2 electronic communications apparatus] kept installed for the purposes of [F3 an electronic communications code network], the operator of [F4 that network] shall have the same powers in respect of that apparatus as if the order had not come into operation; but any person entitled to land over which the right of way subsisted shall be entitled to require the alteration of the apparatus.

(3) The proviso to sub-paragraph (4) of paragraph 9 shall have effect in relation to any right conferred by or in accordance with [F1 the electronic communications code] on the operator of [F3 an electronic communications code network] and to [F2 electronic communications apparatus] kept installed for the purposes of any [F4 such network] as it has effect in relation to rights vested in and apparatus belonging to statutory undertakers.

(4) Paragraph 1(2) of [F1 the electronic communications code] (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this paragraph as it applies for the purposes of that code.

(5) Paragraph 21 of [F1 the electronic communications code] (restriction on removal of [F2 electronic communications apparatus]) shall apply in relation to any entitlement conferred by this paragraph to require the alteration, moving or replacement of any [F2 electronic communications apparatus] as it applies in relation to an entitlement to require the removal of any such apparatus.

Textual Amendments

F1 Words in Sch. 8 para. 11 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 11(a)

F2 Words in Sch. 8 para. 11 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 11(b)

F3 Words in Sch. 8 para. 11 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 11(c)

F4 Words in Sch. 8 para. 11 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 11(d)

Modifications etc. (not altering text)

C5 Sch. 8 para. 11 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(xli), Sch. 17 paras. 33, 35(1)

PART III S COMPENSATION IN RESPECT OF LAND ACQUIRED COMPULSORILY

12 (1) Where land is purchased compulsorily by a local authority under Part IV or this Schedule, the compensation payable in respect thereof shall, subject to the following provisions of this paragraph, be assessed by the Lands Tribunal in accordance with the M3 Land Compensation (Scotland) Act 1963. S

(2) In the case of the compulsory acquisition of a house which either is specified in the compulsory purchase order as not meeting the tolerable standard, or is specified in an improvement order under section 88, such compensation shall not (except by virtue of paragraph 3 of Schedule 2 to the said Act of 1963) exceed the value, at the time when the valuation is made, of the site of the house as a cleared site available for development in accordance with the requirements of the building regulations for the time being in force in the district.

(3) The reference in sub-paragraph (2) to compensation is a reference to the compensation payable in respect of the purchase exclusive of any compensation for disturbance or for severance or for injurious affection.

(4) Schedule 1 shall have effect in relation to the compulsory purchase of land under sub-paragraph (1), but shall not have effect in relation to a house to which sub-paragraph (2) applies.

Modifications etc. (not altering text)

C6 Sch. 8 para. 12(2)(3) applied (27.5.1997) by 1997 c. 8, ss. 108(2), 278(2)

Marginal Citations

M3 1963 c. 51.

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

13 (1) [F5 Section 15 of the Agricultural Holdings (Scotland) Act 1991] (increases of rent for improvements carried out by landlord) [F6 or section 10 of the Agricultural Holdings (Scotland) Act 2003 (increase in rent: landlord’s improvements)] shall apply as if references in subsection (1) of [F7 the respective section applying (as the case may be)] to improvements carried out at the request of the tenant included references to improvements carried out in compliance with a notice of a final resolution under Part I of this Schedule: S

Provided that where the tenant has contributed to the cost incurred by the landlord in carrying out the improvement, the increase in rent provided for by [F8 the said section 15] [F9 or (as the case may be) the said section 10] shall be reduced proportionately.

