Housing (Scotland) Act 1987

190 Interpretation of Part VIII

(1) In this Part of this Act, unless the context otherwise requires—

• "dispossessed proprietor" has the meaning given by section 181(6);

• "establishment charges" means, in relation to any expenditure incurred by a local authority, the proper addition to be made to that expenditure to take account of overhead expenditure incurred by the authority, and to allow for a proper return of capital;

• "lease" includes a sublease or any tenancy, and any agreement for a lease, sublease or tenancy, and references to a lessor or to a lessee or to a person to whom a house is let shall be construed accordingly;

• "licence" means any right or permission relating to land but not amounting to an estate or interest therein;

• "person managing a house" has the meaning given to it by section 156(5);

• "surpluses on revenue account as settled by the scheme" has the meaning given by paragraph 1(3) of Schedule 11.

(2) References in this Part to the net amount of rents or other payments received by a local authority from persons occupying a house are references to the amount of the rent and other payments received by the authority from those persons under leases or licences, or in respect of furniture to which section 181(1) applies, after deducting income tax paid or borne by the authority in respect of those rents and other payments.

(3) References in this Part to expenditure incurred in respect of a house subject to a control order include, in a case where the local authority—

(a) require persons living in a house to vacate their accommodation for any period while the local authority are carrying out works in the house, and

(b) defray all or any part of the expenses incurred by or on behalf of those persons removing from and returning to the house, or provide housing accommodation for those persons for any part of that period,

references to the sums so defrayed by the local authority, and to the net cost to the authority of so providing housing accommodation.

(4) For the purposes of this Part the withdrawal of an appeal shall be deemed the final determination thereof having the like effect as a decision dismissing the appeal.