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Housing (Scotland) Act 1987
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Housing (Scotland) Act 1987, Section 140 is up to date with all changes known to be in force on or before 17 February 2025. 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.
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Changes and effects yet to be applied to Section 140:
- s. 21(3)(i) s. 21(3)(ai)(ii) by 2001 asp 10 Sch. 10 para. 13(3)(c) para. 13(I)-(iii)
- s. 61(2)(a) (ia) by 2001 asp 10 Sch. 10 para. 13(6)(a)(ii)
- s. 63(1A)-(61C) by 2001 asp 10 s. 46(2)
- s. 66(1)(vi)(vii) by 2001 asp 10 Sch. 10 para. 13(9)(b)
- s. 286(a)(c) by 2001 asp 10 Sch. 10 para. 13(40)(a) (b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 21(3)(i) s. 21(3)(ai)(ii) by 2001 asp 10 Sch. 10 para. 13(3)(c) para. 13(I)-(iii)
- s. 61(2)(a) (ia) by 2001 asp 10 Sch. 10 para. 13(6)(a)(ii)
- s. 63(1A)-(61C) by 2001 asp 10 s. 46(2)
- s. 66(1)(vi)(vii) by 2001 asp 10 Sch. 10 para. 13(9)(b)
- s. 286(a)(c) by 2001 asp 10 Sch. 10 para. 13(40)(a) (b)
140 Exception: children attaining age of 1 or 10.S
(1)Where a house which would not otherwise be overcrowded becomes overcrowded by reason of a child attaining the age of one or 10, the occupier does not commit an offence under section 139(1) (occupier causing or permitting overcrowding), so long as the condition in subsection (2) is met and the occupier does not fail to accept an offer of suitable alternative accommodation or to secure the removal of any person living in the house who is not a member of his family and whose removal is reasonably practicable.
(2)The condition is that all the persons sleeping in the house are persons who were living there when the child attained that age and thereafter continuously live there, or children born after that date of any of those persons.
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