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Housing (Scotland) Act 1987

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Changes over time for: Cross Heading: Procedure after publication of draft resolution

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Version Superseded: 01/04/2010

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Housing (Scotland) Act 1987, Cross Heading: Procedure after publication of draft resolution is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Procedure after publication of draft resolutionS

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94(5)(a) a notice that a final resolution has been made, or as the case may be, that the draft resolution has been rescinded and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a notice stating the effect of any final resolution or, as the case may be, stating that the draft resolution has been rescinded,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.

2S—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.

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