(2) Any works carried out in compliance with a notice of a final resolution under Part I of this Schedule shall be included among the improvements specified in [F10 paragraph 18 of Schedule 5 to the Agricultural Holdings (Scotland) Act 1991] (tenant’s right to compensation for erection, alteration or enlargement of buildings), but subject to the power conferred by [F11 section 73] of that Act to vary [F12 the said Schedule 5]; and [F13 sections 38 and 39] of that Act (which make that right to compensation subject to certain conditions) [F14 or (as the case may be) section 49 (notice required for certain improvements) of the Agricultural Holdings (Scotland) Act 2003] shall not apply to any works carried out in compliance with such a notice:

Provided that where a person other than the tenant claiming compensation has contributed to the cost of carrying out the works in compliance with any such notice, compensation in respect of the works, as assessed under [F15 section 36 of the Agricultural Holdings (Scotland) Act 1991 or section 47 of the Agricultural Holdings (Scotland) Act 2003] , shall be reduced proportionately.

(3) Any works carried out in compliance with a notice of a final resolution under Part I of this Schedule shall—

(a) if carried out on a croft, be permanent improvements on that croft and be deemed to be suitable to the croft for the purposes of section 14(1)(a) of the M4 Crofters (Scotland) Act 1955 (crofter’s right to compensation for improvements);

(b) if carried out on a holding, be permanent improvements on that holding and be deemed to be suitable to the holding for the purposes of section 8(a) of the M5 Crofters Holdings (Scotland) Act 1886 (landholder’s right to compensation for improvements);

(4) In this paragraph, unless the context otherwise requires—

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate house;

• “tenant”—

(a) has the same meaning as in section 115(1) of the M6 Rent (Scotland) Act 1984 but does not include a tenant holding under a lease granted for a period of more than 21 years at a rent of less than two-thirds of the net annual value for rating purposes of the leased premises, or a heritable creditor in possession; and

(b) includes, in relation to a dwelling, a person employed in agriculture (as defined in section 17 of the M7 Agricultural Wages (Scotland) Act 1949) who occupies or resides in the dwelling as part of the terms of his employment,

and “tenancy” shall be construed accordingly.

References in this paragraph to a tenant occupying a dwelling include, in the case of a tenant within head (b) of this definition, a tenant residing in the dwelling, and “occupation” and “occupied” and related expressions shall be construed accordingly; and in relation to a dwelling occupied by such a tenant “the person having control” of the dwelling means, in this paragraph, the employer or other person by whose authority the tenant occupies the dwelling.

Textual Amendments

F5 Words in Sch. 8 para. 13(1) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 56(a)(i)(with s. 45(3))

F6 Words in Sch. 8 para. 13(1) inserted (27.11.2003) by Agricultural Holdings (Consequential Amendments) (Scotland) Order 2003 (S.S.I. 2003/583), art. 1, sch. para. 10(c)(i)

F7 Words in Sch. 8 para. 13(1) substituted (27.11.2003) by Agricultural Holdings (Consequential Amendments) (Scotland) Order 2003 (S.S.I. 2003/583), art. 1, sch. para. 10(c)(ii)

F8 Words in Sch. 8 para. 13(1) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 56(a)(ii)(with s. 45(3))

F9 Words in Sch. 8 para. 13(1) inserted (27.11.2003) by Agricultural Holdings (Consequential Amendments) (Scotland) Order 2003 (S.S.I. 2003/583), art. 1, sch. para. 10(c)(iii)

F10 Words in Sch. 8 para. 13(2) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 56(b)(i)(with s. 45(3))

F11 Words in Sch. 8 para. 13(2) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 56(b)(ii)(with s. 45(3))

F12 Words in Sch. 8 para. 13(2) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 56(b)(iii)(with s. 45(3))

F13 Words in Sch. 8 para. 13(2) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 56(b)(iv)(with s. 45(3))

F14 Words in Sch. 8 para. 13(2) inserted (27.11.2003) by Agricultural Holdings (Consequential Amendments) (Scotland) Order 2003 (S.S.I. 2003/583), art. 1, sch. para. 10(d)(i)

F15 Words in Sch. 8 para. 13(2) substituted (27.11.2003) by Agricultural Holdings (Consequential Amendments) (Scotland) Order 2003 (S.S.I. 2003/583), art. 1, sch. para. 10(d)(ii)

Marginal Citations

M4 1955 c. 21.

M5 1886 c. 29.

M6 1984 c. 58.

M7 1949 c. 30.