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Version Superseded: 31/08/2011
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Housing (Scotland) Act 1987, Section 188 is up to date with all changes known to be in force on or before 29 August 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.
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(1)A control order shall cease to have effect on the expiry of a period of 5 years beginning with the date on which it came into force.
(2)The local authority may at any earlier time, either on an application under this section or on their own initiative, by order revoke a control order.
(3)Not less than 21 days before the local authority revoke a control order they shall serve notice of their intention to revoke the control order on the persons occupying any part of the house, and on every person who is to the knowledge of the authority an owner or lessee of the house or a person holding a heritable security over the house.
(4)If any person applies to the local authority requesting the authority to revoke a control order, and giving the grounds on which the application is made, the authority shall, if they refuse the application, inform the applicant of their decision and of their reason for rejecting the grounds advanced by the applicant.
(5)Where the local authority propose to revoke a control order on their own initiative and apply to the sheriff under this subsection, the sheriff may take any of the following steps, to take effect on the revocation of the control order, that is—
(a)approve the making of an order under section 157;
(b)approve the giving of a notice under section 160 or section 161 or section 162; or
(c)approve the giving of a direction under section 166;
and no appeal lies against any order or notice so approved.
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