Housing (Scotland) Act 1987

249 Grants for fire escapes for houses in multiple occupation. S

(1) Subject to the provisions of this section, where an application for a grant for a fire escape in a house in multiple occupation is duly made, a local authority—

(a) shall approve the application in so far as it relates to the execution of works specified in a notice served on any person, other than a public body, under section 162 (which empowers a local authority to require the provision of a means of escape from fire in a house in multiple occupation);

(b) in so far as it is not so specified but is required in connection with works so specified, may approve the application.

(2) A local authority shall not approve an application under this section unless they are satisfied that at the time of completion of the works to which the application relates the house will be in reasonable repair (disregarding the state of internal decorative repair) having regard to its age, character and location.

(3) Where a local authority approve an application under this section they shall determine the maximum amount of expenses which they think proper to be incurred for the relevant works; but so much of such amount as relates to works referred to in—

(a) paragraph (a) of subsection (1) shall not exceed £8,100 or such other amount as may be prescribed under subsection (8);

(b) paragraph (b) of that subsection shall not exceed £3,000 or such other amount as may be prescribed under subsection (8).

(4) Subject to subsection (5), the amount of grant payable under subsection (1) above in relation to any application shall be 75 per cent. of the maximum amount determined under subsection (3) above in relation thereto or such other percentage of that maximum amount as may be prescribed under subsection (9).

(5) If, in any case, it appears to the local authority by whom the application is approved that the applicant will not without undue hardship be able to finance the cost of so much of the work as is not met by the grant, they may, as regards that case, increase the percentage referred to in subsection (4) above to such percentage, not exceeding 90 per cent., as they think fit.

(6) Sections 236 to 239 and 241 to 247 (other than section 241(3)(b), section 242(1), [F1 , (3) and (5) to (10)] and section 244) shall apply [F2 in relation to an application for a grant under subsection (1) or to] a grant under subsection (1) as they apply [F3 in relation to an application for an improvement grant or to] an improvement grant, except that for the purposes of the application of section 243(1)(b), for the words “section 242(1) or as the case may be section [F4 244(7)]” are substituted the words “section 248(4) or (5) as the case may be”.

(7) In subsection (1), “public body” means a regional, islands or district council or such other body as the Secretary of State may by order made by statutory instrument specify.

(8) The maximum amount of expenses prescribed under subsection (3)(a) or (b) 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.

(9) The percentage of the maximum amount that may be prescribed under subsection (4) shall be prescribed by order of the Secretary of State made with the consent of the Treasury.

(10) An order made under subsection (9) shall be made by statutory instrument and shall not be made unless a draft has been laid before and approved by resolution of the House of Commons.

[F5 (11) An order under this section may make different provision with respect to different cases or descriptions of case.]

Textual Amendments

F1 Words substituted (retrospectively) by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(1), Sch. 7 para. 15(a)

F2 Words substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(1), Sch. 8 para. 7(a)(i)

F3 Words substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(1), Sch. 8 para. 7(a)(ii)

F4 Figure substituted (retrospectively) by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(1), Sch. 7 para. 15(b)

F5 S. 249(11) added by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(1), Sch. 8 para. 7(b)