Housing (Scotland) Act 1987

242 Amount of improvement grant. S

[F1 (1) Subject to the following provisions of this section—

(a) the approved expense shall not exceed £20,000, or such other amount as may be prescribed, in respect of each house to which the application relates,

(b) the amount of improvement grant payable shall be—

(i) the approved expense under deduction (where applicable) of the applicant’s contribution, or

(ii) where subsection (1A) applies, the amount determined by virtue of that subsection,

whichever is the greater.

(1A) In such cases as the Scottish Ministers may specify in regulations, the amount for the purposes of subsection (1)(b)(ii) shall be such percentage of the approved expense as may be so specified; and such regulations may make different provision for different cases or classes of case.

(1B) Where the amount of improvement grant payable is that determined by virtue of subsection (1A), the grant is referred to in this Part as a “ minimum percentage grant ”.

(1C) Regulations under subsection (1A) shall be made by statutory instrument and shall not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.]

(2) If, after an application for a grant has been approved by a local authority, the authority are satisfied that owing to circumstances beyond the control of the applicant the expense of the works will exceed the estimate contained in the application, they may, on receiving a further estimate, substitute a higher amount as the amount of the approved expense of executing the works, but that amount shall not exceed the maximum authorised by virtue of subsection [F2 (1)(a)].

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If the local authority are satisfied that in any particular case—

(a) there are good reasons for fixing a higher [F4 approved expense than that which may be fixed ] by virtue of subsection (1), [F5 the approved expense] may be exceeded by such amount as the Secretary of State may approve; and the approval of the Secretary of State may be given either with respect to a particular case or with respect to a particular class of case;

(b) the expense of executing the works was materially enhanced by measures taken to preserve the architectural or historic interest of the house or building to which the application relates, the amount payable by virtue of subsection (1) may be exceeded by such amount as the Secretary of State may approve.

[F6 (5) Subsection (5A) applies in relation to an application for an improvement grant, other than—

(a) an application to which section 244 applies, or

(b) an application in respect of works for the benefit of a disabled occupant within the meaning of section 236(3).

(5A) Where this subsection applies, the maximum approved expense for the purposes of subsection (1)(a) shall be reduced by the total amount of any qualifying grants and assistance in respect of the same house which have been paid or approved for payment within the period of 10 years preceding the date on which the application is determined.

(5B) In subsection (5A), “ qualifying grants and assistance ” means—

(a) improvement grants, other than—

(i) grants under section 244,

(ii) grants in respect of works for the benefit of a disabled occupant within the meaning of section 236(3), and

(iii) minimum percentage grants,

(b) repairs grants, other than minimum percentage grants, and

(c) assistance under section 42(4) of the Crofters (Scotland) Act 1993 (c.44).]

(6) Where by virtue of the making on any occasion of an improvement grant in respect of the improvement of a house, the conditions specified in section [F7 246] are required to be observed with respect to the house before the observance thereof by virtue of the making of an improvement grant on a previous occasion has ceased to be requisite, the provisions of sections 246, 247, F8 ...and Schedule 19 shall apply in relation to the house as regards each occasion on which an improvement grant is so made as if it were the only occasion on which it was so made.

F9 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) The maximum approved expense that may be prescribed under subsection (1) F10 ... shall be prescribed by order of the Secretary of State made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) An order under this section may make different provision with respect to different cases or descriptions of case.

Textual Amendments

F1 S. 242(1)-(1C) substituted for s. 242(1) (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), ss. 101(2), 113(1); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F2 Word in s. 242(2) substituted (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), ss. 101(3), 113(1); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F3 S. 242(3) repealed (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), s. 113(1), sch. 10 para. 13(25)(a); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F4 Words in s. 242(4) substituted (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), ss. 101(4)(a), 113(1); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F5 Words in s. 242(4) substituted (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), ss. 101(4)(b), 113(1); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F6 S. 242(5)-(5B) substituted for s. 242(5) (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), ss. 101(5), 113(1); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F7 Figure substituted (retrospectively) by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(1), Sch. 7 para. 11

F8 Word in s. 242(6) repealed (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), s. 113(1), sch. 10 para. 13(25)(b); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F9 S. 242(7)(8) repealed (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), s. 113(1), sch. 10 para. 13(25)(c); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F10 Words in s. 242(9) repealed (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), s. 113(1), sch. 10 para. 13(25)(d); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)